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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM U-57
NOTIFICATION OF FOREIGN UTILITY COMPANY STATUS
Filed under Section 33(a) of the
Public Utility Holding Company Act of 1935, as amended
IES Brazil Inc.
200 First Street S.E.
Cedar Rapids, Iowa 52401
(Name of foreign utility company)
IES Industries Inc.
(Name of filing company if filed on behalf
of a foreign utility company)
The Commission is requested to mail copies of all
communications relating to this Notification to:
Stephen W. Southwick
Vice President, General Counsel & Secretary
IES Industries Inc.
200 First Street S.E.
Cedar Rapids, Iowa 52401
M. Douglas Dunn
Milbank, Tweed, Hadley & McCloy
1 Chase Manhattan Plaza
New York, New York 10005-1413
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IES Industries Inc. ("IES"), an Iowa corporation, acting on
behalf of IES Brazil Inc. ("IES Brazil"), an Iowa corporation and a subsidiary
of IES, hereby notifies the Securities and Exchange Commission (the
"Commission") that IES Brazil is, and hereby claims status as, a foreign
utility company ("FUCO") within the meaning of Section 33 of the Public Utility
Holding Company Act of 1935, as amended.
ITEM 1. NAME, BUSINESS, ADDRESS, FACILITIES AND OWNERSHIP.
The name and business address of the company claiming
FUCO status is IES Brazil Inc. 200 First Street S.E., Cedar Rapids, Iowa 52401.
IES Brazil is participating in two bids through a joint
venture for two units of Companhia Estadual de Energia Eletrica ("CEEE"), which
generates and distributes electricity throughout the state of Rio Grande do Sul
in Brazil. CEEE is being split into CEEE Central/West ("Central/West") and
CEEE North/Northeast ("North/Northeast") as part of the privatization and
distribution of certain of the assets of CEEE by the state of Rio Grande do
Sul. IES Brazil will participate in two separate consortia, one of which will
bid for the common stock of Central/West and the other for the common stock of
North/Northeast. Pursuant to Brazilian law, IES Brazil may only win one of the
bids and acquire an interest in one of the companies. The exact percentage of
IES Brazil's interest in each consortium will not be known until the submission
of the bids.
If one of the IES Brazil bids is successful, IES Brazil will
do business only through its ownership of the common stock of the Brazilian
company or other property in Brazil in which it acquires an interest. It will
own or operate facilities that are not located in any State in the United States
of America (the "United States") and that are used for the generation,
transmission, or distribution of electric energy and will derive no part of its
income from the generation, transmission, or distribution of electric energy for
sale within the United States.
ITEM 2. DOMESTIC ASSOCIATE PUBLIC UTILITY COMPANIES OF IES BRAZIL AND
THEIR RELATIONSHIP TO IES BRAZIL.
IES Brazil is a wholly-owned subsidiary of IES International
Inc. ("International"), an Iowa corporation and a holding company for certain of
the international non-utility subsidiaries of IES. International is a
wholly-owned subsidiary of IES Diversified Inc. ("Diversified"), an Iowa
corporation which serves as the holding company for substantially all of the
non-utility business of IES. Diversified, an Iowa corporation, is a
wholly-owned subsidiary of IES.
IES Utilities Inc. ("Utilities"), an Iowa corporation engaged
primarily in providing electric energy, natural gas and, to a limited extent,
steam used for heating and industrial purposes, is a public utility associate
company of IES Brazil. IES owns all of the issued and outstanding shares of
common stock of Utilities. At present, apart from its affiliation to IES,
Utilities has no relationship with IES Brazil. If one of the IES Brazil bids is
successful, Utilities may perform services for IES Brazil and its subsidiaries
in accordance with the rules and regulations, if applicable, of the Iowa
Utilities Board (the "IUB") and the Commission. If Interstate Services, Inc.
("Services") is formed as described in the Form U-1 in File No. 70-8891 of the
Commission, Services may also perform services for IES Brazil and its
subsidiaries in accordance with the rules
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and regulations, if applicable, of the IUB and the Commission.
EXHIBIT A: STATE CERTIFICATION.
Attached as Exhibit A is a letter from the IUB dated October 10, 1997,
certifying that it has the authority and resources to protect ratepayers subject
to its jurisdiction with respect to the potential acquisitions of Central/West
or North/Northeast by IES Brazil and that it intends to exercise its authority.
The IUB is the only state commission that has retail rate jurisdiction over IES.
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SIGNATURE
The undersigned company has duly caused this statement to be
signed on its behalf by the undersigned thereunto duly authorized.
IES Industries Inc.
By: /s/ Stephen W. Southwick
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Stephen W. Southwick
Vice President, General Counsel
& Secretary
Date: October 20, 1997
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[IOWA UTILITIES BOARD LETTERHEAD]
October 10, 1997
Securities and Exchange Commission
450 Fifth Street N. W.
Washington, D.C. 20549
Dear Commission Members:
The Iowa Utilities Board has been advised IES Industries Inc. (IES), either
itself or through a subsidiary or other entity in which IES holds an ownership
interest, has or may obtain an interest in distribution, cogeneration, and
substation facilities in Brazil. This letter is submitted pursuant to the
requirements of Section 33(a)(2) of the Public Utility Act of 1935, as amended
(the Act).
The Iowa Utilities Board hereby certifies that it has the authority and
resources to protect ratepayers subject to its jurisdiction with respect to
this acquisition, and that it intends to exercise its authority.
The Iowa Utilities Board has jurisdiction over the retail electric and gas
rates of IES Utilities Inc., which is a public utility company as such term is
defined in the Act. IES Utilities Inc. is a subsidiary of IES.
Sincerely,
Allan T. Thoms
Chairperson
Iowa Utilities Board
/gds
