File No. 70-8421
SECURITIES AND EXCHANGE COMMISSION
Washington, D. C 20549
Amendment No. 6
(Post-Effective Amendment No. 4)
FORM U-1
APPLICATION OR DECLARATION
under
The Public Utility Holding Company Act of 1935
THE SOUTHERN COMPANY
64 Perimeter Center East
Atlanta, Georgia 30346
(Name of company or companies filing this statement
and addresses of principal executive offices)
THE SOUTHERN COMPANY
(Name of top registered holding company parent
of each applicant or declarant)
Tommy Chisholm, Secretary
The Southern Company
64 Perimeter Center East
Atlanta, Georgia 30346
(Names and addresses of agents for service)
The Commission is requested to mail signed copies of all
orders, notices and communications to:
W. L. Westbrook John D. McLanahan, Esq.
Financial Vice President Troutman Sanders LLP
The Southern Company 600 Peachtree Street, N.E.
64 Perimeter Center East Suite 5200
Atlanta, Georgia 30346 Atlanta, Georgia 30308-2216
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INFORMATION REQUIRED
Post-Effective Amendment No. 1 (Amendment No. 3) to the
Application or Declaration heretofore filed in this proceeding,
as previously amended by Post-Effective Amendment Nos. 2 and 3
(Amendment Nos. 4 and 5), is hereby further amended as follows:
1. The third paragraph of Item 1.2, Proposed
Modifications to 1994 Order, is amended and restated in its
entirety to read as follows:
"Second, Southern requests authority to make direct or
indirect investments in Project Parents in an aggregate amount
which, when added to Southern's "aggregate investment" in all
EWGs, FUCOs, and Project Parents, does not exceed, at any point
in time, 50% of Southern's "consolidated retained earnings" (the
"Rule 53 Limitation"). Southern's "aggregate investment" and
"consolidated retained earnings" shall be determined in
accordance with Rule 53(a). The current Rule 53 Limitation,
which is based on Southern's "consolidated retained earnings" for
the four quarters ended March 31, 1995, and "aggregate
investment" through July 24, 1995, is approximately $903.9
million, as shown in Item 1.3, below. In any case in which an
investment by Southern in a Project Parent takes the form of a
guaranty by Southern of a security of a Project Parent that is
denominated in a currency other than U.S. dollars, the amount of
such guaranty, for purposes of determining Southern's "aggregate
investment," would be determined by converting the stated or face
amount of the underlying security into U.S. dollars at currency
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exchange rates in effect at the time such guaranty is issued by
Southern."
2. The second paragraph of Item 1.3, Compliance with
Rule 53, is amended and restated in its entirety to read as
follows:
"Rule 53(a)(1): At July 24, 1995, Southern had
invested, directly or indirectly, an aggregate of $668.1 million
in EWGs and FUCOs, inclusive of indirect investments through
Project Parents.1 The average of the consolidated retained
earnings of Southern reported on Form 10-K or Form 10-Q, as
applicable, for the four consecutive quarters ended March 31,
1995, is $3.144 billion. Accordingly, based on Southern's
"consolidated retained earnings" at March 31, 1995, the current
Rule 53 Limitation is about $903.9 million, calculated as
follows: 50% of "consolidated retained earnings" ($1.572 billion)
less "aggregate investment" at July 24, 1995 ($668.1 million)
equals $903.9 million."
3. Item 2, Fees, Commissions and Expenses, is amended
and restated to read as follows:
"The additional fees, commissions and expenses paid or
to be incurred in connection with this Post-Effective Amendment
are estimated not to exceed $4,500, which includes the
1 These investments are in the securities of EWGs operating
or constructing facilities in Hawaii, Virginia and Trinidad and
Tobago, and FUCOs operating facilities and utility systems in
Chile, Argentina, The Bahamas, and England.
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Commission's filing fee and the estimated fees of counsel for the
applicant."
SIGNATURE
Pursuant to the requirements of the Public Utility
Holding Company Act of 1935, the undersigned company has duly
caused this statement to be signed on its behalf by the
undersigned thereunto duly authorized.
Dated: July 25, 1995 THE SOUTHERN COMPANY
By:/s/Tommy Chisholm
Tommy Chisholm, Secretary
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