As filed with the Securities and Exchange Commission on October 28, 2002.
File No. 070-10085
SECURITIES AND EXCHANGE COMMISSION
450 FIFTH STREET
WASHINGTON, D.C. 20549
------------------------------------------
AMENDMENT NO. 1 TO FORM U-1 DECLARATION
UNDER
THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
--------------------------------------------
CinCap Madison, LLC
CinCap VII, LLC
139 East Fourth Street
Cincinnati, Ohio 45202
PSI Energy, Inc.
1000 East Main Street
Plainfield, Indiana 46168
(Name of companies filing this statement
and address of principal executive offices)
---------------------------------------------
Cinergy Corp.
(Name of top registered holding company)
---------------------------------------------
Wendy L. Aumiller, Treasurer
Cinergy Corp.
139 East Fourth Street, 24 AT2
Cincinnati, Ohio 45202
(Name and address of agent for service)
Please direct communications to:
George Dwight II/ Senior Counsel
Cinergy Corp.
139 East Fourth Street, 25 AT2
Cincinnati, Ohio 45202
513-287-2643 (ph)
513-287-3810 (f)
gdwight@cinergy.com
William T. Baker, Jr. William C. Weeden
Thelen Reid & Priest LLP Skadden Arps Slate Meagher & Flom
40 West 57th Street 1400 New York Avenue, N.W.
New York, New York 10019 Washington, D.C. 20005
212-603-2106 (ph) 202-371-7877 (ph)
212-603-2001 (f) 202-371-7012 (f)
wbaker@thelenreid.com wweeden@skadden.com
- --------------------- -------------------
* * *
Based on discussions held on October 25, 2002 with senior staff
("Staff") in the Office of Public Utility Regulation of the Securities and
Exchange Commission ("Commission"), Applicants understand that the Staff is of
the view that the transactions proposed in this matter, as set forth in the
Declaration on Form U-1 filed with the Commission on September 6, 2002 (the
"Original Application"), are exempt from Commission approval requirements under
the Public Utility Holding Company Act of 1935, as amended. Accordingly,
pursuant to those discussions, Applicants hereby withdraw the Declaration in its
entirety. Subject to the receipt of required approvals from the Federal Energy
Regulatory Commission and the Indiana Utility Regulatory Commission, and upon
satisfaction of the other conditions to closing, Applicants intend to consummate
the proposed transactions described in the Original Application at the earliest
date practicable.
SIGNATURE
Pursuant to the requirements of the Public Utility Holding Company Act
of 1935, the undersigned companies have duly caused this amended Declaration on
Form U-1 to be signed on their behalf by the officer indicated below.
Dated: October 28, 2002
CINCAP MADISON, LLC
By: /s/Wendy Aumiller
Wendy Aumiller
Treasurer
CINCAP VII, LLC
By: /s/Wendy Aumiller
Wendy Aumiller
Treasurer
PSI ENERGY, INC.
By: /s/Wendy Aumiller
Wendy Aumiller
Treasurer