Filed May 30, 2001
No. 70-9569
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM U-1/POS AMC
POST-EFFECTIVE AMENDMENT NO. 2
UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
Energy East Corporation
P.O. Box 12904, Albany, New York 12212-2904
(Name of company filing this statement and
address of principal executive offices)
Kenneth M. Jasinski
Executive Vice President, General
Counsel and Secretary
Energy East Corporation
P.O. Box 12904
Albany, New York 12212-2904
Telephone: (518) 434-3049
(Name and agent for service)
The Commission is requested to send copies of all notices, orders and
communications to:
Adam Wenner, Esq. Frank Lee, Esq.
Vinson & Elkins L.L.P. Huber Lawrence & Abell
1455 Pennsylvania Avenue, N.W. 605 Third Avenue
Washington, D.C. 20004-1008 New York, New York 10158
Telephone: (202) 639-6533 Telephone: (212) 682-6200
This post-effective amendment seeks a short extension of the Commission's
reservation of jurisdiction over the retainability of certain real estate owned
by Union Water-Power Company, UnionLand Services Division, pending completion of
the record.
On August 31, 2000, the Commission issued an "Order Authorizing Acquisition
of Public-Utility Holding Companies," (1) in which it authorized Energy East
Corporation ("Energy East") to acquire all of the issued and outstanding common
stock of CMP Group, Inc. ("CMP Group"), CTG Resources, Inc., and Berkshire
Energy Resources. Following the issuance of the Energy East Order, on September
1, 2000, Energy East registered as a public utility holding company under
section 5 of the Public Utility Holding Company Act of 1935, as amended.
Exhibit H-5 to Energy East's Amendment No. 5 to Form U-1 in connection with
the CMP Group acquisition (the "Application") described the business activities
of non-utility subsidiaries of Energy East. Section E.2. of Exhibit H-5
described the activities of Union Water Power Company ("UWP"), a wholly owned
subsidiary of CMP Group. As noted therein, UnionLand Services ("UnionLand") is
the real estate development services division of UWP. Among other activities,
UnionLand owns unimproved land acquired from surplus land owned by Central
Maine Power Company ("Central Maine Power"). In addition, UnionLand owns
improved real estate which is leased to commercial tenants within Central Maine
Power's service area, as well as office space that is leased to the State of
Maine Department of Human Services and to commercial tenants. Applicants
requested that the Commission reserve jurisdiction for nine months, pending
completion of the record, over the retainability of UnionLand's ownership of
this real estate. The Commission granted this request in the Energy East Order,
although it did not specify that the extension was limited to the nine-month
period requested in the Application. (2)
During the past several months, Energy East personnel have been involved in
the proposed acquisition of RGS Energy Group, Inc., which involves, among other
things, preparation of requests for regulatory approvals from this Commission,
the New York State Public Service Commission, the Federal Energy Regulatory
Commission, and the Nuclear Regulatory Commission. Based on these activities,
Energy East has not yet been able to address the issues relating to UnionLand.
Because the nine month period requested in the Application ends on May 31, 2001,
Applicants request that the Commission extend its retention of jurisdiction on
this issue until August 31, 2001.
Pursuant to the requirements of the Public Utility Holding Company Act of
1935, the undersigned company has duly caused this Post-Effective Amendment No.
2 to be signed on its behalf by the undersigned thereunto duly authorized.
___________________________
(1) Holding Co. Act Release No. 35-27224 (August 31, 2000) (the "Energy East
Order").
(2) Id., slip op. at 34.
Energy East Corporation
May 30, 2001 By: /s/ Kenneth M. Jasinski
Kenneth M. Jasinski
Executive Vice President, General Counsel
and Secretary