File No. 70-7512
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
------------------------------------------------------------------------------
AMENDMENT NO. 3
TO
POST-EFFECTIVE AMENDMENT NO. 1
TO FORM U-1 APPLICATION
UNDER THE
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
------------------------------------------------------------------------------
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)
------------------------------------------------------------------------------
NATIONAL FUEL GAS COMPANY
(Name of top registered holding company)
------------------------------------------------------------------------------
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 3. Applicable Statutory Provisions
- ----------------------------------------
The following is hereby added to Item 3:
Rule 54 provides that, in determining whether to approve any
transaction by a registered holding company that is unrelated to any "exempt
wholesale generator" ("EWG") or "foreign utility company" ("FUCO"), the
Commission shall not consider the effect of the capitalization or earnings of
any EWG or FUCO on the holding company system if the requirements of Rule 53(a),
(b) and (c) are met. National is currently in compliance with all requirements
of Rule 53(a). Specifically, National's "aggregate investment" (as defined in
Rule 53(a)(1)) in all EWGs and FUCOs is currently approximately $117.7 million,
or 25.4% of National's "consolidated retained earnings" (also as defined in Rule
53(a)(1)) as of June 30, 1999 ($463.7 million). National is in compliance with
and will continue to comply with the requirements of Rule 53(a)(2), (a)(3) and
(a)(4). Further, none of the conditions or circumstances described in Rule 53(b)
has occurred or is continuing. Accordingly, Rule 53(c) is by its terms
inapplicable.
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: October 4, 1999
NATIONAL FUEL GAS COMPANY
By /s/ James R. Peterson
------------------------------------
J. R. Peterson
Assistant Secretary
DATA-TRACK ACCOUNT
SERVICES, INC.
By /s/ William M. Petmecky
------------------------------------
W. M. Petmecky
Secretary
