File No. 70-8617
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE AMENDMENT NO. 1
to
FORM U-1
APPLICATION-DECLARATION WITH RESPECT TO
PARTICIPATION BY
EUA ENERGY INVESTMENT CORPORATION
IN A JOINT VENTURE TO DEVELOP AND COMMERCIALIZE
A BIOMASS-FIRED COMBUSTION TURBINE POWER GENERATION FACILITY
UNDER
THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
EUA ENERGY INVESTMENT CORPORATION
P.O. Box 2333, Boston, Massachusetts 02107
(Name of companies filing this statement
and address of principal executive office)
EASTERN UTILITIES ASSOCIATES
(Name of top registered holding company
parent of applicant or declarant)
CLIFFORD J. HEBERT, JR., TREASURER
EASTERN UTILITIES ASSOCIATES
P.O. Box 2333, Boston, Massachusetts 02107
(Name and address of agent for service)
The Commission is requested to mail signed copies
of all orders, notices and communications to:
ARTHUR I. ANDERSON, P.C.
McDermott, Will & Emery
75 State Street
Boston, Massachusetts 02109
This Post-Effective Amendment No. 1 to the Application-Declaration on Form
U-1 filed April 27, 1995, as amended by Amendment No. 1 dated May 17, 1995,
Amendment No. 2 dated June 19, 1995 and Amendment No. 3 dated June 21,
1995, hereby amends said Application-Declaration as follows:
1. Paragraph II.F of Item 1 is hereby amended to incorporate EEIC's
request to increase the amount of the working capital line of credit which
EEIC is authorized through December 31, 1998 to provide to the BIOTEN
Partnership, pursuant to the Commission's Order dated June 21, 1995, from
"up to $3,000,000" to "up to $6,000,000," such additional amounts to be
provided upon the terms and conditions described in the Application-
Declaration.
The reason for EEIC's request for additional funding authorization is
that the partners of the BIOTEN Partnership have determined that additional
funding is needed for working capital purposes due to unavoidable technical
delays in developing the prototype plant. The partners of the BIOTEN
Partnership anticipate that the prototype plant will be ready to undergo
acceptance testing during the month of November 1996. To date, the BIOTEN
Partnership has received indications of interest in the prototype plant
from several potential purchasers, and EEIC believes that the long-term
profitability of its investment in the BIOTEN Partnership will not be
adversely affected by its providing the increased funding requested
hereunder to the BIOTEN Partnership.
2. Fees, Commissions, and Expenses. The fees, commissions and expenses
of the Applicant expected to be paid or incurred, directly or indirectly,
in connection with the Applicant's request to provide additional working
capital to the BIOTEN Partnership are estimated as follows:
Legal Fees $2,000
TOTAL $2,000
3. Applicable Statutory Provisions. The sections of the Act and rules or
exemptions thereunder that the Applicant considers applicable to this
request to provide additional working capital to the BIOTEN Partnership are
set forth below:
Capital contributions, loans and Section 12(b); Rule 45(a).
open account advances by EEIC to
the BIOTEN Partnership.
4. Exhibits and Financial Statements. The following new exhibit is
hereby added to Item 6:
Exhibit H-1 Proposed Form of Notice (filed
herewith)
SIGNATURE
Pursuant to the requirements of the Public Utility Holding Company Act
of 1935, the undersigned Applicant has duly caused this statement to be
signed on its behalf by the undersigned duly authorized individual.
EUA ENERGY INVESTMENT CORPORATION
By: /s/ Clifford J. Hebert, Jr.
Clifford J. Hebert, Jr.
Treasurer
Dated: October 4, 1996
Exhibit H-1
(PROPOSED FORM OF NOTICE)
SECURITIES AND EXCHANGE COMMISSION
(Release No. 35 - , 70 - 8617)
EUA Energy Investment Corporation ("EEIC"), a wholly-owned subsidiary
of Eastern Utilities Associates, a registered holding company, has filed a
post-effective amendment to its application-declaration with this
Commission pursuant to Section 12(b) of the Public Utility Holding Company
Act of 1935 (the "Act") and Rule 45(a) promulgated thereunder.
EEIC seeks Commission approval to increase the amount of the working
capital line of credit which EEIC is authorized to provide to the BIOTEN
Partnership, through December 31, 1998, from "up to $3,000,000" to "up to
$6,000,000," such additional amounts to be provided upon the terms and
conditions described in the Application-Declaration.
NOTICE IS FURTHER GIVEN that any interested person may, not later than
October __, 1996, request in writing that a hearing be held on such matter,
stating the nature of his interest, the reasons for such request, and the
issues of fact or law raised by said application/declaration which he
desires to controvert; or he may request that he be notified if the
Commission should order a hearing thereon. Any such request should be
addressed: Secretary, Securities and Exchange Commission, 450 5th Street,
N.W., Judiciary Plaza, Washington, D.C. 20549. A copy of such request
should be served personally or by mail upon the applicant/declarant at the
above-stated address and proof of service (by affidavit or, in case of an
attorney at law, by certificate) should be filed with the request. At any
time after said date the application/declaration, as filed or as it may be
amended, may be granted and permitted to become effective as provided in
Rule 23 of the General Rules and Regulations promulgated under the Act, or
the Commission may grant exemption from such rules as provided in Rules
20(a) and 100 thereof or take such other action as it may deem appropriate.
Persons who request a hearing or advice as to whether a hearing is ordered
will receive any notices and orders issued in this matter, including the
date of the hearing (if ordered) and any postponements thereof.
For the Commission, by the Division of Corporate Regulation, pursuant
to delegated authority.
Secretary
