Post-Effective Amendment No. 14 to
SEC File No. 70-7727
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM U-1
APPLICATION
UNDER
THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 ("Act")
GENERAL PUBLIC UTILITIES CORPORATION ("GPU")
100 Interpace Parkway
Parsippany, New Jersey 07054
ENERGY INITIATIVES, INC. ("EI")
One Upper Pond Road
Parsippany, New Jersey 07054
(Names of companies filing this statement and addresses
of principal executive offices)
GENERAL PUBLIC UTILITIES CORPORATION
(Name of top registered holding company parent of applicants)
T.G. Howson, Vice President Douglas E. Davidson, Esq.
and Treasurer Berlack, Israels & Liberman
M. A. Nalewako, Secretary 120 West 45th Street
GPU Service Corporation New York, New York 10036
100 Interpace Parkway
Parsippany, New Jersey 07054
B. L. Levy, President
K. A. Tomblin, Esq., Secretary
Energy Initiatives, Inc.
One Upper Pond Road
Parsippany, New Jersey 07054
(Names and addresses of agents for service)<PAGE>
GPU and EI hereby post-effectively amend their Applica-
tion on Form U-1, docketed in SEC File No. 70-7727, as follows:
1. By amending paragraph K of Post-Effective Amend-
ment No. 10 thereof to read in its entirety as follows:
K. O & M Services. In the September 12, 1994 and
December 28, 1994 Orders, the Commission reserved jurisdiction
over EI's request to perform operation and maintenance and
related project management and administrative services ("O&M
Services") as managing general partner or the operator of QFs,
EWGs or FUCOs which are "associate companies" of EI under the Act
at fair market prices, in the circumstances specified in those
orders.
GPU and EI now request that the Commission release such
reservation of jurisdiction and, pursuant to the last sentence of
Section 13(b) of the Act, exempt from the requirements of Rules
90 and 91 the provision of services by EI or the sale of goods by
EI at fair market prices pursuant to any contract or arrangement
(a "Contract") entered into by EI, in any case in which any one
or more of the following circumstances are applicable:
1. The project entity is a FUCO, or is an EWG which
derives no part of its income, directly or indirectly, from
the generation, transmission, or distribution of electric
energy for sale within the United States;
2. such project entity is an EWG which sells electric-
ity at market based rates which have been approved by FERC
or the appropriate state public utility commission, provided
that the purchaser of such electricity is not an associate
company of GPU within the GPU System;
3. such project entity is a QF that sells electricity
exclusively (i) at rates negotiated at arms' length to one
or more industrial or commercial customers purchasing such
electricity for their own use and not for resale, and/or
(ii) to an electric utility company (other than, in the case
of any such Contract hereafter entered into by EI, any
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associate company of GPU within the GPU System) at the
purchaser's "avoided cost" as determined in accordance with
FERC's regulations under PURPA; or
4. such project entity is an EWG or QF that sells
electricity at rates based upon its cost of service, as
approved by FERC or any state public utility commission
having jurisdiction, provided that the purchaser of such
electricity is not an associate company of GPU within the
GPU System.
GPU and EI acknowledge that the Commission's authoriza-
tion herein for EI to provide services or sell goods at prices
that are not based on cost (as determined in accordance with
Rules 90 and 91) to any such project entity shall not be binding
upon FERC or any state public utility commission having jurisdic-
tion over the rates charged by any such associate project entity,
and agree that they will not assert or take any position to the
contrary in any administrative or judicial proceeding involving
the determination of rates that may be charged by any such
associate project entity.
EI also agrees that it will not provide services or
sell goods to any associate project entity which, in turn,
provides such services or sells such goods, directly or indirect-
ly, to any other associate project entity which does not fall
within any of the preceding enumerated categories, except
pursuant to the requirements of the Commission's rules and
regulations under Section 13(b) or an exemption therefrom
obtained in a separate filing.
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SIGNATURE
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 UNDER-
SIGNED THEREUNTO DULY AUTHORIZED.
GENERAL PUBLIC UTILITIES CORPORATION
By: _______________________________
T.G. Howson
Vice President and Treasurer
ENERGY INITIATIVES, INC.
By:______________________________
B. L. Levy, President
Date: April 21, 1995<PAGE>