File No. 70-8733
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Amendment No. 3
to
APPLICATION OR DECLARATION
on
FORM U-1
under
The Public Utility Holding Company Act of 1935
THE SOUTHERN COMPANY SOUTHERN ELECTRIC MOBILE ENERGY SERVICES
270 Peachtree Street, INTERNATIONAL, INC. HOLDINGS, INC.
N.W. 900 Ashwood Parkway 900 Ashwood Parkway
Atlanta, Georgia 30303 Suite 500 Suite 450
Atlanta, Georgia Atlanta, Georgia 30338
30338
SOUTHERN ELECTRIC SEI HOLDINGS, INC. SEI EUROPE, INC.
WHOLESALE GENERATORS, 900 Ashwood Parkway 900 Ashwood Parkway
INC. Suite 500 Suite 500
900 Ashwood Parkway Atlanta, Georgia Atlanta, Georgia 30338
Suite 500 30338
Atlanta, Georgia 30338
SEI NEWCO 1, INC.
900 Ashwood Parkway
Suite 500
Atlanta, Georgia 30338
(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 Thomas G. Boren, President
The Southern Company Southern Electric
270 Peachtree Street, N.W. International, Inc.
Atlanta, Georgia 30303 900 Ashwood Parkway
Suite 500
Atlanta, Georgia 30338
(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 Thomas G. Boren, President
Financial Vice-President Southern Electric
The Southern Company International, Inc.
270 Peachtree Street, N.W. 900 Ashwood Parkway
Atlanta, Georgia 30303 Suite 500
Atlanta, Georgia 30338
John D. McLanahan, Esq.
Troutman Sanders LLP
600 Peachtree Street, N.E.
Suite 5200
Atlanta, Georgia 30308-2216
<PAGE>
The Application or Declaration in this proceeding, as
heretofore amended and restated by Amendment No. 2, is hereby
further amended as follows:
Item 1.6 - Relationship to Other Authorizations, is amended
by deleting the third paragraph and inserting the following in
lieu thereof:
"Southern Electric will continue to engage in those
activities currently authorized under the December 1994 Order.
However, any additional investment by Southern in Southern
Electric would be made indirectly through Holdings, as described
above. It is proposed that any Special Purpose Subsidiary may
render services and sell goods to any associate Project, Energy-
Related Company, or Intermediate Subsidiary, subject to all of
the terms, conditions and limitations of the December 1994 Order
as if the terms, conditions and limitations of such order
expressly applied to such Special Purpose Subsidiary. Without
limiting the foregoing, the applicants propose that any such
Special Purpose Subsidiary may provide services or sell goods to
any associate Project company, either directly or indirectly
through its related Intermediate Subsidiary, at fair market
prices, and therefore request an exemption pursuant to Section
13(b) from the requirements of Rules 90 and 91 as applicable to
any such transactions in any case in which any of the following
circumstances shall obtain:
1. Such Project company is an Exempt Project that derives
no part of its income, directly or indirectly, from the
generation, transmission, or distribution of electric energy
for sale within the United States;
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<PAGE>
2. Such Project company is an EWG that sells electricity
at market-based rates which have been approved by the
Federal Energy Regulatory Commission ("FERC"), provided that
the purchaser thereof is not an associate public utility
company of such Special Purpose Subsidiary within the
Southern System;
3. Such Project company is a QF that sells electricity
exclusively (a) at rates negotiated at arms'-length to one
or more industrial or commercial customers purchasing such
electricity for their own use and not for resale, and/or
(ii) to an electric utility company, other than any
associate public utility company of such Special Purpose
Subsidiary within the Southern System, at the purchaser's
"avoided cost" as determined in accordance with the
regulations under PURPA; or
4. Such Project company is an EWG or QF that sells
electricity at rates based upon its cost of service, as
approved by FERC or any state public utility commission
having jurisdiction, provided that the purchaser thereof is
not an associate public utility company of such Special
Purpose Subsidiary within the Southern System."
SIGNATURE
Pursuant to the requirements of the Public Utility Holding
Company Act of 1935, the undersigned companies have duly caused
this statement to be signed on their behalf by the undersigned
thereunto duly authorized.
Dated: February 1, 1996
THE SOUTHERN COMPANY
By: /s/Tommy Chisholm
Tommy Chisholm
Secretary
(Signatures Continued on Next Page)
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<PAGE>
MOBILE ENERGY SERVICES HOLDINGS,
INC.
By: /s/Tommy Chisholm
Tommy Chisholm
Secretary
SOUTHERN ELECTRIC INTERNATIONAL,
INC.
By: /s/Tommy Chisholm
Tommy Chisholm
Vice President and Secretary
SEI HOLDINGS, INC.
By: /s/Tommy Chisholm
Tommy Chisholm
Secretary
SOUTHERN ELECTRIC WHOLESALE
GENERATORS, INC.
By: /s/Tommy Chisholm
Tommy Chisholm
Secretary
SEI EUROPE, INC.
By: /s/Tommy Chisholm
Tommy Chisholm
Secretary
SEI NEWCO 1, INC.
By: /s/Tommy Chisholm
Tommy Chisholm
Secretary
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