(As filed December 12, 2000)
File No. 70-9375
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POS-AMC
Post-Effective Amendment No. 4
to
FORM U-1
APPLICATION OR DECLARATION
UNDER THE
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
IES UTILITIES INC.
Alliant Energy Tower
Cedar Rapids, Iowa 52401
(Names of companies filing this statement and addresses of
principal executive offices)
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ALLIANT ENERGY CORPORATION
(Name of top registered holding company parent)
----------------------------------------------------
Edward M. Gleason
Vice President - Treasurer and
Corporate Secretary
Alliant Energy Corporation
222 West Washington Avenue
Madison, Wisconsin 53703-0192
(Name and address of agent for service)
----------------------------------------------------
The Commission is requested to send copies of all notices, orders and
communications in connection with this Application or Declaration to:
Barbara J. Swan, General Counsel William T. Baker, Jr., Esq.
Alliant Energy Corporation Thelen Reid & Priest LLP
222 West Washington Avenue 40 West 57th Street
Madison, Wisconsin 53703-0192 New York, New York 10019
<PAGE>
Post-Effective Amendment No. 1 to the Application/Declaration in this
proceeding, as filed September 14, 2000, as amended by Post-Effective Amendment
No. 2, as filed on October 17, 2000, and Post-Effective Amendment No. 3, as
filed on November 16, 2000, is hereby further amended as follows:
ITEM 3 - APPLICABLE STATUTORY PROVISIONS, is amended to read as follows:
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3.1 General. Sections 6(a), 7 and 32(h) of the Act and Rule 54
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thereunder are applicable to the proposed issuance of the Trust Bonds, Senior
Debentures, and Subordinated Debentures, to the guarantees and other forms of
credit support issued with respect to the Tax-Exempt Bonds, and to the issuance
of any promissory notes by IES to evidence borrowings of the proceeds of the
Tax-Exempt Bonds.
3.2 Rule 54 Analysis. The transactions proposed herein are also
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subject to Section 32(h)(4) of the Act and Rule 54 thereunder. Rule 54 provides
that, in determining whether to approve any transaction that does not relate to
an "exempt wholesale generator" ("EWG") or "foreign utility company" ("FUCO"),
as defined in Sections 32 and 33, respectively, the Commission shall not
consider the effect of the capitalization or earnings of any subsidiary which is
an EWG or FUCO upon the registered holding company system if paragraphs (a), (b)
and (c) of Rule 53 are satisfied.
Alliant Energy is in compliance with all requirements of Rule 53(a).
Alliant Energy's "aggregate investment" (as defined in Rule 53(a)(1)(i)) in all
EWGs and FUCOs at September 30, 2000 was $201.7 million, or about 16% of Alliant
Energy's "consolidated retained earnings" ($1,263.4 million for the four
quarters ended September 30, 2000 as defined in Rule 53(a)(1)(ii), and including
Alliant Energy's accumulated other comprehensive income). In addition, Alliant
Energy has complied and will comply with the record-keeping requirements of Rule
53(a)(2), the limitation under Rule 53(a)(3) on the use of the personnel of
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<PAGE>
Alliant Energy's domestic public utility subsidiaries to render services to EWGs
and FUCOs, and the requirements of Rule 53(a)(4) concerning the submission of
copies of certain filings under the Act to retail regulatory commissions.
Finally, none of the circumstances described in Rule 53(b) has occurred or is
continuing. Accordingly, Rule 53(c) is by its terms inapplicable.
SIGNATURES
Pursuant to the requirements of the Public Utility Holding Company Act of
1935, as amended, the undersigned company has duly caused this Post-Effective
Amendment filed herein to be signed on its behalf by the undersigned thereunto
duly authorized.
IES UTILITIES INC.
By: /s/ Edward M. Gleason
------------------------------------
Name: Edward M. Gleason
Title: Vice President - Treasurer and
Corporate Secretary
Date: December 12, 2000
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