SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
In the Matter of AMENDED CERTIFICATE
Cinergy Corp., et al. OF
File No. 70-9577 NOTIFICATION
Public Utility Holding Company Act of 1935 ("PUHCA" or "Act")
Cinergy Corp., a Delaware corporation and registered holding company
("Cinergy"), hereby submits the following information pursuant to rule 24 under
PUHCA and the Commission's order dated June 23, 2000 in the above docket, HCAR
No. 27190 (the "June 2000 Order"). This certificate reports activity in File No.
70-9577 for the calendar quarter ended September 30, 2000. Any capitalized terms
used herein but not defined herein have the respective meanings given in the
June 2000 Order.
This certificate restates and supersedes in its entirety the certificate
filed in this docket by Cinergy on November 30, 2000, which incorrectly stated
the component percentages of Cinergy's consolidated capitalization as of
September 30, 2000. As so restated and superseded, the certificate reads as
follows:
1. As determined pursuant to the June 2000 Order, the EWG/FUCO Projects Limit
is approximately $1,731.0 million. At September 30, 2000, Cinergy's
"aggregate investment" (as used in rule 53(a) under PUHCA) in all EWG/FUCO
Projects covered by the EWG/FUCO Projects Limits was approximately $752.0
million, and accordingly, at September 30, 2000, Cinergy's remaining
investment capacity under the EWG/FUCO Projects Limit was approximately
$979 million. At September 30, 2000, Cinergy's "consolidated retained
earnings" (as used in rule 53(a) under PUHCA) was approximately $1,122.5
million.
2. At September 30, 2000, consolidated debt, cumulative preferred stock, and
common equity comprised approximately 57.8%, 0.9% and 41.3%, respectively,
of Cinergy's consolidated capitalization. (For these purposes,
"consolidated debt" means all long-term debt, long-term debt due within one
year, notes payable and other short-term obligations, including any
short-term debt and non-recourse debt of EWG/FUCO Projects, to the extent
normally consolidated under applicable financial reporting rules.)
3. At September 30, 2000, Cinergy's market-to-book ratio was 190%.
4. The June 2000 Order granted no investment authority under the Restructuring
Limit. Accordingly, the reporting requirements with respect thereto imposed
under the June 2000 Order are inapplicable.
5. For the quarter ended September 30, 2000, Cinergy issued $1,770,000 in
common stock and had a net increase of $40,550,000 in notes payable and
other short-term obligations; Cinergy issued no new long term debt
securities. At September 30, 2000, Cinergy's total capitalization
(excluding retained earnings and accumulated other comprehensive income)
was approximately $2.3 billion, a net increase of $300 million over
Cinergy's total capitalization at December 31, 1999, the benchmark used in
the June 2000 Order, in which the Commission authorized Cinergy to increase
its total capitalization by $5,000,000,000. Guarantees issued by Cinergy
and outstanding at September 30, 2000 totaled $741 million, leaving
remaining Cinergy guarantee authority under the June 2000 Order of $1.259
billion. Cinergy has met the applicable terms and conditions as specified
in Section II of the June 2000 Order.
6. Pursuant to a request for confidential treatment under rule 104(b) of
PUHCA, Cinergy is concurrently filing in paper format as Exhibit A, certain
information concerning new investments for the quarter ended September 30,
2000, aggregate investment by EWG/FUCO Project, growth in retained
earnings, net income and revenues of Cinergy's EWG/FUCO Projects.
S I G N A T U R E
Pursuant to the requirements of PUHCA, the undersigned company has duly
caused this document to be signed on its behalf by the undersigned thereunto
duly authorized.
Date: December 4, 2000
CINERGY CORP.
By: /s/George Dwight, II
Senior Counsel
