File No. 70-9117
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
AMENDMENT NO. 2 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, NY 14203 10 Lafayette Square
Buffalo, NY 14203
National Fuel Gas Seneca Resources Corporation
Supply Corporation 10 Lafayette Square
10 Lafayette Square Buffalo, NY 14203
Buffalo, NY 14203
Utility Constructors, Inc. Highland Land & Minerals, Inc.
East Erie Extension 10 Lafayette Square
Linesville, PA 16424 Buffalo, NY 14203
Leidy Hub, Inc. Data-Track Account
10 Lafayette Square Services, Inc.
Buffalo, NY 14203 10 Lafayette Square
Buffalo, NY 14203
National Fuel Horizon Energy
Resources, Inc. Development, Inc.
165 Lawrence Bell Drive 10 Lafayette Square
Suite 120 Buffalo, NY 14203
Williamsville, NY 14221
Seneca Independence Niagara Independence
Pipeline Company Marketing Company
10 Lafayette Square 10 Lafayette Square
Buffalo, NY 14203 Buffalo, NY 14203
(Names of companies filing this statement
and address of principal executive offices)
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NATIONAL FUEL GAS COMPANY
(Name of top registered holding company)
- ------------------------------------------------------------
Richard Hare James R. Peterson,
Senior Vice President Assistant Secretary
Seneca Independence National Fuel Gas Company
Pipeline Company 10 Lafayette Square
10 Lafayette Square Buffalo, NY 14203
Buffalo, NY 14203
(Names and addresses of agents for service)
Item 1(D) is hereby amended to delete the following language:
Rule 16(c) requires that annual reports of companies
acquired pursuant to Rule 16 be included in National's
annual report on Form U5S. As discussed in Item 5
(Procedure), National requests a waiver of that requirement,
and requests that the Commission accept and give
confidential treatment to Rule 24 Certificates containing
the information which would have been in those annual
reports.
Item 5 is hereby amended to delete the following language:
Rule 16(c) requires that annual reports of companies
acquired pursuant to Rule 16 (which would include Niagara
Independence and Seneca Independence) be included in
National's annual report on Form U5S. National requests a
waiver of that requirement, in light of the above commitment
to provide financial information on a quarterly basis.
Seneca Independence and Niagara Independence ask
(partly at the request of other partners of the
Partnerships) that the Commission not require the
Applicant-Declarants to provide ongoing income statements
and balance sheets for the Pipeline and Marketing
Partnerships because (i) the Partnerships do not otherwise
intend to make their financial statements publicly available
except as such disclosure may be required by laws and
regulations administered by the Federal Energy Regulatory
Commission; (ii) the Partnerships will be the owners of
highly competitive businesses in which information such as
that displayed on the Partnerships' financial statements
will have commercial value; and (iii) Seneca Independence
and Niagara Independence would be only minority owners of
the Partnerships without any actual control over the persons
who will generate the Partnerships' financial statements.
SIGNATURES
Pursuant to the requirements of the Public Holding
Utility Company Act of 1935, the undersigned company has
duly caused this Statement to be signed on its behalf by the
undersigned thereunto duly authorized.
National Fuel Gas Company National Fuel Gas
Distribution Corporation
By:/s/ James R. Peterson By:/s/ David F. Smith
James R. Peterson David F. Smith
Assistant Secretary Sr. Vice President/Secretary
National Fuel Gas Seneca Resources Corporation
Supply Corporation
By:/s/ Joseph P. Pawlowski By:/s/ William M. Petmecky
Joseph P. Pawlowski William M. Petmecky
Treasurer/Secretary Sr. Vice President/Secretary
Utility Constructors, Inc. Highland Land & Minerals, Inc.
By:/s/ David F. Smith By:/s/ Joseph P. Pawlowski
David F. Smith Joseph P. Pawlowski
Secretary Secretary/Treasurer
Leidy Hub, Inc. Data-Track Account
Services, Inc.
By:/s/ Gerald T. Wehrlin By:/s/ David F. Smith
Gerald T. Wehrlin David F. Smith
Secretary/Treasurer Secretary
National Fuel Horizon Energy
Resources, Inc. Development, Inc.
By:/s/ Robert J. Kreppel By:/s/ Gerald T. Wehrlin
Robert J. Kreppel Gerald T. Wehrlin
President Vice President
Seneca Independence Niagara Independence
Pipeline Company Marketing Company
By:/s/ James R. Peterson By:/s/ William M. Petmecky
James R. Peterson William M. Petmecky
Secretary Secretary
Dated: March 11, 1998
