File No. 70-8507
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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POST-EFFECTIVE AMENDMENT NO. 12
TO FORM U-1
APPLICATION AND DECLARATION
UNDER THE
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
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NORTHEAST UTILITIES
NORTHEAST UTILITIES SERVICE COMPANY
174 Brush Hill Avenue
West Springfield, Massachusetts 01089
CHARTER OAK ENERGY, INC.
COE DEVELOPMENT CORPORATION
107 Selden Street
Berlin, CT 06037-1616
(Name of company filing this statement and
address of principal executive offices)
NORTHEAST UTILITIES
(Name of top registered holding
company parent of each applicant or declarant)
Jeffrey C. Miller, Esq.
Assistant General Counsel
NORTHEAST UTILITIES SERVICE COMPANY
P.O. Box 270
Hartford, Connecticut 06141-0270
(Name and address of agent for service)
The Commission is requested to mail copies of
all orders, notices and communications to:
Mark Malaspina, Esq. William S. Lamb, Esq.
Charter Oak Energy, Inc. LeBoeuf, Lamb, Greene & MacRae L.L.P.
P.O. Box 270 125 W. 55th Street
Berlin, CT 06141-0270 New York, New York 10019-4513
This Post-Effective Amendment No. 12 to the Application and Declaration on
Form U-1 (File No. 70-8507) (the "Application") of Northeast Utilities ("NU"),
Northeast Utilities Service Company, Charter Oak Energy, Inc. ("Charter Oak")
and COE Development Corporation is filed for the purpose of amending and
restating Item 1.B.4 of the Application as follows in order to complete
the record and request that the Securities and Exchange Commission's (the
"Commission") reservation of jurisdiction with respect to this requested
authorization be removed:
4. Authorization to Provide Services to Unaffiliated Entities
On December 30, 1997, the Commission issued an order (HCAR No. 26810) (the
"December Order") authorizing the Applicants to continue to invest in, and
finance the acquisition of, Exempt Projects and Intermediate Companies that hold
the securities of Exempt Projects, subject to certain limitations and for
Charter Oak and its subsidiaries to pay dividends to their respective parent
companies out of capital or unearned surplus. As discussed in the Order, NU
system personnel currently provide certain services to Intermediate Companies
and Exempt Projects, provided that no more than 1% of total NU system personnel
and no more than 2% of Service Company Employees may provide such services at
any one time. The authorized services that may be rendered include management,
administrative, legal, tax, financing advice, accounting, engineering,
consulting, language skills and software, provided that software may not involve
proprietary software of NU service company. The Order also indicates that NU
intends to sells its interest in Charter Oak and Charter Oak's subsidiaries to
unaffiliated third parties. To ensure a smooth transition upon the sale of
Charter Oak or any of its subsidiaries, NU system personnel may need to continue
to provide services they are now providing or authorized to provide to Exempt
Projects or Intermediate Companies after the NU system interests in those
entities have been sold and they are no longer affiliated with the NU system. In
the December Order, the Commission reserved jurisdiction over such request
pending completion of the record.
The Applicants hereby request that the Commission release jurisdiction over
authorization for Service Company Employees to provide services to unaffiliated
EWGs, FUCOs and holding companies over EWGs and FUCOs that were once part of the
NU system through Charter Oak for a period of 3 years after such entities have
been sold to an unaffiliated entity, provided that the total number of Service
Company Employees engaged in rendering such services may not exceed, in the
aggregate, 1% of the total NU holding company system's employees and no more
than 2% of the total of Service Company Employees at any one time. The services
to be provided will be limited to the same services currently authorized, as
listed above. This request for authorization involves Service Company Employees
providing the same services to the same entities they current have authorization
to provide such services to. Service Company Employees will not provide any such
services to entities that were not previously owned directly or indirectly by
Charter Oak, nor will they provide services in addition to those listed above,
without additional Commission authorization.
PROCEDURE
A notice of the filing of the initial Application was issued by the
Commission on November 18, 1997 (HCAR No. 26777) and no request for hearing was
received. The Applicants hereby respectfully request that the Commission enter
as soon as possible, but no later than February 13, 1998 an appropriate order
releasing jurisdiction over the service request and granting and permitting this
Application to become effective with respect to all such matters.
SIGNATURE
Pursuant to the requirements of the Public Utility Holding Company Act of
1935, the undersigned companies have duly caused this Amendment to be signed on
their behalf by the undersigned thereunto duly authorized.
NORTHEAST UTILITIES
NORTHEAST UTILITIES SERVICE COMPANY
CHARTER OAK ENERGY, INC.
COE DEVELOPMENT CORPORATION
By: /s/ William S. Lamb
William S. Lamb
LeBoeuf, Lamb, Greene & MacRae L.L.P.
A Limited Liability Partnership
Including Professional Corporations
125 W. 55th Street
New York, NY 10019-4513
Attorney for Northeast Utilities,
Northeast Utilities Service
Company, Charter Oak Energy, Inc.
and COE Development Corporation
Date: February 5, 1998
