SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.
FORM U-57
NOTIFICATION OF FOREIGN UTILITY COMPANY STATUS
Filed Under Section 33(a) of the
Public Utility Holding Company Act of 1935, as amended
Tecnored S.A.
(Name of the foreign utility company)
SEMPRA ENERGY
(Name of filing company, if filed on behalf of a foreign utility company)
Item 1
Notification
Sempra Energy ("Sempra"), a holding company exempt from the Public Utility Holding Company Act of 1935, as amended (the "Holding Company Act") pursuant to Section 3(a)(1) thereof and the corporate parent of Southern California Gas Company ("SoCalGas"), San Diego Gas & Electric Company ("SDG&E"), Frontier Energy LLC ("Frontier") and Bangor Gas Company LLC ("Bangor"), each a "public utility company" as that term is defined in the Holding Company Act, hereby files with the Securities and Exchange Commission ("Commission"), pursuant to Section 33 of the Holding Company Act, this Form U-57 on behalf of Tecnored S.A.1 ("Tecnored"), an owner of electrical generation facilities and provider of electricity-related services, for the purpose of notifying the Commission that Tecnored is, and hereby claims status as, a "foreign utility company" ("FUCO") within the meaning of Section 33 of the Holding Company Act.
1 Tecnored is a Chilean sociedad anonima. Inversiones Sempra Chile Holdco Limitada ("Chile Holdco") and Inversiones PSEG Chile Holdco Limitada ("Inversiones") each own 50% of the equity interests in Tecnored. Chile Holdco is a wholly-owned indirect subsidiary of Sempra and Inversiones is a wholly-owned indirect subsidiary of Public Services Enterprise Group Incorporated ("PSEG").
As described further below, Tecnored owns generation facilities in Chile and provides additional services to its affiliate Chilquinta Energia S.A. ("Chilquinta"), Chilquinta's subsidiaries, and other third parties.
Tecnored does not own or derive any part of its income, directly or indirectly, from the generation, transmission, or distribution of electric energy for sale or the distribution of natural or manufactured gas for heat, light or power within the United States of America, and Tecnored is not a public-utility company operating in the United States of America, as such terms are defined in the Holding Company Act.
ITEM 1
Name and Business Address of the Entity Claiming FUCO Status:
Tecnored S.A.
Cerro El Plomo 3819
Parque Industrial de Curauma
Placilla, Valparaíso, Region V, Chile
Description of the Facilities Used for the Generation, Transmission and Distribution of Electric Energy for Sale
Tecnored owns an electrical generation facility in Casablanca, Region V, Chile that consists of two natural-gas fired combustion engines and two 3.2 megawatt generators. Tecnored sells the electrical output of this facility to its affiliate Chilquinta Energia S.A. and sells the thermal output of the facility to Energas S.A. Tecnored also owns forty-two small, mobile diesel and gasoline-fired generators, which it leases to its affiliate Chilquinta for emergency use. Thirty-six of these generators can supply a total of 509 kV of electrical energy, and the remaining eight can supply a total of 220 kV of electrical energy. Tecnored also provides other services to Chilquinta, such as installation, metering and construction-related services.
Ownership of Voting Securities:
50% of the stock of Tecnored is owned by Chile Holdco, a wholly-owned indirect subsidiary of Sempra. The remaining 50% of the stock of Tecnored is owned by Inversiones, a wholly-owned indirect subsidiary of PSEG.
ITEM 2
Domestic Associate Public-Utility Companies
SoCalGas, SDG&E, Frontier, Bangor, and Public Service Electric and Gas Company ("PSE&G"), are Tecnored's only domestic associate public-utility companies, as such terms are defined in Section 2 of the Holding Company Act.
SoCalGas and SDG&E are substantially wholly-owned indirect subsidiaries of Sempra, and Frontier and Bangor are wholly-owned indirect subsidiaries of Sempra, a publicly-held holding company exempt by order issued under Section 3(a)(1) of the Holding Company Act. SoCalGas, SDG&E, Frontier and Bangor have not paid and will not pay for their affiliate's interest in, and will themselves have no interest in, Tecnored.
PSE&G is a wholly owned direct subsidiary of PSEG, a publicly-held holding company, exempt by rule under Section 3(a)(1) of the Holding Company Act. PSE&G has not paid and will not pay for its affiliate's interest in, and will itself have no interest in, Tecnored.
PSE&G is filing contemporaneously herewith a separate Form U-57 on behalf of Tecnored.
EXHIBIT A
State Commission Certification - California, Maine and North Carolina
The certification of the California Public Utilities Commission (the only state commission with jurisdiction over the retail rates of SoCalGas and SDG&E) required by Section 33(a)(2) of the Holding Company Act has been filed as to SoCalGas and SDG&E as exhibits to the Form U-57 filed on August 1, 1997 on behalf of Distribuidora de Gas Natural de Mexicali, S. de R.L. de C.V. by Enova Corporation and Pacific Enterprises (subsidiaries of Sempra).
The certification of the North Carolina Public Utilities Commission (the only state commission with jurisdiction over the retail rates of Frontier) required by Section 33(a)(2) of the Holding Company Act is attached hereto as Exhibit A-1.
The certification of the Maine Public Utilities Commission (the only state commission with jurisdiction over the retail rates of Bangor) required by Section 33(a)(2) of the Holding Company Act is attached hereto as Exhibit A-2.
Conclusion
Accordingly, Tecnored satisfies the criteria set forth in Section 33(a) for qualification as a foreign utility company.
The undersigned company has duly caused this statement to be signed on its behalf by the undersigned thereunto duly authorized.
Sempra Energy
By: /S/ M. JAVADE CHAUDHRI
M. Javade Chaudhri
Executive Vice President and General Counsel
Date: December 7, 2004
EXHIBIT A-1
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State of North Carolina |
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Utilities Commission |
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PO Box 29510 |
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COMMISSIONERS |
COMMISSIONERS |
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December 20, 1999 |
Securities and Exchange Commission
450 Fifth Street, NW, Judiciary Plaza
Washington, D.C. 20549
Re: Sempra Energy's Request for Certification by the North
Carolina Utilities Commission Pursuant to Section 33(a)(2)
of the Public Utility Holding Company Act of 1935
Dear Commissioners:
Sempra Energy (Sempra), an exempt holding company pursuant to Section 3(a)(1) of the Public Utility Holding Company Act of 1935 (PUHCA), has notified the North Carolina Utilities Commission (NCUC) that it intends to file a Notification of Foreign Utility Status with the Securities and Exchange Commission (SEC). Sempra owns Frontier Energy, LLC (Frontier), which is a North Carolina limited liability corporation certificated by the NCUC to provide natural gas public utility service in certain specified areas of North Carolina.
Sempra has requested that the NCUC provide to the SEC the certification specified in Section 33(a)(2) of PUHCA, as amended, and codified in 15 U.S.C. Section 79z-5b(a)(2), with respect to our authority and resources to protect ratepayers subject to our jurisdiction and of our intention to exercise that authority. By this letter, the NCUC provides the requested certification subject to the following conditions and commitments made by Sempra and Frontier:
(1) Neither Sempra nor Frontier will enter into any agreement under the terms of which Frontier will be or in any manner could become obligated to commit funds or other assets in order to maintain the financial viability of a foreign utility holding company (FUCO) or exempt wholesale generator (EWG) or any affiliate of Frontier investing in a FUCO or EWG.
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430 North Salisbury Street - Raleigh, North Carolina 27603 |
Securities and Exchange Commission
December 20, 1999
Page Two
(2) Sempra will file annually with the NCUC, with a copy to the Natural Gas Division of the Public Staff of the NCUC, its Form U-33-S Annual Report Concerning Foreign Utility Companies, filed with the SEC under Section 33(e) of PUHCA, within fifteen (15) days of its filing with the SEC.
(3) The NCUC provides this certification while reserving all rights and jurisdiction to investigate and re-evaluate its position regarding the foreign investments of any affiliates of any and all North Carolina regulated public utilities. The NCUC has concerns about the potential impact that investments in foreign ventures may have on the finances and other resources available to regulated public utilities. This concern is not directed specifically at Sempra Energy, and the NCUC may open a generic docket to investigate this issue further. This certification may be modified following that proceeding so that it will be consistent with the findings and conclusions of any order of the NCUC therein. At such time, a modified certification will be sent directly to the SEC.
Based on the foregoing, the NCUC certifies to the SEC that it has the authority and resources to protect Frontier's ratepayers with respect to the investments contemplated under this request for certification and that it intends to exercise that authority. The NCUC notes that it is authorized by Section 33(a)(2) of PUHCA, as amended, to withdraw or revise this certification prospectively as to any future acquisition should such action be deemed necessary.
Very truly yours,
/S/ JO ANNE SANFORD
Jo Anne Sanford, Chair
cc: Commissioners
Robert P. Gruber
M. Gray Styers, Jr.
Don Liddell
EXHIBIT A-2
STATE OF MAINE
PUBLIC UTILITIES COMMISSION
242 STATE STREET.
18 STATE HOUSE STATION
AUGUSTA, MAINE
04333-0018
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September 16, 1999
Ms. Cathie A. Fisher, Assistant Director
Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549
Re: Sempra Energy Notification of Foreign Utility Company Status
Dear Ms. Fisher:
I am writing in reference to the Sempra Energy filing for Notification of Foreign Utility Company Status with the Commission, pursuant to Section 33(a)(2) of the Public Utility Holding Company Act of 1935, as amended. Sempra Energy possesses a 50% ownership interest in Bangor Gas Company, L.L.C., a Maine limited liability company authorized to provide local distribution service in the greater Bangor area of central Maine.
On behalf of the Maine Public Utilities Commission, I hereby confirm that Bangor Gas Company is subject to our full authority to regulate public utilities pursuant to Title 35-A of the Maine Revised Statutes Annotated.
Additionally, be assured that the Maine Commission has the necessary resources to regulate the rates, acts and practices of public utilities operating within Maine, such as Bangor Gas Company, and that we intend to exercise our authority to protect ratepayers.
If you have any questions regarding-this mutter, please feel free to contact me at (207)287-1353.
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Sincerely, |
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/S/ Dennis L. Keschi |
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Dennis L. Keschl |
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Administrative Director |
Cc: Alan Stone, Esq.
Joanne Steneck, General Counsel
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PHONE: (207) 287-3831 (VOICE) |
TTY: 1-800-437-1220 |
FAX: (207) 287-1039 |