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
ECS s.r.o.
by
THE AES CORPORATION
1001 North 19th Street
Arlington, VA 22209
The AES Corporation ("AES"), a Delaware corporation and a public
utility holding company exempt from registration under Section 3(a)(5) of
the Public Utility Holding Company Act of 1935, as amended (the "Act"),
hereby files with the Securities and Exchange Commission (the "Commission")
pursuant to Section 33 of the Act, this Form U-57/A for the purpose of
notifying the Commission that ECS s.r.o. ("ECS"), a company organized under
the laws of Czech Republic, is a "foreign utility company" ("FUCO") within
the meaning of Section 33 of the Act. This Form U-57/A amends and restates
in its entirety the Form U-57 that AES filed on behalf of ECS on July 2,
2001.
ECS does not derive and will not derive any part of its income,
directly or indirectly, from the generation, transmission or distribution
of electric energy for sale, or the distribution at retail of natural or
manufactured gas for heat, light or power, within the United States.
Neither ECS nor any of its subsidiary companies is or will be a public
utility operating within the United States.
ITEM 1
Name and Business Address:
ECS, s.r.o.
Prumyslova 748
391 02 Plana nad Luznici
Czech Republic
Description of Facilities:
ECS owns and operates a coal-fired electric and thermal energy
generating facility located in Plana nad Luznici, near Tabor, Czech
Republic. This facility has an electric generating capacity of 50 megawatts
and generates electricity and thermal energy for sale to industrial,
community and utility customers. It is comprised of three major sections, a
coal handling system, a three-unit steam generating system, and a one-unit
steam condensing turbine generator system. In addition to electricity, the
facility generates process steam, hot water, chilled water, drinking water
and softened water.
Ownership:
ECS is organized under the laws of the Czech Republic. AES owns
indirectly 82.5 percent of the voting securities of ECS.
Beleggingsmaatschappij Wolfje B.V., a limited liability company
incorporated under the law of the Netherlands, is the only other person
that owns 5 percent or more of the voting securities of ECS.
ITEM 2
The domestic associate public utility companies of ECS are Central
Illinois Light Company ("CILCO") and Indianapolis Power & Light Company
("IPL"), each of which are indirect, wholly-owned subsidiaries of AES.
Neither CILCO nor IPL has made any investment in, nor has any
contractual relationship with, ECS, nor are any such investments or
contractual relationships contemplated.
The certification of the Illinois Commerce Commission, as required
under Section 33(a)(2) of the Act, is attached hereto as Exhibit A. The
certification of the Indiana Utility Regulatory Commission, as required
under Section 33(a)(2) of the Act, is attached hereto as Exhibit B.
The Commission is requested to mail copies of all correspondence
relating to this Notification to:
William R. Luraschi
The AES Corporation
1001 North 19th Street
Arlington, VA 22209
William C. Weeden
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Ave. NW
Washington, D.C. 20005
The undersigned company has duly caused this statement to be
signed on its behalf by the undersigned officer thereunto duly authorized.
THE AES CORPORATION
By: /s/ William R. Luraschi
--------------------------
Name: William R. Luraschi
Title: Vice President and Secretary
Date: July 12, 2001
Exhibit A
[Illinois Commerce Commission Letterhead]
March 10, 1999
Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549
Ladies and Gentlemen:
We are writing to you with respect to Central Illinois Light
Company ("CILCO") and its parent, CILCORP Inc., and the pending merger
transaction involving CILCORP Inc. and The AES Corporation.
We have been advised that The AES Corporation, through its
subsidiaries (other than CILCORP Inc. or subsidiaries of CILCORP Inc.),
affiliates, or through other entities, currently holds, and intends to
continue to hold and acquire, ownership interest in electric and natural
gas facilities in one or more foreign countries. We submit this letter
pursuant to the requirements of Section 33(a)(2) of the Public Utility
Holding Company Act of 1935, as amended (the "Act").
A 1997 Illinois law implemented changes to historical utility
regulation. The law required all regulated electric utilities to reduce
their rates to residential consumers in 1998 and, subject to certain
specified exceptions, froze such electric rates until 2005. While neither
the utilities nor the Illinois Commerce Commission ("Commission") can
change bundled electric rates until 2005, the Commission retains
jurisdiction to set rates for unbundled delivery service. In addition,
electric utilities are subject to other statutory provisions that require a
sharing of revenues with consumers if the utility earns more than certain
specified thresholds. However, the restructuring legislation gave electric
utilities great flexibility in writing down assets and accelerating
depreciation, so utilities may be able to avoid triggering the over-earning
threshold. Also, the legislation removed Commission authority over the
sale, lease or other transfer of assets to affiliated or unaffiliated
entities until January 1, 2005. Also, the Commission has jurisdiction over
electric and gas delivery system reliability. However, the Commission
cannot order a utility to construct additional generation. Finally, while
the Commission's authority to approve or disapprove some merger and
reorganization transactions has been suspended until 2005, regulated
utilities are required to provide the Commission with a 30-day advanced
notice of any proposed transaction, with supporting documentation, and to
file certain reports thereafter.
The Illinois Commerce Commission hereby certifies to you that we
have the authority and resources to protect Illinois consumers in
accordance with the Illinois statutes discussed in the previous paragraph.
We intend to exercise such authority.
Sincerely,
Illinois Commerce Commission
/s/ Richard L. Mathias
Richard L. Mathias
Chairman
cc: Mr. Edward J. Griffin, DeFrees & Fiske
Mr. Robert W. Wason, Security and Exchange Commission
Exhibit B
[LETTERHEAD OF THE INDIANA UTILITY REGULATORY COMMISSION]
September 28, 2000
Mr. Jonathan G. Katz, Secretary
Securities and Exchange Commission
450 Fifth Street, NW
Washington, D.C. 20549
Dear Mr. Katz:
We are writing with respect to Indianapolis Power & Light Company,
its parent, IPALCO Enterprises, Inc. and The AES Corporation.
We have been advised that The AES Corporation, through its
subsidiaries (other than IPALCO Enterprises, Inc. and its subsidiaries),
affiliates, or through other entities, currently holds, and intends to
continue to hold and acquire ownership interests in electric and natural
gas facilities in one or more foreign countries. We submit this letter
pursuant to the requirements of Section 33(a)(2) of the Public Utility
Holding Company Act of 1935, as amended.
The Indiana Utility Regulatory Commission hereby certifies to you
that it has the authority and resources to protect ratepayers subject to
its jurisdiction and that it intends to exercise that authority.
Sincerely,
/s/ William D. McCarty
William D. McCarty
Chairman