File No. 70-8135
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
AMENDMENT NO. 4 TO
FORM U-1
APPLICATION OR DECLARATION
under
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
____________________________________________________________
National Fuel Gas Supply Corporation
10 Lafayette Square
Buffalo, New York 14203
Penn-York Energy Corporation
10 Lafayette Square
Buffalo, New York 14203
(Names of companies filing this statement
and addresses of principal executive offices)
___________________________________________________________
NATIONAL FUEL GAS COMPANY
(Name of top registered holding company)
___________________________________________________________
Richard M. DiValerio
Vice President and Secretary
Penn-York Energy Corporation
10 Lafayette Square
Buffalo, New York 13203
James R. Peterson, Esq.
Senior Attorney
National Fuel Gas Supply Corporation
10 Lafayette Square
Buffalo, New York 14203
(Names and addresses of agents for service)
Item 4 is hereby amended to add:
The Applicants submit that Section 10(f) of the Public
Utility Holding Company Act does not apply to the
implementation filings which the applicants must make with
the New York and Pennsylvania Departments of State after the
Commission has approved this Application/Declaration.
When and if the Commission approves this
Application/Declaration, National and Penn-York would
complete the pro-forma Departments of State filings attached
to this Application/Declaration as Exhibit D-2, filling in as
the effective date the next end-of-quarter date which arises
after receipt of the Commission's approval. The Departments
of State will perform the essentially ministerial duties of
verifying that the documents are in order and that Penn-York
is current on its New York taxes. Upon the acceptance of
those filings (or upon a subsequent date set out in the
filings), the merger becomes effective. See New York
Business Corporation Law, Section 907(g), and Pennsylvania
Business Corporation Law, Section 1928. The Commission
should not require (or even allow) National and Penn-York to
make the Departments of State filings before the Commission
has ordered that this merger may proceed.
PENN-YORK ENERGY NATIONAL FUEL GAS SUPPLY
CORPORATION CORPORATION
By:/s/ R. M. DiValerio By:/s/ R. M. DiValerio
R. M. DiValerio R. M. DiValerio
Vice President & Secretary Secretary & General Counsel
March 3, 1994
