File No. 70-7512
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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AMENDMENT NO. 2
TO
POST-EFFECTIVE AMENDMENT NO. 1
TO FORM U-1 APPLICATION
UNDER THE
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
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National Fuel Gas Company Data-Track Account Services, Inc.
10 Lafayette Square 10 Lafayette Square
Buffalo, New York 14203 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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Anna Marie Cellino, William M. Petmecky,
Secretary Secretary
National Fuel Gas Company Data-Track Account Services, Inc.
10 Lafayette Square 10 Lafayette Square
Buffalo, New York 14203 Buffalo, New York 14203
(Names and addresses of agents for service of process)
It is requested that the Commission send copies of all
notices, orders and communications to:
Mark D. Buri, Esq.
National Fuel Gas Company
Suite 1500
10 Lafayette Square
Buffalo, New York 14203
<PAGE>
Item 1. Description of Proposed Transaction
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The supplemental information provided in Amendment No. 1 to Post-Effective
Amendment No. 1 is deleted in its entirety and replaced with the following
supplement to this item:
At this time, the applicants do not request, and do not foresee a need
to request, authority to increase the capitalization of Data-Track in excess of
that authorized in the 1988 Order. Similarly, the applicants do not request any
expansion of Data-Track's current authority to participate in the System's money
pool pursuant to the Commission's order of March 20, 1998, HCAR 26847 (the
"Financing Order") (which order superceded the Commission's order of December
28, 1995, HCAR 26443 which order, in turn, replaced the 1991 Order). Pursuant to
the Financing Order, among other things, Data-Track and the other participants
in the System's money pool may borrow short-term funds from the money pool for
general corporate purposes. Although the Financing Order does not establish any
borrowing limits for the specific participants, the aggregate borrowings from
the money pool are limited to $750 million at any one time.
For purposes of this application, the applicants agree that, during
each fiscal year, the total number of accounts Data-Track services for System
members shall exceed the total number of accounts serviced for unaffiliated
customers (the "Limit"). The applicants, however, respectfully request that the
Commission reserve jurisdiction over Data-Track's ability to provide services to
unaffiliated customers in an amount which exceeds the Limit pursuant to the
precedent established by the Commission's Jersey Central Power & Light Company
order of March 18, 1987, HCAR 24348, future Commission precedent or otherwise.
Item 6. Exhibits and Financial Statements
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The following is hereby added:
Exhibits:
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C - Opinion of Counsel
<PAGE>
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 27, 1999
NATIONAL FUEL GAS COMPANY
By /s/ Anna Marie Cellino
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Anna Marie Cellino
Secretary
DATA-TRACK ACCOUNT
SERVICES, INC.
By /s/ William M. Petmecky
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William M. Petmecky
Secretary
Exhibit C
August 27, 1999
Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549
Re: Data-Track Account Services, Inc.
No. 70-7512
Ladies and Gentlemen:
In connection with Post-Effective Amendment No. 1 to the
Application-Declaration as amended in the above file (the "filing"), I am of the
opinion that (i) Data-Track Account Services, Inc. is validly organized and duly
existing under the laws of the State of New York and (ii) in the event the
proposed transaction is consummated in accordance with the filing and with any
Order of the Commission respecting the filing:
(a) All state laws that I deem applicable to the proposed transaction
will have been complied with; and
(b) The consummation of the proposed transaction will not violate
the legal rights of holders of securities issued by Data-Track
Account Services, Inc. or any associate company thereof.
I am admitted to practic law in the State of New York. I do not hold
myself out as an expert on the laws of any other state or offer any opinion on
such laws.
I consent to the use of this opinion as part of said filing.
Sincerely,
/s/ Mark D. Buri
Mark D. Buri
