File No. 70-8821
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Amendment No. 3
to
FORM U-1
APPLICATION OR DECLARATION
under
The Public Utility Holding Company Act of 1935
SOUTHERN COMPANY SERVICES, INC. GULF POWER COMPANY
64 Perimeter Center East 500 Bayfront Parkway
Atlanta, Georgia 30346 Pensacola, Florida 32501
ALABAMA POWER COMPANY MISSISSIPPI POWER COMPANY
600 North 18th Street 2992 West Beach
Birmingham, Alabama 35291 Gulfport, Mississippi 39501
GEORGIA POWER COMPANY SAVANNAH ELECTRIC AND POWER COMPANY
333 Piedmont Avenue, N.E. 600 Bay Street East
Atlanta, Georgia 30308 Savannah, Georgia 31401
(Name of company or companies filing this statement and addresses
of principal executive offices)
THE SOUTHERN COMPANY
(Name of top registered holding company parent of each applicant or declarant)
Tommy Chisholm, Secretary Warren E. Tate, Secretary and Treasurer
Southern Company Services, Inc. Gulf Power Company
270 Peachtree Street, N.W. 500 Bayfront Parkway
Atlanta, Georgia 30303 Pensacola, Florida 32501
Michael W. Southern, Vice President,
Art P. Beattie, Vice President, Secretary, Treasurer and
Secretary and Treasurer Chief Financial Officer
Alabama Power Company Mississippi Power Company
600 North 18th Street 2992 West Beach
Birmingham, Alabama 35291 Gulfport, Mississippi 39501
Kirby R. Willis, Vice President,
Judy M. Anderson, Vice President Treasurer and Chief Financial Officer
and Corporate Secretary Savannah Electric and Power Company
Georgia Power Company 600 Bay Street East
333 Piedmont Avenue, N.E. Savannah, Georgia 31401
Atlanta, Georgia 30308
(Names and addresses of agents for service)
The Commission is requested to mail signed copies of all orders,
notices and communications to:
W.L. Westbrook John D. McLanahan, Esq.
Financial Vice President Troutman Sanders LLP
The Southern Company 600 Peachtree Street, N.E.
270 Peachtree Street, N.W. Suite 5200
Atlanta, Georgia 30303 Atlanta, Georgia 30308-2216
<PAGE>
The Application or Declaration, as heretofore amended and restated by
Amendment No. 2, is now further amended in the following respects:
1. The final sentence in the next to last paragraph of Item 1.2 of said
Amendment No. 2 is amended and restated in its entirety to read as follows:
"The Applicants represent that they will not, without the further order
of the Commission, (i) seek to broker or market other energy
commodities to any customer except in conjunction with making
electricity sales, (ii) make any sales of such other energy commodities
to customers located outside the United States, or (iii) invest in any
assets the ownership of which would result in any Operating Company
becoming a "gas utility company," as defined under the Act. In
addition, the Applicants represent that they will not make any sales of
natural gas to retail customers in any State unless authorized or
permitted to make such sales under applicable State laws or
regulations.1"
2. The first paragraph of Item 3 - Applicable Statutory Provisions, is
amended by adding the following additional sentences thereto:
"It is the Applicants' understanding that the staff of the Division of
Investment Management does not believe that the Commission has
jurisdiction over power marketing activities by domestic electric
utility subsidiaries of a registered holding company (or by a service
company as agent therefor) if such activities are confined to
transactions taking place within the United States. Accordingly, the
Applicants represent that, without first obtaining the approval of the
Commission, they will not engage in power marketing activities in
transactions outside the United States."
_______________
1 See SEI Holdings, Inc., Holding Co. Act Rel. No. 26581 (September 26,
1996), p. 6.
<PAGE>
SIGNATURES
Pursuant to the requirements of the Public Utility Holding Company Act
of 1935, the undersigned companies have duly caused this statement to be signed
on their behalf by the undersigned thereunto duly authorized.
Dated: November 7, 1996 SOUTHERN COMPANY SERVICES, INC.
By: /s/Wayne Boston________________
Wayne Boston
Assistant Secretary
ALABAMA POWER COMPANY
By: /s/Wayne Boston________________
Wayne Boston
Assistant Secretary
GEORGIA POWER COMPANY
By: /s/Wayne Boston________________
Wayne Boston
Assistant Secretary
GULF POWER COMPANY
By: /s/Wayne Boston________________
Wayne Boston
Assistant Secretary
(Signatures continued on next page)
<PAGE>
MISSISSIPPI POWER COMPANY
By: /s/Wayne Boston________________
Wayne Boston
Assistant Secretary
SAVANNAH ELECTRIC AND POWER COMPANY
By: /s/Wayne Boston________________
Wayne Boston
Assistant Secretary
