File No. 70-8417
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
AMENDMENT NO. 1 TO
FORM U-1
APPLICATION OR DECLARATION
under
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
____________________________________________________________
National Fuel Gas Company Leidy Hub, Inc.
30 Rockefeller Plaza 10 Lafayette Square
New York, NY 10112 Buffalo, NY 14203
(Name of company filing this statement
and address of principal executive offices)
____________________________________________________________
NATIONAL FUEL GAS COMPANY
(Name of top registered holding company)
____________________________________________________________
Walter E. DeForest, Bernard J. Kennedy,
President President
Leidy Hub, Inc. National Fuel Gas Company
10 Lafayette Square 30 Rockefeller Plaza
Buffalo, NY 14203 New York, NY 10112
(Names and addresses of agents for service)
It is respectfully requested that the Commission send copies
of all notices, orders and communications to:
Paul N. Edwards, Esq.
Phillips, Lytle, Hitchcock,
Blaine & Huber
3400 Marine Midland Center
Buffalo, NY 14203
Item 5 is hereby amended to add:
The Applicants hereby request that certain information
contained in the Exhibits hereto, as indicated in the index
to Exhibits (the "Information") be kept confidential
pursuant to Rule 104(b) [17 CFR Section 250.104(b)].
Public disclosure of the Information is not necessary
or appropriate in the public interest or for the protection
of investors or consumers. The Information describes the
startup costs, overhead and projected earnings of the
proposed partnership Ellisburg-Leidy Northeast Hub Company,
and the financial effect of those transactions on Leidy Hub,
Inc. and on the National Fuel Gas Company holding company
system.
The amounts involved are orders of magnitude too small
to be material to either investors or consumers. Leidy Hub,
Inc. is seeking the Commission's permission to invest a
maximum of only $500,000 total in this partnership, and
would invest any of that money only in response to a call
for capital which would have to be approved by both Leidy
Hub, Inc. and its partner (Hub Services, Inc.).
The people who would be most interested in the
Information would be the marketers who would be in
competition with Ellisburg-Leidy Northeast Hub Company, Inc.
Gas marketers typically operate with a minimal capital
investment and very tight margins in a highly competitive
environment. Anybody who wants to become a gas marketer can
do so just by investing in business cards, a computer and a
phone. In this environment, information on a competitor's
fixed costs and margins is a valuable trade secret, and is
treated by all the competitors as confidential, proprietary
information.
These competitors can not obtain the Information
anywhere else. The Applicants cannot obtain similar
information about their competitors. The Applicants firmly
believe that the investing and consuming public would be
best served by allowing the Information to remain
confidential, thereby permitting Ellisburg-Leidy Northeast
Hub Company to compete on an equal basis with its
competitors.
NATIONAL FUEL GAS COMPANY LEIDY HUB, INC.
By:/s/ R. M. DiValerio By:/s/ W. E. DeForest
R. M. DiValerio W. E. DeForest
Secretary President
May 5, 1994
