File No. 70-8963
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
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AMENDMENT NO. 4 TO
FORM U-1
APPLICATION-DECLARATION
under
the
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
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National Fuel Gas Company National Fuel Gas
10 Lafayette Square Distribution Corporation
Buffalo, New York 14203 10 Lafayette Square
Buffalo, New York 14203
National Fuel Gas Seneca Resources Corporation
Supply Corporation 10 Lafayette Square
10 Lafayette Square Buffalo, New York 14203
Buffalo, New York 14203
Utility Constructors, Inc. Highland Land & Minerals, Inc.
East Erie Extension 10 Lafayette Square
Linesville, Pennsylvania 16424 Buffalo, New York 14203
Leidy Hub, Inc. Data-Track Account
10 Lafayette Square Services, Inc.
Buffalo, New York 14203 10 Lafayette Square
Buffalo, New York 14203
National Fuel Resources, Inc. Horizon Energy
478 Main Street Development, Inc.
Buffalo, New York 14202 10 Lafayette Square
Buffalo, New York 14203
(Names of companies filing this statement
and addresses of principal executive offices)
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NATIONAL FUEL GAS COMPANY
(Name of top registered holding company)
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Philip C. Ackerman William T. Baker, Jr., Esq.
Senior Vice President Robert J. Reger, Jr., Esq.
National Fuel Gas Company Reid & Priest LLP
10 Lafayette Square 40 West 57th Street
Buffalo, New York 14203 New York, New York 10019
(Names and addresses of agents for service)
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Item 1. Description of Proposed Transactions.
Paragraph 1.6 of Item 1 is revised in its entirety to read as
follows:
"1.6 Management of the Project and Affiliate Transactions. The
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Special Purpose Entities shall be managed by the Affiliate and Tennessee
Affiliate with voting rights commensurate to their individual ownership
interests. The Affiliate will have the right to nominate no more than two
persons to provide support to the Special Purpose Entities to develop the
Project from commercial, engineering, design and construction standpoints.
In the future, Seneca Resources Corporation, a wholly-owned subsidiary
of National currently engaged in the exploration for, and the development
and purchase of, natural gas and oil reserves in the Gulf Coast of Texas
and Louisiana, in California and in the Appalachian region of the United
States, and other National system companies as well as Supply may contract
to become a shipper on the Project.
The Affiliate or the Special Purpose Entities may contract with
associate companies in the National system which are not public-utility
companies for goods or services.
Pursuant to rule 16, Tennessee and all of its affiliates as well as
the Special Purpose Entities will be exempt from all obligations, duties or
liabilities imposed upon them by the Act as subsidiary companies or
affiliates of a registered holding company. The transactions proposed
herein are conditioned on the applicability of such exemption.
<PAGE>
National specifically undertakes that it will not seek recovery
through higher rates to National system utility company customers to
compensate it for any possible loss that it might sustain by reason of the
proposed Project, or for any inadequate returns on such investment."
Item 3. Applicable Statutory Provisions.
Paragraph 3.2 of Item 3 is revised in its entirety to read as follows:
"3.2 General Provisions. The proposal herein is subject to sections
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6(a), 7, 9(a), 10, 11, 12(b) and 13 and rules 16, 45 and 54 thereunder.
If, however, the Securities and Exchange Commission ("Commission")
considers the proposed transactions to require any authorization, approval
or exemption, under any section of the Act or rule or regulation other than
those cited hereinabove, such authorization, approval or exemption is
hereby requested."
Item 5. Procedures.
The fourth paragraph of Item 5 is revised in its entirety to read as
follows:
"The Rule 24 certificates will also contain a summary of services or
goods provided by non-utility associate companies of National to the
Affiliate or the Special Purpose Entities. This summary will detail the
services or goods provided, identify the company providing the same, the
total full-time equivalent employees involved in such service activities
during the reporting period and the charge for such service or goods and
the method of calculating such charge."
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<PAGE>
SIGNATURES
Pursuant to the requirements of the Public Utility Holding
Company Act of 1935, the undersigned companies have duly caused this
amendment to be signed on their behalf by the undersigned thereunto duly
authorized.
NATIONAL FUEL GAS COMPANY NATIONAL FUEL GAS DISTRIBUTION
CORPORATION
By /s/ P.C. Ackerman By /s/ David F. Smith
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Name: P.C. Ackerman Name: David F. Smith
Title: Senior Vice President Title: Senior Vice
President
NATIONAL FUEL GAS SUPPLY SENECA RESOURCES CORPORATION
CORPORATION
By /s/ Richard Hare By /s/ James A. Beck
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Name: Richard Hare Name: James A. Beck
Title: President Title: President
UTILITY CONSTRUCTORS, INC. HIGHLAND LAND & MINERALS, INC.
By /s/ David F. Smith By /s/ P.C. Ackerman
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Name: David F. Smith Name: P.C. Ackerman
Title: Secretary Title: President
LEIDY HUB, INC. DATA-TRACK ACCOUNT
SERVICES, INC.
By /s/ Walter E. DeForest By /s/ David F. Smith
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Name: Walter E. DeForest Name: David F. Smith
Title: President Title: Secretary
NATIONAL FUEL RESOURCES, INC. HORIZON ENERGY
DEVELOPMENT, INC.
By /s/ R.J. Tanski By /s/ Bruce H. Hale
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Name: R.J. Tanski Name: Bruce H. Hale
Title: Secretary Title: Vice President
DATED: February 26, 1997
