-----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, Nvzm3AZIVgBsO/Kczlq7VO+UPA0Db7me0zMkCJIeNokotkKvUZG+0UQXXSSyVDOJ rl3eQqCbmITcHW9W8z9knA== 0000003153-96-000022.txt : 19961108 0000003153-96-000022.hdr.sgml : 19961108 ACCESSION NUMBER: 0000003153-96-000022 CONFORMED SUBMISSION TYPE: U-1/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19961107 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: ALABAMA POWER CO CENTRAL INDEX KEY: 0000003153 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 630004250 STATE OF INCORPORATION: AL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: U-1/A SEC ACT: 1935 Act SEC FILE NUMBER: 070-08821 FILM NUMBER: 96655900 BUSINESS ADDRESS: STREET 1: 600 N 18TH ST STREET 2: P O BOX 2641 CITY: BIRMINGHAM STATE: AL ZIP: 35291 BUSINESS PHONE: 2052501000 U-1/A 1 AMENDMENT NO. 3 File No. 70-8821 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Amendment No. 3 to FORM U-1 APPLICATION OR DECLARATION under The Public Utility Holding Company Act of 1935 SOUTHERN COMPANY SERVICES, INC. GULF POWER COMPANY 64 Perimeter Center East 500 Bayfront Parkway Atlanta, Georgia 30346 Pensacola, Florida 32501 ALABAMA POWER COMPANY MISSISSIPPI POWER COMPANY 600 North 18th Street 2992 West Beach Birmingham, Alabama 35291 Gulfport, Mississippi 39501 GEORGIA POWER COMPANY SAVANNAH ELECTRIC AND POWER COMPANY 333 Piedmont Avenue, N.E. 600 Bay Street East Atlanta, Georgia 30308 Savannah, Georgia 31401 (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 Warren E. Tate, Secretary and Treasurer Southern Company Services, Inc. Gulf Power Company 270 Peachtree Street, N.W. 500 Bayfront Parkway Atlanta, Georgia 30303 Pensacola, Florida 32501 Michael W. Southern, Vice President, Art P. Beattie, Vice President, Secretary, Treasurer and Secretary and Treasurer Chief Financial Officer Alabama Power Company Mississippi Power Company 600 North 18th Street 2992 West Beach Birmingham, Alabama 35291 Gulfport, Mississippi 39501 Kirby R. Willis, Vice President, Judy M. Anderson, Vice President Treasurer and Chief Financial Officer and Corporate Secretary Savannah Electric and Power Company Georgia Power Company 600 Bay Street East 333 Piedmont Avenue, N.E. Savannah, Georgia 31401 Atlanta, Georgia 30308 (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. 270 Peachtree Street, N.W. Suite 5200 Atlanta, Georgia 30303 Atlanta, Georgia 30308-2216 The Application or Declaration, as heretofore amended and restated by Amendment No. 2, is now further amended in the following respects: 1. The final sentence in the next to last paragraph of Item 1.2 of said Amendment No. 2 is amended and restated in its entirety to read as follows: "The Applicants represent that they will not, without the further order of the Commission, (i) seek to broker or market other energy commodities to any customer except in conjunction with making electricity sales, (ii) make any sales of such other energy commodities to customers located outside the United States, or (iii) invest in any assets the ownership of which would result in any Operating Company becoming a "gas utility company," as defined under the Act. In addition, the Applicants represent that they will not make any sales of natural gas to retail customers in any State unless authorized or permitted to make such sales under applicable State laws or regulations.1" 2. The first paragraph of Item 3 - Applicable Statutory Provisions, is amended by adding the following additional sentences thereto: "It is the Applicants' understanding that the staff of the Division of Investment Management does not believe that the Commission has jurisdiction over power marketing activities by domestic electric utility subsidiaries of a registered holding company (or by a service company as agent therefor) if such activities are confined to transactions taking place within the United States. Accordingly, the Applicants represent that, without first obtaining the approval of the Commission, they will not engage in power marketing activities in transactions outside the United States." _______________ 1 See SEI Holdings, Inc., Holding Co. Act Rel. No. 26581 (September 26, 1996), p. 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 behalf by the undersigned thereunto duly authorized. Dated: November 7, 1996 SOUTHERN COMPANY SERVICES, INC. By: /s/Wayne Boston________________ Wayne Boston Assistant Secretary ALABAMA POWER COMPANY By: /s/Wayne Boston________________ Wayne Boston Assistant Secretary GEORGIA POWER COMPANY By: /s/Wayne Boston________________ Wayne Boston Assistant Secretary GULF POWER COMPANY By: /s/Wayne Boston________________ Wayne Boston Assistant Secretary (Signatures continued on next page) MISSISSIPPI POWER COMPANY By: /s/Wayne Boston________________ Wayne Boston Assistant Secretary SAVANNAH ELECTRIC AND POWER COMPANY By: /s/Wayne Boston________________ Wayne Boston Assistant Secretary -----END PRIVACY-ENHANCED MESSAGE-----