Form U-1
|
File No. 070-10145
(Withdrawal of
Application)
UNITED STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM U-1
AMENDMENT NO. 1
APPLICATION FOR ORDER
DECLARING DYNEGY INC. IS NOT A SUBSIDIARY COMPANY
UNDER THE PUBLIC UTILITY HOLDING
COMPANY ACT OF 1935
Dynegy Inc.
1000 Louisiana
Suite 5800
Houston, Texas 77002
(Name
of company filing this statement and address of principal executive offices)
None
(Name of
top registered holding company parent of each applicant or declarant)
Alisa B. Johnson
Group
General Counsel – Governmental Affairs
Dynegy Inc.
1000 Louisiana
Suite 5800
Houston, Texas
77002
(Names and
addresses of agent for service)
The Commission is also
requested to send copies
of any communications in connection with this matter to:
Adam Wenner
Chadbourne
& Parke LLP
1200 New Hampshire Ave., N.W.
Washington, D.C. 20036
APPLICATION FOR ORDER
DECLARING DYNEGY INC. IS NOT A SUBSIDIARY COMPANY
UNDER THE PUBLIC UTILITY HOLDING
COMPANY ACT OF 1935
The
request for an order declaring that Dynegy Inc.1 (“Dynegy” or
“Applicant”) is not a subsidiary company of ChevronTexaco Corporation
(“ChevronTexaco”) under the Act arose as the result of the February 2000
merger of Dynegy with Illinova Corporation, an Illinois corporation
(“Illinova”), the parent company of Illinois Power Company (“Illinois
Power”).
Section
2(a)(8) of the Public Utility Holding Company Act of 1935 (the “Act”) defines a
“subsidiary company” of a specified holding company as:
|
|
(A)
any company 10 per centum or more of the outstanding voting securities of which
are directly or indirectly owned, controlled, or held with power to vote, by
such holding company (or by a company that is a subsidiary company of such
holding company by virtue of this clause or clause (B)), unless the Commission,
as hereinafter provided, by order declares such company not to be a subsidiary
company of such holding company; and |
|
(B)
any person the management or policies of which the Commission, after notice and
opportunity for hearing, determines to be subject to a controlling influence,
directly or indirectly, by such holding company (either alone or pursuant to an
arrangement or understanding with one or more other persons) so as to make it
necessary or appropriate in the public interest or for the protection of
investors or consumers that such person be subject to the obligations, duties,
and liabilities imposed in this title upon subsidiary companies of holding
companies. |
Section 2(a)(8) further provides:
| |
The
Commission, upon application, shall by order declare that a company is not a subsidiary
company of a specified holding company under clause (A) if the Commission finds that
(i) the applicant is not controlled, directly or indirectly, by such holding company
(either alone or pursuant to an arrangement or understanding with one or more other
persons) either through one or more intermediary persons or by any means or device
whatsoever, (ii) the applicant is not an intermediary company through which such
control of another company is exercised, and (iii) the management or policies of the
applicant are not subject to a controlling influence, directly or indirectly, by such
holding
|
| 1 |
Pursuant
to Rule 10, this application is deemed to be filed on behalf of Dynegy and all of its
subsidiary companies. |
| |
company
(either alone or pursuant to an arrangement or understanding with one or
more other persons) so as to make it necessary or appropriate in the public interest or
for the protection of investors or consumers that the applicant be subject to the
obligations, duties, and liabilities imposed in this title upon subsidiary companies of
holding companies.
|
|
In
its original application, Dynegy requested the Commission to declare that it is not a
subsidiary company of ChevronTexaco. However, on September 30, 2004, Ameren Corporation
acquired from Illinova 100 percent of the outstanding common shares and approximately 73
percent of the preferred shares of Illinois Power. As a result, none of Dynegy or its
subsidiary companies is a holding company or a subsidiary company of a holding company
within the meaning of the Act. As a result, Dynegy respectfully withdraws its application
for a declaration pursuant to Section 2(a)(8) of the Act that it is not a subsidiary
company of ChevronTexaco.
SIGNATURE
Pursuant
to the requirements of the Public Utility Holding Company Act of 1935, the undersigned
company has caused this amendment to be signed on its behalf by the undersigned thereunto
duly authorized.
|
| |
DYNEGY INC.
|
| |
By: |
/s/ Carol F. Graebner
Carol F. Graebner
Executive Vice President &
General Counsel |