File No. 70-9343
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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POST-EFFECTIVE AMENDMENT NO. 5
TO
FORM U-1
(AMENDMENT NO. 7)
APPLICATION/DECLARATION
UNDER
THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
NORTHEAST UTILITIES
174 Brush Hill Avenue
West Springfield, Massachusetts 01090-0010
NORTHEAST UTILITIES SERVICE COMPANY
NU ENTERPRISES, INC.
107 Selden Street
Berlin, Connecticut 06037
(Name of companies filing this statement
and address of principal executive offices)
NORTHEAST UTILITIES
(Name of top registered holding company)
Gregory B. Butler, Esq.
Vice President, Secretary and General Counsel
Northeast Utilities Service Company
P.O. Box 270
Hartford, Connecticut 06141-0270
(Name of address of agent for service)
The Commission is requested to mail signed copies of all
orders, notices and communications to:
David R. McHale Jeffrey C. Miller, Esq.
Vice President and Treasurer Assistant General Counsel
Northeast Utilities Northeast Utilities
Service Company Service Company
P. O. Box 270 P. O. Box 270
Hartford, Connecticut Hartford, Connecticut
06141-0270 06141-0270
BACKGROUND
1. By Order dated November 12, 1998 (HCAR No. 35-26939)
in this File No. 70-9343, the Commission authorized, among
other things, (i) the formation and financing by Northeast
Utilities ("NU") of a nonutility subsidiary holding company
(which is referred to therein as "Newco" but which is now
known as NU Enterprises, Inc. ("NUEI")) which will engage,
through multiple subsidiaries, in a variety of energy
related and other activities and (ii) the acquisition by
NUEI of the securities of GENCO (now known as Northeast
Generation Company), Northeast Generation Services, Inc.
(now known as Northeast Generation Services Company), HEC
Inc. (now known as Select Energy Services, Inc.), Mode 1
Communications, Inc. and Select Energy, Inc. The
Commission, through subsequent orders in this file, also
authorized NU and NUEI to issue guarantees or provide other
forms of credit support or enhancements (collectively,
"Guarantees") to or for the benefit of NUEI, NUEI's
nonutility subsidiaries, and NU's other to-be-formed direct
or indirect energy-related companies, as defined in rule 58
under the Act, in an aggregate amount not to exceed $500
million (the "Guarantee Limit"), at any one time, through
December 31, 2002. See, Order dated May 19, 1999 (HCAR No.
35-27029) and Order dated October 21, 1999 (HCAR No. 35-
27093). In Post-effective Amendment No. 4 (Amendment No. 6)
to this Application filed November 14, 2002, NU and NUEI had
sought to increase the Guarantee Limit to $750 million and
to extend the date through which the Guarantees may be
provided through September 30, 2005. NU and NUEI now seek
to revise that request to maintain the Guarantee Limit at
$500 million and request an extension of the date through
which the Guarantees may be provided through September 30,
2003.
2. This post-effective amendment to the Application is
filed to obtain authorization for the extension of the
Guarantee period as described above.
AMENDMENT TO THE APPLICATION
To reflect the foregoing, the Application/Declaration in
this proceeding, as previously amended, is further amended
as follows:
3. The first sentence of Paragraph 8 is deleted and
replaced with the following:
"NU and NUEI also propose to issue guarantees or provide
other forms of credit support or enhancements (collectively,
"Guarantees") to or for the benefit of NUEI, the Nonutility
Subsidiaries and NU's other direct and indirect Rule 58
subsidiaries to be formed by NU, NUEI or the Nonutility
Subsidiaries (the "Guaranteed Entities") in an aggregate
amount not to exceed $500 million ("Aggregate
Authorization"), through September 30, 2003."
ITEM 5. PROCEDURE
4. The Applicants respectfully request the Commission's
approval, pursuant to this Application, as amended, of all
transactions described herein. The current period during
which Guarantees may be issued expires December 31, 2002,
accordingly, the Applicants further request that the
Commission issue an order authorizing the transactions
proposed herein at the earliest practicable date, but in any
event no later than December 31, 2002. The Applicants
hereby waive any recommended decision by a hearing officer
or by any other responsible officer of the Commission and
waive the 30-day waiting period between issuance of the
Commission's order and the date on which it is to become
effective, since it is desired that the Commission's order,
when issued, become effective immediately. The Applicants
consent that the office of Public Utility Regulation within
the Division of Investment Management may assist in the
preparation of the Commission's decision and/or order.
ITEM 6. EXHIBITS AND FINANCIAL STATEMENTS
(a) Exhibits
H.4 Proposed Form of Notice
(b) Financial Statements
The pro-forma effect on NU's financial statements of
the proposed amendments extending the period in which
Guarantees may be issued by NU and NUEI is not material and
therefore no new financial statements are filed.
[SIGNATURE PAGE TO FOLLOW]
SIGNATURES
Pursuant to the requirements of the Public Utility
Holding Company Act of 1935, as amended, the undersigned
have duly caused this Amendment to be signed on behalf of
each of them by the undersigned thereunto duly authorized.
Date: November 15, 2002
NORTHEAST UTILITIES
NORTHEAST UTILITIES SERVICE COMPANY
NU ENTERPRISES, INC.
By: /s/ David R. McHale
David R. McHale
Vice President and Treasurer