-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, WhmE/DpscJd07fGSz9CCT4BlTYj0FFyY7LsYWVeqFkB9rbVXiE8QgYZmsAPqpHfa 2OM6L9nn6ueB+nJqyxRqoA== 0000950120-03-000437.txt : 20030711 0000950120-03-000437.hdr.sgml : 20030711 20030711125913 ACCESSION NUMBER: 0000950120-03-000437 CONFORMED SUBMISSION TYPE: POS AMC PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20030711 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AMEREN CORP CENTRAL INDEX KEY: 0001002910 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 431723446 STATE OF INCORPORATION: MO FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: POS AMC SEC ACT: 1935 Act SEC FILE NUMBER: 070-10106 FILM NUMBER: 03783303 BUSINESS ADDRESS: STREET 1: 1901 CHOUTEAU AVE STREET 2: MC 1370 CITY: ST LOUIS STATE: MO ZIP: 63166-6149 BUSINESS PHONE: 431723446 MAIL ADDRESS: STREET 1: 1901 CHOUTEAU AVE STREET 2: MC 1370 CITY: ST LOUIS STATE: MO ZIP: 63103 POS AMC 1 ameposamc.txt POST EFFECTIVE AMEND NO. 1 (AMEND. NO.2) (As filed on July 11, 2003) File No. 70-10106 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS AMC POST-EFFECTIVE AMENDMENT NO. 1 (Amendment No. 2) TO FORM U-1 APPLICATION OR DECLARATION UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 AMEREN CORPORATION UNION ELECTRIC COMPANY AMEREN SERVICES COMPANY AMEREN ENERGY, INC. AMEREN DEVELOPMENT COMPANY AMEREN ERC, INC. AMEREN ENERGY COMMUNICATIONS, INC. AMEREN ENERGY RESOURCES COMPANY AMEREN ENERGY DEVELOPMENT COMPANY AMEREN ENERGY GENERATING COMPANY AMEREN ENERGY MARKETING COMPANY AMEREN ENERGY FUELS AND SERVICES COMPANY ILLINOIS MATERIALS SUPPLY CO. UNION ELECTRIC DEVELOPMENT CORPORATION AFS DEVELOPMENT COMPANY, LLC 1901 Chouteau Avenue St. Louis, Missouri 63103 CENTRAL ILLINOIS PUBLIC SERVICE COMPANY CIPSCO INVESTMENT COMPANY 607 East Adams Street Springfield, Illinois 62739 CILCORP INC. CENTRAL ILLINOIS LIGHT COMPANY AMERENENERGY RESOURCES GENERATING COMPANY (F/K/A CENTRAL ILLINOIS GENERATION, INC.) CILCORP INVESTMENT MANAGEMENT INC. CILCORP VENTURES INC. CILCORP ENERGY SERVICES INC. QST ENTERPRISES INC. CILCO EXPLORATION AND DEVELOPMENT COMPANY CILCO ENERGY CORPORATION 300 Liberty Street Peoria, Illinois 61602 AMERENENERGY MEDINA VALLEY COGEN (NO. 4), L.L.C. AMERENENERGY MEDINA VALLEY COGEN (NO. 2), L.L.C. AMERENENERGY MEDINA VALLEY COGEN, L.L.C. AMERENENERGY MEDINA VALLEY OPERATIONS, L.L.C. P.O. Box 230 Mossville, Illinois 61552-0230 (Names of companies filing this statement and addresses of principal executive offices) ----------------------------------------------------- AMEREN CORPORATION (Name of top registered holding company parent of each applicant or declarant) ------------------------------------------------------- Steven R. Sullivan, Vice President Regulatory Policy, General Counsel and Secretary Ameren Services Company 1901 Chouteau Avenue St. Louis, Missouri 63103 (Name and address of agent for service) -------------------------------------------------------- The Commission is requested to mail copies of all orders, notices and other communications to: Ronald K. Evans, William T. Baker, Jr., Esq. Managing Associate General Counsel Thelen Reid & Priest LLP Ameren Services Company 875 Third Avenue 1901 Chouteau Avenue New York, New York 10022 St. Louis, Missouri 63103 2 ITEM 1. DESCRIPTION OF PROPOSED TRANSACTION. ----------------------------------- Ameren Corporation ("Ameren"), whose principal business address is at 1901 Chouteau Avenue, St. Louis, Missouri 63103, is a registered holding company under the Public Utility Holding Company Act of 1935, as amended (the "Act"). Ameren directly owns all of the issued and outstanding common stock of Union Electric Company d/b/a AmerenUE ("AmerenUE") and Central Illinois Public Service Company d/b/a AmerenCIPS ("AmerenCIPS"), and indirectly through CILCORP Inc. ("CILCORP"), an exempt holding company, owns all of the issued and outstanding common stock of Central Illinois Light Company, d/b/a AmerenCILCO ("AmerenCILCO").(1) Together, AmerenUE, AmerenCIPS and AmerenCILCO provide retail and wholesale electric service to approximately 1.7 million customers and retail natural gas service to approximately 500,000 customers in parts of Missouri and Illinois. By order dated February 27, 2003 (Holding Co. Act Release No. 27655) (the "Money Pool Order"), the Commission authorized Ameren, AmerenUE, AmerenCIPS and Ameren Services Company ("Ameren Services"), a service company subsidiary of Ameren, to continue their participation in the Ameren System Utility Money Pool ("Utility Money Pool") and, to the extent not exempt under Rules 45(b) and 52, to extend credit to each other through the Utility Money Pool. The Commission reserved jurisdiction under the Money Pool Order over, among other matters, a proposal by AmerenCILCO to become a participant in the Utility Money Pool pending receipt of an order of the Illinois Commerce Commission ("ICC"). By order dated July 9, 2003 (Exhibit D-4 hereto), the ICC authorized AmerenCILCO to participate in and make borrowings under the Utility Money Pool on the same terms previously approved by the ICC in connection with applications by AmerenUE and AmerenCIPS, as summarized in the Money Pool Order. Accordingly, AmerenCILCO is now requesting that the Commission issue a supplemental order in this proceeding releasing jurisdiction over AmerenCILCO's participation in the Utility Money Pool. Borrowings by AmerenCILCO under the Utility Money Pool will be exempt pursuant to Rule 52(a). In addition, to the extent required, the Applicants are requesting approval for a modification to the Utility Money Pool Agreement. Specifically, the Utility Money Pool Agreement specifies that funds in excess of those needed for borrowings by Utility Money Pool participants at any time shall be invested in certain specified short-term instruments, including, among others, "such other investments as are permitted by Section 9(c) of the Act and Rule 40 thereunder." At the request of the ICC staff, AmerenUE, AmerenCIPS and AmerenCILCO have agreed to make one modification to this provision. Under the Utility Money Pool Agreement, as proposed to be amended, surplus funds may be invested in "such other investments as are permitted by Section 9(c) of the Act and Rule 40 thereunder but only if also permitted by either applicable rule or - ------------------- (1) Ameren completed its acquisition of all of the issued and outstanding common stock of CILCORP, the direct parent of AmerenCILCO, from The AES Corporation on January 31, 2003, in accordance with the Commission's order in File No. 70-10078. See Ameren Corporation, et al., Holding Co. Act Release No. 27645 (Jan. 29, 2003). 3 order by each state commission having jurisdiction over such investments or by applicable statutes of each such state."(2) In addition to the foregoing, it is requested that the Commission's supplemental order in this proceeding correct the record in order to confirm that Ameren Energy, Inc. ("Ameren Energy"), a direct wholly-owned non-utility subsidiary of Ameren, may participate in the Ameren System Non-State Regulated Subsidiary Money Pool (the "Non-State Regulated Subsidiary Money Pool"). As stated in the Application/Declaration filed in this proceeding, Ameren Energy was a participant in the Ameren System Non-Utility Money Pool, which has been renamed the Non-State Regulated Subsidiary Money Pool. Further, Ameren Energy was identified in the Application/Declaration as an Applicant in this proceeding, and was named as a party to the form of Non-State Regulated Subsidiary Money Pool Agreement that was filed as Exhibit B-2 to the Application/Declaration. Nevertheless, Ameren Energy's name was inadvertently omitted from the list of non-utility subsidiaries for whom authority to participate in the Non-State Regulated Subsidiary Money Pool was sought. ITEM 2. FEES, COMMISSIONS AND EXPENSES. ------------------------------ The additional fees, commissions and expenses incurred or to be incurred in connection with the preparation and filing of this Application/Declaration are estimated not to exceed $1,000. ITEM 3. APPLICABLE STATUTORY PROVISIONS. ------------------------------- 3.1 General. Sections 6(a), 7, 9(a)(1), 9(c)(3), 10, 12(b) and 12(f) of the Act and Rules 40, 42, 43, 45, and 54 thereunder are applicable to the proposed transactions. 3.2 Compliance with Rule 54. The transactions proposed herein are also subject to Rule 54. Rule 54 provides that, in determining whether to approve the issue or sale of any securities for purposes other than the acquisition of an EWG or "foreign utility company" ("FUCO") or other transactions unrelated to EWGs or FUCOs, the Commission shall not consider the effect of the capitalization or earnings of subsidiaries of a registered holding company that are EWGs or FUCOs if Rule 53(a), (b) and (c) are satisfied. Under Rule 53(a), the Commission shall not make certain specified findings under Sections 7 and 12 in connection with a proposal by a holding company to issue securities for the purpose of acquiring the securities of or other interest in an EWG, or to guarantee the securities of an EWG, if each of the conditions in paragraphs (a)(1) through (a)(4) thereof are met, provided that none of the conditions specified in paragraphs (b)(1) through (b)(3) of Rule 53 exists. These standards are met. Rule 53(a)(1): Ameren's "aggregate investment" (as defined in Rule 53(a)(1)) in EWGs as of March 31,2003 was $421,408,655, or approximately - ------------------- (2) Since this change merely adds a further restriction on the investment of surplus funds in instruments that would otherwise be permitted by Section 9(c) and Rule 40, it is submitted that no formal approval for the change by the Commission is needed. 4 23.8% of Ameren's "consolidated retained earnings" (also as defined in Rule 53(a)(1)) for the four quarters ended March 31, 2003 ($1,767,489,637). Ameren does not currently hold an interest in any FUCO. Rule 53(a)(2): Ameren will maintain books and records enabling it to identify investments in and earnings from each EWG and FUCO in which it directly or indirectly acquires and holds an interest. Ameren will cause each domestic EWG in which it acquires and holds an interest, and each foreign EWG and FUCO that is a majority-owned subsidiary, to maintain its books and records and prepare its financial statements in conformity with U.S. generally accepted accounting principles. All of such books and records and financial statements will be made available to the Commission, in English, upon request. Rule 53(a)(3): No more than 2% of the employees of Ameren's domestic utility subsidiaries will, at any one time, directly or indirectly, render services to EWGs and FUCOs. Rule 53(a)(4): Ameren will submit a copy of each Application/Declaration relating to investments in EWGs and FUCOs and copies of any related Rule 24 certificates, as well as a copy of Ameren's Form U5S, to each of the public service commissions having jurisdiction over the retail rates of Ameren's domestic utility subsidiaries. In addition, Ameren states that the provisions of Rule 53(a) are not made inapplicable to the authorization herein requested by reason of the occurrence or continuance of any of the circumstances specified in Rule 53(b). Rule 53(c) is inapplicable by its terms. ITEM 4. REGULATORY APPROVAL. ------------------- The ICC has approved AmerenCILCO's participation in the Utility Money Pool. A copy of the ICC's order is filed herewith as Exhibit D-4. No other state commission, and no other federal commission, other than this Commission, has jurisdiction over the proposed transaction. ITEM 5. PROCEDURE. --------- The Applicants request that the Commission issue a supplemental order releasing jurisdiction over AmerenCILCO's participation in the Utility Money Pool and granting the other relief requested herein as soon as the rules allow, and that there should not be a 30-day waiting period between issuance of the Commission's supplemental order and the date on which the supplemental order is to become effective. The Applicants hereby waive a recommended decision by a hearing officer or any other responsible officer of the Commission and consent to the participation of the Division of Investment Management in the preparation of the Commission's decision and/or order, unless such Division opposes the matters proposed herein. 5 ITEM 6. EXHIBITS AND FINANCIAL STATEMENTS. --------------------------------- a. Additional Exhibits. ------------------- D-4 Order of Illinois Commerce Commission. b. Additional Financial Statements. ------------------------------- FS-6 Consolidated Balance Sheet Incorporated by reference to and Statement of Income of the Annual Report of Ameren Ameren Corporation as of Corporationon Form 10-K, and for the year as amended, for the year ended December 31, 2002 ended December 31, 2002 in File No. 1-14756 FS-7 Consolidated Balance Sheet Incorporated by reference to and Statement of Income of the Quarterly Report of Ameren Corporation as of Ameren Corporation on and for the three months Form 10-Q for the period ended March 31, 2003 ended March 31, 2003 in File No. 1-14756 FS-8 Consolidated Balance Sheet Incorporated by reference to and Statement of Income of the Annual Report on Central Illinois Light Form 10-K of Central Company as of and for the Illinois Light Company for year ended December 31, 2002 the year ended December 31, 2002, in File No. 1-2732 FS-9 Consolidated Balance Sheet and Incorporated by reference to Statement of Income of Central the Quarterly Report on Illinois Light Company as of Form 10-Q of Central and for the three months ended Illinois Light Company for March 31, 2003 the period ended March 31, 2003, in File No. 1-2732 ITEM 7. INFORMATION AS TO ENVIRONMENTAL EFFECTS. --------------------------------------- None of the matters that are the subject of this Post-Effective Amendment involves a "major federal action" nor do such matters "significantly affect the quality of the human environment" as those terms are used in section 102(2)(C) of the National Environmental Policy Act. The transactions that are the subject of this Post-Effective Amendment will not result in changes in the operation of the Applicants that will have an impact on the environment. The Applicants are not aware of any federal agency that has prepared or is preparing an environmental impact statement with respect to the transactions that are the subject of this Post-Effective Amendment. 6 SIGNATURES 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 behalves by the undersigned thereunto duly authorized. AMEREN CORPORATION UNION ELECTRIC COMPANY CENTRAL ILLINOIS PUBLIC SERVICE COMPANY AMEREN SERVICES COMPANY AMEREN ENERGY, INC. AMEREN DEVELOPMENT COMPANY AMEREN ERC, INC. AMEREN ENERGY COMMUNICATIONS, INC. AMEREN ENERGY RESOURCES COMPANY AMEREN ENERGY DEVELOPMENT COMPANY AMEREN ENERGY GENERATING COMPANY AMEREN ENERGY MARKETING COMPANY AMEREN ENERGY FUELS AND SERVICES COMPANY AFS DEVELOPMENT COMPANY LLC ILLINOIS MATERIALS SUPPLY CO. UNION ELECTRIC DEVELOPMENT CORPORATION CIPSCO INVESTMENT COMPANY CILCORP INC. CENTRAL ILLINOIS LIGHT COMPANY AMERENENERGY RESOURCES GENERATING COMPANY CILCORP INVESTMENT MANAGEMENT INC. CILCORP VENTURES INC. QST ENTERPRISES INC. CILCORP ENERGY SERVICES INC. CILCO EXPLORATION AND DEVELOPMENT COMPANY CILCO ENERGY CORPORATION AMERENENERGY MEDINA VALLEY COGEN (NO. 4), L.L.C. AMERENENERGY MEDINA VALLEY COGEN, L.L.C. AMERENENERGY MEDINA VALLEY COGEN (NO. 2), L.L.C. AMERENENERGY MEDINA VALLEY OPERATIONS, L.L.C. By: /s/ Steven R. Sullivan ------------------ Name: Steven R. Sullivan Title: Secretary Date: July 11, 2003 7 EX-99 3 ex_d4.txt EX. D-4 - ORDER OF IL COMMERCE COMM'N EXHIBIT D-4 STATE OF ILLINOIS ILLINOIS COMMERCE COMMISSION UNION ELECTRIC COMPANY, CENTRAL : ILLINOIS PUBLIC SERVICE COMPANY, : AND CENTRAL ILLINOIS LIGHT COMPANY : : APPLICATION FOR APPROVAL OF : 03-0214 AMENDED UTILITY MONEY POOL : AGREEMENT. ORDER ----- By the Commission: On March 31, 2003, Union Electric Company, d/b/a AmerenUE ("AmerenUE"), Central Illinois Public Service Company, d/b/a AmerenCIPS ("AmerenCIPS"), and Central Illinois Light Company, d/b/a AmerenCILCO ("AmerenCILCO") (collectively "Petitioners") filed with the Illinois Commerce Commission ("Commission") an Application requesting the Commission's approval of an amendment to the Ameren Corporation System Utility Money Pool Agreement ("Agreement"), pursuant to Sections 7-101 and 7-102 of the Public Utilities Act ("Act"), 220 ILCS 5/1-101 et seq. Petitioners requested that the Commission consider the Application without a hearing on an expedited basis. No petitions to intervene were filed in this docket, nor were any hearings held. Petitioners made certain changes to the Agreement based on informal discussions with the Commission Staff ("Staff"). The Administrative Law Judge finding that all evidence having been submitted with the petition waived hearing in this matter. The Application states that Ameren Corporation ("Ameren") is a utility holding company system registered under the Public Utility Holding Company Act of 1935 ("PUHCA") (15 USC ss.79 et. seq). Ameren was formed when the merger of Union Electric Company and CIPSCO Inc. ("UE-CIPSCO merger") was completed on December 31, 1997. As part of the UE-CIPSCO merger process, and to comply with requirements of federal law and of regulation by the Securities and Exchange Commission ("SEC") under PUHCA, Ameren Services Company ("Ameren Services") was formed to provide various administrative and corporate support services for system companies, including AmerenUE and AmerenCIPS. Ameren and Ameren Services are "affiliated interests" of the Petitioners, and the Petitioners are "affiliated interests" of each other, under Section 7-101 of the Act. In order to achieve merger related efficiencies, AmerenUE and AmerenCIPS filed an application on September 30, 1998 with the Commission in Docket No. 98-0644 seeking its approval to enter into the Agreement. By a pleading dated October 15, 1998, Staff indicated that it did not object to Ameren's request for 03-0214 approval of the Agreement. The Commission approved the Agreement by order issued November 18, 1998. In its application filed in Docket No. 98-0644, AmerenCIPS and AmerenUE explained that the Agreement was reasonable and in the public interest because the money pool arrangement created thereunder ("Utility Money Pool") would allow them to lower their cost of borrowing by permitting internal funds to be loaned on a short-term basis among the parties to the Agreement. In its order approving the Agreement, the Commission agreed. On January 31, 2003, Ameren completed its acquisition of CILCORP Inc. and thereby became the indirect parent of AmerenCILCO. The Commission approved Ameren's acquisition of CILCORP by order dated December 4, 2002 in Docket No. 02-0428. The Commission also approved the transfer by AmerenCILCO of its generating facilities to Central Illinois Generation, Inc. ("CIGI") by order dated April 10, 2002 in Docket Nos. 02-0140 and 02-0153. When the transfer is completed, CIGI will operate as a generating company subsidiary of AmerenCILCO (but will not be a "public utility" as defined in the Act) and will be an affiliated interest of Petitioners. To further the integration of AmerenCILCO into the Ameren system, Ameren proposes to add AmerenCILCO as a party to the Agreement in order to extend to AmerenCILCO the lower cost of borrowing and the other advantages that have accrued to AmerenCIPS and AmerenUE. To accomplish this, Ameren is proposing to enter into an amendment of the Agreement (the "Amended Agreement") to add AmerenCILCO as a party and make various minor changes. Petitioners' attached a form of Amended Agreement to the Application in this matter. Ameren anticipates that CIGI will participate in cash management programs of Ameren that do not involve the Petitioners. However, to comply with PUHCA it may be desirable to have CIGI participate under the Amended Agreement but in a limited manner, that is, act only as a lender to the Utility Money Pool but not as a borrower. The Amended Agreement would contain the same terms as heretofore approved by the Commission. Under the Amended Agreement, each party will determine whether it has funds available for contribution to the Utility Money Pool. If so, the party may lend funds to the Utility Money Pool at its discretion (and, to the extent required by law or regulation, a Petitioner will not lend its funds to the Utility Money Pool if it can earn more in another investment of comparable risk.) Each party may withdraw any of its funds at any time upon demand by giving notice to Ameren Services. If a borrowing party becomes insolvent or declares bankruptcy, the lending parties may declare such loans immediately due and payable. The Amended Agreement sets out the terms of all borrowings made by the Petitioners. The Application explains that the Utility Money Pool will be available for short-term borrowing by Petitioners and other parties authorized to be 2 03-0214 borrowers, as funds are available. No loans through the Utility Money Pool will be made to, and no borrowing through the Utility Money Pool will be made by, Ameren. Other than Ameren Services and CIGI (if CIGI becomes a party), no non-utility subsidiary of Ameren will be a participant in the Utility Money Pool. The source of funds for the Utility Money Pool will be from surplus funds in the treasuries of the parties, proceeds from bank borrowings and the sale of commercial paper by the parties, consistent with regulatory orders and applicable law. Borrowing through the Utility Money Pool shall be authorized by the party's Treasurer or a designee thereof. No party shall be required to effect a borrowing through the Utility Money Pool if such party determines that it can (and is authorized to) effect such borrowing at lower cost directly from banks or through the sale of its own commercial paper in an existing commercial paper program. Interest shall accrue monthly on the unpaid principal amount of any loan in the Utility Money Pool. Interest shall be calculated as set out in the Amended Agreement, which includes a provision that the interest rate on loans to the Petitioners from an affiliate shall not exceed the lending affiliate's actual interest cost, including issuance costs. The Amended Agreement sets out a list of permitted investments for funds lent to the Utility Money Pool which are not immediately required by any party. Subsequent to the initial filing, Petitioners revised the language of the Amended Agreement regarding permitted investments as described below. Interest income on invested funds will be allocated to the contributing parties pro rata as provided in the Amended Agreement. Record keeping will be handled by Ameren Services under authority of the appropriate officers of the parties. Ameren Services will administer the Utility Money Pool on an "at cost" basis. In addition to approval by the Commission, Ameren is seeking approval from the SEC under the provisions of the PUHCA to add AmerenCILCO as a party to the Amended Agreement and to have CIGI participate in the Utility Money Pool or other arrangement. Analysis of the Money Pool Agreement indicates that cross-subsidization among the Petitioners is not possible. Section 1.5(b) of the Utility Money Pool Agreement states that a Petitioner who borrows external funds from the Money Pool shall pay interest on that amount equal to the lending Petitioner's cost of such external funds. According to Section 1.5(c), Petitioners borrowing a combination of internal funds and external funds from the Utility Money Pool shall pay an interest rate that takes into account the cost of all such external funds as determined by Section 1.5(b). Section 1.6 specifies that commitment fees related to External Funds contributed to the Money Pool shall be allocated every month to the Petitioner borrowing such external funds from the Utility Money Pool. The Commission notes that it has pending a rule making setting minimum standards for money pool arrangements (Docket 02-0581). Although the proposed rule is not final, Petitioner's represented that the Amended Agreement was not 3 03-0214 inconsistent with the draft rule in its present form. Previously, the Agreement allowed Petitioners to invest available funds in any investment that is permitted by Section 9(c) of PUHCA and Rule 40 thereunder. At the request of Staff, Petitioners made one modification to that provision (referred to as "clause (ix)"). Under the Amended Agreement, as so modified, such a clause (ix) investment permitted by Section 9(c) or Rule 40 will be permitted only if also permitted by either applicable rule or order by each state commission having jurisdiction over such investments or by applicable statutes of each such state. Clause (ix), as modified, will state the following: "and (ix) such other investments as are permitted by Section 9(c) of the Act [meaning PUHCA] and Rule 40 thereunder but only if also permitted by either applicable rule or order by each state commission having jurisdiction over such investments or by applicable statutes of each such state." The Commission finds that this Order does not grant Petitioners any approval to make investments under clause (ix) and further approval by the Commission (or a change in applicable rules or the Act) would be required for clause (ix) to be effective. Petitioners have represented that they would modify the Amended Agreement, if necessary, to cause it to come into compliance with the final rule, if any, adopted in Docket 02-0581. The Commission, having considered the entire record and being fully advised in the premises, is of the opinion and finds that: (1) the Commission has jurisdiction over Petitioners and the subject matter herein; (2) the recitals of fact and conclusions reached in the prefatory portion of this order are supported by the record and are hereby adopted as findings of fact; (3) AmerenCILCO and CIGI should be permitted to become parties to the Amended Agreement as described herein; and (4) Petitioners' Application for the approval of the Amended Agreement, as reflected in the attachment to the Application, as modified, should be granted. IT IS THEREFORE ORDERED that the Application filed by Union Electric Company, Central Illinois Public Service Company and Central Illinois Light Company seeking Commission approval of the Amended Agreement, as reflected in the attachment to the Application, as revised, is hereby granted. IT IS FURTHER ORDERED that Petitioners shall cause the Amended Agreement to be further amended or revised to cause it to come into compliance with any final rule adopted in Docket 02-0581 and will report such changes to the Commission in the manner provided in such final rule, or if not so required, within 60 days of the effective date of any such final rule. 4 03-0214 IT IS FURTHER ORDERED that subject to the provisions of Section 10-113 of the Public Utilities Act and 83 Ill. Adm. Code 200.880, this order is final; it is not subject to the Administrative Review Law. By order of the Commission this 9th day of July, 2003. (SIGNED) EDWARD C. HURLEY Chairman 5 -----END PRIVACY-ENHANCED MESSAGE-----