SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
FORM U-57
NOTIFICATION OF FOREIGN UTILITY COMPANY STATUS
Filed under section 33(a) of the
Public Utility Holding Company Act of 1935, as amended
Tsavo Power Company Limited
(Name of foreign utility company)
Cinergy Corp.
(Name of filing company, if filed on behalf of a foreign utility company)
The Commission is requested to mail copies of all communications relating
to this Notification to:
David L. Wozny, Vice President George Dwight II
Tish Bright, Analyst Senior Counsel
Cinergy Global Resources, Inc. Cinergy Corp.
139 East Fourth Street 139 East Fourth Street,
Suite 710, Clopay Tower 25AT2
Cincinnati, Ohio 45202 Cincinnati, Ohio 45202
Cinergy Corp. ("Cinergy"), a Delaware corporation and a registered
holding company under the Public Utility Holding Company Act of 1935, as
amended (the "Act"), hereby notifies the Commission on behalf of Tsavo
Power Company Limited, a company organized under the laws of Kenya, that
Tsavo Power Company Limited is, and claims status as, a foreign utility
company within the meaning of Section 33 of the Act.
Item 1. Name of entity claiming foreign utility company status, its
business address, and a description of the facilities used for the
generation, transmission and distribution of electric energy for sale or
for the distribution at retail of natural or manufactured gas.
Identification, to the extent known, of each person holding 5% or more of
any class of voting securities of the foreign utility company and
description of the amount and nature of the interest.
The name of the company on whose behalf foreign utility company status
is claimed is Tsavo Power Company Limited ("TPC"), a company incorporated
under the laws of Kenya and whose business address is 9th Floor, IPS
Building, Kimathi Street, P O Box 30500, Nairobi, Kenya.
TPC is constructing and will operate a 74 megawatt heavy fuel
oil-fired diesel engine power plant known as Kipevu II which is located at
Makupa Creek in Mombasa, Kenya. Kipevu II will supply electricity to
Kenya's transmission and distribution company, The Kenya Power and Lighting
Company Limited ("KPLC"), a company incorporated in Kenya.
TPC has an authorized share capital of 16,900,000 Kenya Shillings
comprising (i) 400 unissued redeemable preference shares with a par value
per share of 1,000 Kenya Shillings each; and (ii) 15,890,000 ordinary
shares with a par value per share of 1 Kenya Shilling, of which all are
issued. CDC Financial Services (Mauritius) Limited, Tsavo Power
International Limited, Wartsila Power Kenya Investments LLC, International
Finance Corporation and IPS-Cinergy Power Limited ("IPS-Cinergy") own
4,950,000, 2,491,420, 80,215,000 and 8,233,500 ordinary shares respectively
of the shares in issue, representing 31.15%, 15.68%, .01%, 1.35% and 51.81%
respectively of the issued share capital of TPC.
Cinergy's interest in TPC arises through its shareholding in
IPS-Cinergy. Cinergy Global Tsavo Power, a company incorporated in the
Cayman Islands and an indirect wholly-owned subsidiary of Cinergy, is the
legal and beneficial owner of 2,585,930 ordinary shares in IPS-Cinergy
effective 4 May 2000 (i.e. 48.2% of the issued share capital of
IPS-Cinergy). IPS Power Investment Limited, a company incorporated in
Kenya, owns 2,779,070 of the shares in issue, representing 51.8% of the
issued share capital of IPS-Cinergy.
Save for those persons referred to above, Cinergy is not aware of any
other person(s) holding directly or indirectly five percent (5%) or more of
any class of voting securities of TPC.
Item 2. Name of any domestic associate public utility company and, if
applicable, its holding company, and description of the relationship
between the foreign utility company and such company, and the purchase
price paid by any domestic associate public utility company for its
interest in the foreign utility company.
The following domestic public utility companies, each of which is a
direct or indirect wholly-owned subsidiary of Cinergy, are associate
companies of TPC: The Cincinnati Gas & Electric Company ("CG&E"), PSI
Energy, Inc. The Union Light, Heat and Power Company ("Union"),
Lawrenceburg Gas Company ("Lawrenceburg"), The West Harrison Gas and
Electric Company ("West Harrison") and Miami Power Corporation ("Miami").
Union, Lawrenceburg, West Harrison and Miami are all direct wholly-owned
subsidiaries of CG&E.
None of the foregoing domestic public utility companies has made an
investment in or has any contractual relationship with TPC, nor is any such
investment or contractual relationship contemplated.
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SIGNATURE
The undersigned company has duly caused this statement to be signed
on its behalf by the undersigned thereunto duly authorized as of the date
indicated below:
CINERGY CORP.
By: /s/Andrew M. Turk
Vice President and Treasurer
Dated: August 14, 2000
