(As filed on December 14, 2001)
File No. 70-9959
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM U-1/A
Amendment No. 2
to
APPLICATION OR DECLARATION
UNDER THE
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
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NATIONAL FUEL GAS COMPANY
HORIZON ENERGY DEVELOPMENT, INC.
HORIZON ENERGY HOLDINGS, INC. AND ITS SUBSIDIARIES
10 Lafayette Square
Buffalo, New York 14203
(Names of companies filing this statement and
addresses of principal executive offices)
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NATIONAL FUEL GAS COMPANY
(Name of top registered holding company parent)
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Philip C. Ackerman, President
National Fuel Gas Company
10 Lafayette Square
Buffalo, New York 14203
(Name and address of agent for service)
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The Commission is requested to send copies of all
notices, orders and communications in connection with
this Application or Declaration to:
Ronald J. Tanski, Secretary and Treasurer Michael F. Fitzpatrick, Jr., Esq.
Horizon Energy Development, Inc. Thelen Reid & Priest LLP
10 Lafayette Square 40 West 57th Street
Buffalo, New York 14203 New York, New York 10019
The Application or Declaration filed in this proceeding on August 27, 2001,
as amended and restated by Amendment No. 1, filed October 26, 2001, is hereby
further amended as follows:
1. By adding the following sentence at the end of the first paragraph in
ITEM 1.9 - SUBSEQUENT REORGANIZATIONS AND CHANGES IN CAPITAL STOCK OF
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SUBSIDIARIES:
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"If any such transaction is accounted for in accordance with foreign
accounting rules that do not conform to U.S. GAAP, then the effects of the
transaction will be reconciled to U.S. GAAP."
2. By filing the following exhibit as part of ITEM 6 - EXHIBITS AND
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FINANCIAL STATEMENTS:
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F Opinion of Counsel.
SIGNATURES
Pursuant to the requirements of the Public Utility Holding Company Act
of 1935, as amended, the undersigned companies have duly caused this amendment
filed herein to be signed on their behalf by the undersigned thereunto duly
authorized.
NATIONAL FUEL GAS COMPANY
HORIZON ENERGY DEVELOPMENT, INC.
HORIZON ENERGY HOLDINGS, INC.
By: /s/ P.C. Ackerman
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Name: P.C. Ackerman
Title: President
Date: December 14, 2001