File No. 70-9071
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D. C. 20549
__________________________________________
AMENDMENT NO. 5 TO FORM U-1 DECLARATION
UNDER
THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
____________________________________________
Cinergy Corp.
139 East Fourth Street
Cincinnati, Ohio 45202
(Name of company filing this statement
and address of principal executive office)
Cinergy Corp.
(Name of top registered holding company parent)
William L. Sheafer
Vice President and Treasurer
Cinergy Corp.
(address above)
(Name and address of agent of service)
Applicant requests that the Commission send copies of all notices, orders
and communications in connection herewith to:
Jerome A. Vennemann James R. Lance
Associate General Counsel Manager - Corporate Finance
Cinergy Corp. & Financial Risk Management
(address above) Cinergy Corp. (address above)
William T. Baker, Jr.
Reid & Priest LLP
40 West 57th Street
New York, New York 10019
The Declaration on Form U-1 in this proceeding, as previously amended, is
further amended as follows:
1. Item 1.B.5 is restated in its entirety to read as follows:
"5.Proposed Increased Authority to Invest in Exempt Entities
/File No. 70-9011
Cinergy has pending a proposal (see amended application-declaration
in File No. 70-9011; Release No. 35-26698) ("100%
Application") pursuant to which Cinergy seeks to apply the net
proceeds of certain financing transactions - consisting of those
authorized in Release Nos. 35-26486, 26477, 26215 and 26488 (to be
superseded, as to the latter three orders, upon issuance of the
Commission's order herein) - to investments in Exempt Entities,
provided that Cinergy's "aggregate investment" will not exceed 100%
of Cinergy's "consolidated retained earnings" (each as defined in
rule 53(a)(1))."
2. The following exhibits are hereby incorporated by reference:
A-4 Form of note for bank borrowings (incorporated by reference
from File No. 70-8587)
A-5 Form of commercial paper note (incorporated by reference
from File No. 70-8587)
B Form of underwriting agreement for the Additional Shares
(incorporated by reference from Registration No. 33-55713)
C Form of registration statement under the Securities Act of
1933 relating to the Additional Shares (incorporated by reference from
Registration No. 33-55713)
Applicant hereby represents that the actual bank notes, commercial paper
notes, underwriting agreement(s) and registration statements(s) to be
utilized by the Applicant in connection with the proposed transactions
shall bear little or no differences from the forms of such documents hereby
incorporated by reference.
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SIGNATURE
Pursuant to the requirements of the Act, the undersigned company has duly
caused this statement to be signed on its behalf by the undersigned
thereunto duly authorized.
Dated: January 9, 1998
CINERGY CORP.
By: /s/ William L. Sheafer
Vice President and Treasurer
