(As filed December 13, 1999)
File No. 70-9525
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
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FORM U-1/A
Amendment No. 3
to
APPLICATION-DECLARATION
under the
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
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NATIONAL FUEL GAS COMPANY
NATIONAL FUEL GAS SUPPLY CORPORATION
10 Lafayette Square
Buffalo, New York 14203
NATIONAL FUEL RESOURCES, INC.
165 Lawrence Bell Drive, Suite 120
Williamsville, New York 14221
SENECA RESOURCES CORPORATION
UPSTATE ENERGY, INC.
1201 Louisiana Street, Suite 400
Houston, Texas 77002
(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
President
National Fuel Gas Company
10 Lafayette Square
Buffalo, New York 14203
(Name and address of agent for service)
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The Commission is requested to send copies of all
notices, orders and communications in connection with
this Application or Declaration to:
James R. Peterson, Esq. Robert J. Reger, Jr., Esq.
Assistant Secretary Andrew F. MacDonald, Esq.
National Fuel Gas Company Thelen Reid & Priest LLP
10 Lafayette Square 40 West 57th Street
Buffalo, New York 14203 New York, New York 10019
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The Application-Declaration in this proceeding was filed on July 6, 1999,
and amended and restated in its entirety by Amendment No. 1, dated September 8,
1999, and Amendment No. 2, dated October 8, 1999. This Amendment No. 3 amends
and restates Items 1.4 and 1.5 in their entirety and adds a new Item 1.6, to
read as follows:
1.4 Protection of Domestic Utility Consumers.
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National undertakes that it will not seek recovery through higher rates to
Distribution's customers to compensate it for any possible loss that it might
sustain by reason of the foreign activities that it is proposing to engage in,
or for any inadequate return on such activities.
1.5 Relationship to Other Authorizations.
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By order dated February 12, 1997 in File No. 70-8651,(1) Resources was
authorized to expand its wholesale and retail natural gas marketing and
brokering business, which was originally authorized by order dated December 20,
1991 in File No. 70-7833,(2) to include electricity and other fuels and related
activities. The Commission authorized Resources to engage in such expanded
activities anywhere in the United States. The Commission reserved jurisdiction
over such activities by Resources outside the United States pending completion
of the record. The Commission's order in this proceeding would have the effect
of modifying the February 12, 1997 order so as to permit Resources to engage in
the expanded activities, directly or indirectly through one or more Foreign
Energy Affiliates, anywhere in the United States and Canada. Resources will
continue to file Rule 24 certificates in the form specified in the Commission's
December 20, 1991 order, as modified by the Commission's February 12, 1997
order, provided that such reports will include the following information
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1 See National Fuel Gas Company, et al., Holding Company Act Rel. No. 26666.
2 See National Fuel Gas Company, Holding Company Act Rel. No. 25437.
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("Additional Information"): (1) a brief narrative description of the direct
activities in Canada authorized by this order begun in the applicable quarter;
(2) the name and purpose of any Foreign Energy Affiliates formed, or in which
interests are acquired, during the previous quarter and any Foreign Energy
Affiliates not previously disclosed; (3) a balance sheet as of the end of the
period and a statement of income and expense for the period of each Foreign
Energy Affiliate in which the filer of the certificate owns a greater than 50%
interest, including accompanying notes or, if accounting notes are not provided
for the period, a narrative description of any losses incurred during the
period; (4) a description of the specific activities conducted by each Foreign
Energy Affiliate during the period; and (5) a statement for the period
indicating the amount of revenues attributable to the sale of each particular
Energy Commodity in Canada, expressed as a percentage of the total revenues from
the sales of Energy Commodities in Canada during the period.
Upstate Energy, as indicated, is a "gas-related company" within the meaning
of Rule 58. Upstate Energy will include the Additional Information as part of
the Form U-9C-3 report filed on its behalf by National. If that Form U-9C-3
reflects a net loss for Upstate Energy for a consecutive twelve-month period, at
the request of the Commission, a more detailed income statement and balance
sheet will be provided in a form mutually agreed to by the Commission and
Upstate Energy.
1.6 Other Reporting.
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Seneca will file a Rule 24 certificate of notification within 45 days after
the end of each calendar quarter and shall include with each certificate the
information specified in items (2) through (5) of the Additional Information. If
the income statement reflects a net loss for a consecutive twelve-month period,
at the request of the Commission, a more detailed income statement and balance
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sheet will be provided in a form mutually agreed to by the Commission and
Seneca.
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.
NATIONAL FUEL GAS COMPANY
By: /s/ Philip C. Ackerman
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Title: President
NATIONAL FUEL GAS SUPPLY CORPORATION
By: /s/ Richard Hare
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Title: President
SENECA RESOURCES CORPORATION
By: /s/ William M. Petmecky
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Title: Senior Vice President and Secretary
NATIONAL FUEL RESOURCES, INC.
By: /s/ William M. Petmecky
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Title: Secretary and Treasurer
UPSTATE ENERGY, INC.
By: /s/ William M. Petmecky
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Title: Secretary
Date: December 13, 1999
