File No. 70-8283
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE AMENDMENT NO. 4 TO
FORM U-1
APPLICATION-DECLARATION WITH RESPECT TO
PARTICIPATION BY EUA ENERGY INVESTMENT CORPORATION
IN A JOINT VENTURE TO COMMERCIALIZE
AN ENERGY RELATED COMPUTER SOFTWARE AND HARDWARE SYSTEM
UNDER
THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
EUA ENERGY INVESTMENT CORPORATION ("EEIC")
P.O. Box 2333, Boston, Massachusetts 02107
(Name of companies filing this statement
and address of principal executive office)
EASTERN UTILITIES ASSOCIATES
(Name of top registered holding company
parent of applicant or declarant)
CLIFFORD J. HEBERT, JR., TREASURER
EASTERN UTILITIES ASSOCIATES
P.O. Box 2333, Boston, Massachusetts 02107
(Name and address of agent for service)
The Commission is requested to mail signed copies
of all orders, notices and communications to:
ARTHUR I. ANDERSON, P.C.
McDermott, Will & Emery
75 State Street
Boston, Massachusetts 02109
This Post-Effective Amendment No. 4 to the Application-
Declaration on Form U-1 dated October 6, 1993, as previously
amended by Amendment No. 1 dated October 20, 1993, Amendment
No. 2 dated November 5, 1993, Amendment No. 3 dated December 8,
1993, Amendment No. 4 dated January 19, 1994, Amendment No. 5
dated January 21, 1994, Post-Effective Amendment No. 1 dated
December 21, 1994, Post-Effective Amendment No. 2 dated January
27, 1995 and Post-Effective Amendment No. 3 dated February 27,
1995, hereby amends said Application-Declaration as follows:
1. The following new Paragraph J is hereby added to Part III of
Item 1:
I. Request for Authorization to Charge Interest Rates
Greater than the Applicant's Effective Cost of Capital on
Additional Loans and/or Advances to TransCapacity L.P. Pursuant
to Rules 45(b)(4) and 52(b) and (d) promulgated under the Act,
and without further Commission approval, EEIC may fund its
subsidiary, TransCapacity L.P., directly or through its wholly
owned subsidiary, EUA TransCapacity, Inc., by making any of the
following, without limitation: capital contributions, open
account advances without interest and/or loans bearing interest
at EEIC's effective cost of capital. See Release No. 35-26312
(June 20, 1995). By vote dated October 16, 1995, EEIC's board of
directors authorized EEIC (1) from time to time through December
31, 1997 to make additional loans and/or advances to
TransCapacity L.P. in an aggregate total amount not to exceed
$3,000,000 (the "Additional Loans and/or Advances") in order to
fund TransCapacity L.P.'s increased working capital needs, such
Additional Loans and/or Advances to be made at EEIC's effective
cost of capital, and (2) to request Commission authorization to
increase the interest rates to be charged by EEIC on the
Additional Loans and/or Advances to interest rates up to (a) the
prime rate published from time to time by the First National Bank
of Boston or other similar financial institutions ("Prime") plus
6%, with respect to any Additional Loans and/or Advances made
prior to the Conversion Date (as such term is defined in this
Application), and (b) Prime plus 2%, with respect to any
Additional Loans and/or Advances made on or after the Conversion
Date. EEIC hereby requests authorization to make Additional
Loans and/or Advances, directly or through EUA TransCapacity,
Inc., upon such terms.
2. Item 2 is hereby amended by adding the following paragraph
and table entry:
The Applicant estimates that it has incurred the following
additional fees and expenses in connection with its request
hereunder to charge interest rates in excess of its effective
cost of capital on the Additional Loans and/or Advances to
TransCapacity L.P.:
Legal fees $3,500
3. Item 3 is hereby amended by adding the following paragraph
and table entry:
The Applicant considers the following rules promulgated
under the Act to be applicable to its request hereunder to charge
specified interest rates in excess of its effective cost of
capital on the Additional Loans and/or Advances to TransCapacity
L.P.:
Additional Loans and/or Advances Rules 45(b)(4) and 52(b)
by EEIC to TransCapacity L.P. and (d).
at specified interest rates
greater than EEIC's effective
cost of capital.
4. Item 6 is hereby amended by adding the following new
exhibit:
Exhibit H-2 Proposed Form of Notice
SIGNATURE
Pursuant to the requirements of the Public Utility Holding
Company Act of 1935, the undersigned Applicant has duly caused
this statement to be signed on its behalf by the undersigned duly
authorized individual.
EUA ENERGY INVESTMENT CORPORATION
By: /s/ Clifford J. Hebert, Jr.
Clifford J. Hebert, Jr.
Treasurer
Date: December 13, 1995
Exhibit H-1
(PROPOSED FORM OF NOTICE)
SECURITIES AND EXCHANGE COMMISSION
(Release No. 35 - , 70 - 8283)
EUA Energy Investment Corporation ("EEIC"), a wholly-owned subsidiary
of Eastern Utilities Associates, a registered holding company, has filed a
post-effective amendment to its application-declaration with this
Commission pursuant to Section 12(b) of the Public Utility Holding Company
Act of 1935 (the "Act") and Rule 45(a) promulgated thereunder.
EEIC seeks Commission approval to increase the interest rates charged
by it on additional loans and/or advances to its subsidiary, TransCapacity
Limited Partnership, to specified rates above EEIC's effective cost of
capital.
NOTICE IS FURTHER GIVEN that any interested person may, not later than
January __, 1996, request in writing that a hearing be held on such matter,
stating the nature of his interest, the reasons for such request, and the
issues of fact or law raised by said application/declaration which he
desires to controvert; or he may request that he be notified if the
Commission should order a hearing thereon. Any such request should be
addressed: Secretary, Securities and Exchange Commission, 450 5th Street,
N.W., Judiciary Plaza, Washington, D.C. 20549. A copy of such request
should be served personally or by mail upon the applicant/declarant at the
above-stated address and proof of service (by affidavit or, in case of an
attorney at law, by certificate) should be filed with the request. At any
time after said date the application/declaration, as filed or as it may be
amended, may be granted and permitted to become effective as provided in
Rule 23 of the General Rules and Regulations promulgated under the Act, or
the Commission may grant exemption from such rules as provided in Rules
20(a) and 100 thereof or take such other action as it may deem appropriate.
Persons who request a hearing or advice as to whether a hearing is ordered
will receive any notices and orders issued in this matter, including the
date of the hearing (if ordered) and any postponements thereof.
For the Commission, by the Division of Corporate Regulation, pursuant
to delegated authority.
Secretary
