File No. 70-8879
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
AMENDMENT NO. 4
TO
FORM U-1
APPLICATION-DECLARATION WITH RESPECT TO
THE FORMATION OF A JOINT VENTURE
UNDER
THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
EUA COGENEX CORPORATION
EUA COGENEX-CANADA, INC.
P.O. Box 2333, BOSTON, MASSACHUSETTS 02107
(Name of companies filing this statement
and address of principal executive offices)
EASTERN UTILITIES ASSOCIATES
(Name of top registered holding company parents of
applicants or declarants)
CLIFFORD J. HEBERT, JR., TREASURER
EASTERN UTILITIES ASSOCIATES
P.O. Box 2333, BOSTON, MASSACHUSETTS 02107
(Name and address of agents for service)
The Commission is requested to mail signed copies
of all orders, notices and communications to:
ARTHUR I. ANDERSON, P.C.
McDermott, Will & Emery
75 State Street
Boston, MA 02109
ITEM 5. PROCEDURE.
Item 5 is hereby amended and restated in its entirety as follows:
(a) In order to be in a position to carry out the proposed
transactions at the most advantageous time, the Applicants request that the
Commission issue its order hereon on the earliest practical date.
(b) It is not considered necessary that there be a recommended
decision by a hearing officer or by any other responsible officer of the
Commission. The Office of Public Utility Regulation may assist in the
preparation of the decision of the Commission, and it is believed that a
thirty (30) day waiting period between the issuance of the order of the
Commission and the day on which the order is to become effective would not
be appropriate.
(c) The Applicants propose that the JV ESCO file reports with the
Commission pursuant to Rule 24 on a quarterly basis, beginning the first
calendar quarter after this application-declaration is granted and
permitted to become effective, on the following schedule: The quarterly
report for the first calendar quarter of each year will be filed on or
before August 15 of such year; the quarterly report for the second calendar
quarter of each year will be filed on or before November 15 of such year;
the quarterly report for the third calendar quarter of each year will be
filed on or before February 15 of the immediately succeeding calendar year;
and the quarterly report for the final calendar quarter of each year will
be filed on or before May 1 of the immediately succeeding calendar year.
Each such quarterly report will include the JV ESCO's consolidated balance
sheets, statements of income and statements of cash flows. In addition,
the JV ESCO shall file annual reports with the Commission along with the
final quarter report. Such report will be filed on the modified form U-13-
60 and shall include:
A statement of estimated kilowatts saved during the past year and
cumulatively through demand-side management projects and according to the
utility sponsor (utilities which sponsor programs on behalf of their
customers).
A schedule of terminated and/or cancelled contracts, their value,
the amount of loss to the JV ESCO, and the reasons for the termination.
A schedule of actual accounts receivable written off the books of
the JV ESCO (i.e., bad debt expense).
An aging of accounts receivable for account 143 - Accounts
Receivable and account 146 - Accounts Receivable from Associate Companies.
A schedule of any projects over $100,000 broken down by demand-
side management and energy management services, including the investment
and, based on the contract, the estimated future total project value (net
realizable value).
SIGNATURE
Pursuant to the requirements of the Public Utility Holding Company Act
of 1935, the undersigned Applicants have duly caused this statement to be
signed on their behalf by the undersigned duly authorized individuals.
EUA COGENEX CORPORATION
EUA COGENEX-CANADA, INC.
By: /s/Edward T. Liston
Edward T. Liston
Their President
Dated: July 15, 1997
