FILE NO. 70-10013
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE AMENDMENT NO. 1
TO FORM U-1 APPLICATION/DECLARATION
UNDER SECTION 3(b) AND
RULE 10 OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
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DUKE ENERGY CORPORATION
526 S. Church Street
Charlotte, North Carolina 28202
(Name of the company filing this application and
address of its principal executive office)
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David L. Hauser
Senior Vice President and
Treasurer
Duke Energy Corporation
526 S. Church Street
Charlotte, North Carolina 28202
(Name and address of agent for service)
Please also submit copies of all correspondence to:
Adam Wenner, Esq.
Catherine O'Harra, Esq.
Vinson & Elkins L.L.P.
The Willard Office Building
1455 Pennsylvania Avenue, N.W.
Washington, D.C. 20004-1008
J. Curtis Moffatt, Esq.
Van Ness Feldman
A Professional Corporation
1050 Thomas Jefferson St.
Washington, D.C. 20007-3877
Applicant, Duke Energy Corporation ("Duke Energy"), a North Carolina
corporation, entered into an Amended and Restated Combination Agreement with
Westcoast Energy Inc. ("Westcoast"), a corporation organized under the laws of
Canada, pursuant to which Duke Energy proposed to acquire the stock of Westcoast
(the "Acquisition").
On November 30, 2001, the Form U-1 Application/Declaration in this
proceeding was originally filed pursuant to Section 3(b) of the Public Utility
Holding Company Act of 1935 (the "1935 Act") with the Securities and Exchange
Commission and was subsequently amended on January 15, 2002 (Amendment No. 1),
January 7, 2002 (Amendment No. 2), January 29, 2002 (Amendment No. 3), March 7,
2002 (Amendment No. 4), and March 8, 2002 (Amendment No. 5). On March 8, 2002,
the Commission issued an order granting the requested exemptions under Section
3(b) of the 1935 Act.(1)
Applicant files herewith Exhibit 12, a "no-action" letter from the Federal
Trade Commission, pursuant to the Hart-Scott-Rodino Antitrust Improvements Act,
relating to the Acquisition.
SIGNATURE
Pursuant to the requirements of the Public Utility Holding Company Act of
1935, the undersigned company has duly caused this Post-Effective Amendment No.
1 to the Form U-1 Application/Declaration to be signed on its behalf by the
undersigned thereunto duly authorized.
Respectfully submitted,
DUKE ENERGY CORPORATION
By: /s/ David L. Hauser
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David L. Hauser
Vice President and
Treasurer
Dated: March 13, 2002
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1 Duke Energy Corporation, Release No. 35-27496; 70-10013, March 8, 2002.
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