Post-Effective Amendment No. 5 to
SEC File No. 70-8369
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
LLP
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
Application on Form U-1, docketed in SEC File No. 70-8369, as
follows:
A. By Order dated May 17, 1994 (HCAR No. 70-8369)
("Order"), the Commission authorized EI to acquire all of the
common stock of NCP Energy, Inc. (formerly known as North
Canadian Power Incorporated) ("NCP") and, on June 13, 1994, EI
acquired the NCP stock pursuant to the Order. NCP is currently
engaged in the business of owning interests in and operating
qualifying cogeneration facilities ("QFs") as defined in the
Public Utility Regulatory Policies Act of 1978 ("PURPA").
B. In the Order and the Commission's supplemental
order dated September 15, 1995 in this docket, the Commission
reserved jurisdiction pending completion of the record over EI's
request for an exemption from the requirements of Section 13 of
the Act with respect to the performance by EI, either directly or
indirectly through NCP and/or its affiliated subsidiaries and
partnerships (EI, NCP and such affiliates being referred to
collectively as "Initiatives"), of project management,
administrative and similar services (collectively, "Services") to
the projects in which NCP has an ownership interest ("NCP
Projects").
C. EI now requests 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 performance of Services by Initiatives at market
prices to the NCP Projects which are its associates, in any case
in which one ormore of the following circumstancesare applicable:
1<PAGE>
1. The NCP Project is an exempt wholesale generator
("EWG") which sells electricity at market based
rates which have been approved by the Federal
Energy Regulatory Commission ("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; or
2. such NCP Project 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 any 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
3. such NCP Project 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.(1)
__________________________
(1) The three conditions specified above are identical to the
conditions set forth in the Commission's Order dated June 14,
1995 in SEC File No. 70-7727 (HCAR No. 35-26307), except for the
first condition in the June 14, 1995 order which relates to the
performance of services for foreign projects. As all of the NCP
Projects are located in the United States, that condition is not
applicable to the authorization requested in, and has therefore
been omitted from, this Application.
2<PAGE>
Initiatives will provide services to NCP Projects which
are its associates that do not satisfy any of the above
circumstances at "cost" in accordance with Section 13(b) of the
Act and rules 90 and 91.
GPU and EI state that they acknowledge that the
Commission's authorization for Initiatives to provide services at
prices that are not based on cost (as determined in accordance
with rules 90 and 91) to any such NCP Project shall not be
binding upon FERC or any state public utility commission having
jurisdiction over the rates charged by any such associate NCP
Project, 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 NCP Project.
EI also states that neither it nor any associate
company will provide services to any NCP Project which, in turn,
provides such services, directly or indirectly, to any other
associate 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.
3<PAGE>
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
UNDERSIGNED THEREUNTO DULY AUTHORIZED.
GENERAL PUBLIC UTILITIES CORPORATION
By:
T. G. Howson
Vice President and Treasurer
ENERGY INITIATIVES, INC.
By:
Bruce L. Levy
President
Dated: November 2, 1995<PAGE>
