File No. 70-9175
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM U-1
APPLICATION - DECLARATION
UNDER THE
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
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Names of Companies filing this statement and addresses of principal executive
offices:
National Fuel Gas Company National Fuel Gas Supply Corporation
10 Lafayette Square 10 Lafayette Square
Buffalo, New York 14203 Buffalo, New York 14203
Name of Top Registered Holding Company: NATIONAL FUEL GAS COMPANY
Names and Addresses of Agents for Service:
J. P. Pawlowski, Secretary J. R. Peterson, Assistant Secretary
National Fuel Gas Supply Corporation National Fuel Gas Company
10 Lafayette Square 10 Lafayette Square
Buffalo, New York 14203 Buffalo, New York 14203
It is respectfully requested that the Commission send copies of all notices,
orders and communications to:
D. W. Reitz
Assistant General Counsel
National Fuel Gas Supply Corporation
10 Lafayette Square, Suite 1500
Buffalo, New York 14203
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This Post-Effective Amendment No. 1 is filed to seek additional time to carry
out the Exchange approved by the Commission in its Order Authorizing Acquisition
of Assets of Nonutility Company, issued May 12, 1999, Release No. 35-27019 (the
"Order"). In the Order, the application-declaration was granted and permitted to
become effective immediately, subject to the terms and conditions set forth in
Rule 24. Rule 24(c)(1) provides that "the transaction proposed shall be carried
out ... within 60 days after such declaration is effective or application
granted, or such earlier or later date" as may be specified in the
application-declaration. The proposed acquisition of assets of Cunningham
Natural Gas Corporation ("Cunningham") in exchange for stock of National Fuel
Gas Company has not occurred because certain conditions set forth in the Asset
Purchase and Reorganization Agreement remain unsatisfied. Most significantly,
the Registration Statement on Form S-4, filed with the Commission on or about
March 23, 1999, as amended, in connection with the Exchange has not yet been
declared effective by the Commission, and consequently a vote by the
stockholders of Cunningham approving the Exchange has not yet occurred.
Applicants expect that all unsatisfied conditions will be satisfied and the
Exchange will be carried out on or before December 31, 1999, and accordingly
request that the Commission permit the Exchange to occur pursuant to the Order
up to and including December 31, 1999.
SIGNATURES
Pursuant to the requirements of the Public Utility Holding Company Act of 1935,
the undersigned companies have duly caused this Statement to be signed on their
behalf by the undersigned thereunto duly authorized.
Dated: August 3, 1999 NATIONAL FUEL GAS COMPANY
By: /s/ James R. Peterson
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James R. Peterson
Assistant Secretary
NATIONAL FUEL GAS SUPPLY
CORPORATION
By: /s/ John R. Pustulka
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John R. Pustulka
Vice President
