Washington, D.C. 20549
FORM U-9C-3
QUARTERLY
REPORT PURSUANT TO RULE 58
For the Quarterly
Period Ending June 30, 2004
National Fuel Gas Company
(Name
of Registered Holding Company)
6363 Main Street
Williamsville, New
York 14221
(Address of Principal
Executive Offices)
Inquiries concerning
this Form U-9C-3 may be directed to:
James R.
Peterson
Assistant Secretary
National Fuel Gas
Company
6363 Main Street
Williamsville, New York
14221
(716) 857-7702
Name of Reporting Co. Energy or Gas Related Date of Organization State of Organization Percentage of Voting Securities Nature of Business Held
National Fuel Gas Company Holding 1902 New Jersey Holds all voting securities of National Fuel Gas Company is an
the reporting companies, integrated natural gas operation
directly or indirectly, except engaged in owning and holding
as indicated below. securities issued by its subsidiaries.
Horizon LFG, Inc. Gas 1997 New York 100% Holds sole membership interest in
Toro Partner, LLC and 1% general
partnership interest in Toro
Partners, LP.
Seneca Resources Holding 1913 Pennsylvania 100% Holds a 50% general partnership
Corporation interest in the Roystone Gas
Processing Plant and a 33% general
partnership interest in the Kane Gas
Processing Plant, which were acquired
pursuant to Rule 58; holds a
non-voting ownership interest in
Highland Forest Resources, Inc.
Roystone Gas Processing Gas 1994 Pennsylvania 50% (general partnership) Processes natural gas and sells
Plant natural gas liquids.
Kane Gas Processing Plant Gas 2001 Pennsylvania 33% (general partnership) Processes natural gas and sells
natural gas liquids.
Horizon Power, Inc. Holding 1995 New York 100% Holds a 50% limited liability company
interest in each of Seneca Energy II,
LLC and Model City Energy, LLC.
Seneca Energy II, LLC Energy 2000 New York 50% Landfill gas-powered electric
generation.
Model City Energy, LLC Energy 2000 New York 50% Landfill gas-powered electric
generation.
Highland Forest Resources, Holding 2003 New York 100% Holds sole membership interest in
Inc. Empire State Pipeline Company LLC and
St. Clair Pipeline Company LLC.
Empire State Pipeline Gas 2003 New York 100% Holds a 50% joint venture interest in
Company LLC Empire State Pipeline.
St. Clair Pipeline Company Gas 2003 New York 100% Holds a 50% joint venture interest in
LLC Empire State Pipeline.
Empire State Pipeline Gas 2003 New York 100% Natural gas pipeline.
Toro Partner LLC Gas 2003 Delaware 100% Holds a 99% limited partnership
interest in Toro Partners, LP.
Toro Partners, LP Gas 1999 Texas 100% Holds sole membership interests in
Toro operating LLCs.
Toro Energy of Indiana, LLC Gas 2000 Texas 100% Gas marketing and related activities.
Toro Energy of Kentucky, Gas 1999 Delaware 100% Gas marketing and related activities.
LLC
Toro Energy of Maryland, Gas 1999 Texas 100% Gas marketing and related activities.
LLC
Toro Energy of Michigan, Gas 1999 Delaware 100% Gas marketing and related activities.
LLC
Toro Energy of Missouri, Gas 1999 Texas 100% Gas marketing and related activities.
LLC
Toro Energy of Ohio, LLC Gas 1999 Delaware 100% Gas marketing and related activities.
Toro Energy of Gas 2001 Texas 100% Gas marketing and related activities.
Ohio-American, LLC
Toro Energy of Gas 1999 Delaware 100% Gas marketing and related activities.
Ohio-Statewide, LLC
NARRATIVE DESCRIPTION:
National Fuel Gas Company, Seneca Resources Corporation (“Seneca Resources”), Horizon Power, Inc. (“Power,” an exempt wholesale generator) and Highland Forest Resources, Inc. (“Highland”) are not “reporting companies” but are included in this Item 1 because they hold, directly or indirectly, voting securities issued by reporting companies as indicated above.
During the quarter ended June 30, 2004, the reporting companies engaged in the following activities:
Horizon LFG (“Horizon LFG”) retained its interest in Toro Partner LLC. Horizon LFG and Toro Partner LLC retained their interests in Toro Partners, LP, which engaged in natural gas marketing and related activities through eight wholly owned limited liability companies.
Roystone Gas Processing Plant (“Roystone”) and Kane Gas Processing Plant (“Kane”) engaged in processing natural gas and selling natural gas liquids during the quarter.
Seneca Energy II, LLC (“Seneca Energy”) and Model City Energy, LLC (“Model City”), each a “qualifying facility” under the Public Utility Regulatory Policies Act of 1978, as amended, engaged in electric generation activities.
Empire State Pipeline Company LLC (“ESPC”) and St. Clair Pipeline Company LLC (“SCPC”) each held a 50% joint venture interest in Empire State Pipeline (“Empire”), which engaged in natural gas transportation activities during the quarter.
Principal Person to Whom Consideration
Company Amount of Security Was Collateral Given Received for Each
Issuing Stock Type of Security Issued Security Issue or Renewal Cost of Capital Issued With Security Security
No transactions this quarter
Company Contributing Capital Company Receiving Capital Amount of Capital Contribution
None.
PART 1 — TRANSACTIONS PERFORMED BY REPORTING COMPANY ON BEHALF OF ASSOCIATE COMPANIES
Reporting Co. Rendering Associate Co. Types of Services Direct Costs Indirect Costs Cost of Services Receiving Services Rendered Charged Charged Capital Total Amount Billed Roystone Seneca Resources Natural gas processing $0 $0 $0 $0 Kane Supply Natural gas processing $9,023 $0 $0 $9,023
Empire provided regulated natural gas transportation services to its associate companies, National Fuel Gas Distribution Corporation (“Distribution”) and National Fuel Resources, Inc., pursuant to Empire’s NYPSC tariff, but such services are “exempted transactions” pursuant to Rule 81 under the Public Utility Holding Company Act of 1935 (17 CFR Sec. 250.81).
PART 2 — TRANSACTIONS PERFORMED BY ASSOCIATE COMPANIES ON BEHALF OF REPORTING COMPANY
Associate Co. Direct Indirect
Rendering Reporting Co. Types of Services Costs Costs Total Amount
Services Receiving Services Rendered Charged Charged Cost of Capital Billed
Supply Empire Managerial, financial, $2,150 $0 $0 $2,150
legal and other similar
services.
Supply Empire Operational, $198,598 $0 $0 $198,598
maintenance,
administrative and
similar services.
Supply Toro Accounting and $8,244 $0 $0 $8,244
administrative services.
Supply Horizon LFG Accounting and $4,775 $0 $0 $4,775
administrative services.
Distribution Empire Operational, $221,561 $0 $0 $221,561
administrative and
similar services.
Distribution Toro Accounting and $11,544 $0 $0 $11,544
administrative services.
Distribution Horizon LFG Accounting and $3,772 $0 $0 $3,772
administrative services.
Investments in Energy-Related Companies:
Confidential Treatment requested pursuant to Rule 104(b)
Investments in Gas-Related Companies:
Confidential Treatment requested pursuant to Rule 104(b)
Major Line of Energy-Related Other Investment in last U-9C-3 Other Investment in This U-9C-3 Reason For Difference in Other Business Report Report Investment None
A. FINANCIAL STATEMENTS:
Balance Sheet for Horizon LFG Confidential treatment requested pursuant to Rule 104(b)
Income Statement for Horizon LFG Confidential treatment requested pursuant to Rule 104(b)
Balance Sheet for Roystone Confidential treatment requested pursuant to Rule 104(b)
Income Statement for Roystone Confidential treatment requested pursuant to Rule 104(b)
Balance Sheet for Seneca Energy Confidential treatment requested pursuant to Rule 104(b)
Income Statement for Seneca Energy Confidential treatment requested pursuant to Rule 104(b)
Balance Sheet for Model City Confidential treatment requested pursuant to Rule 104(b)
Income Statement for Model City Confidential treatment requested pursuant to Rule 104(b)
Balance Sheet for Empire Confidential treatment requested pursuant to Rule 104(b)
Income Statement for Empire Confidential treatment requested pursuant to Rule 104(b)
Balance Sheet for Kane Confidential treatment requested pursuant to Rule 104(b)
Income Statement for Kane Confidential treatment requested pursuant to Rule 104(b)
B. EXHIBITS:
Certificate stating that a copy of the report for the previous quarter has been filed with interested state commissions: EXHIBIT A
SIGNATURES
Pursuant to the requirements of the Public Utility Holding Company Act of 1935, National Fuel Gas Company has duly caused this report to be signed and authorized on its behalf by the undersigned.
Dated: August 30, 2004
NATIONAL FUEL GAS COMPANY
By: /s/ James R. Peterson
James R. Peterson
Assistant Secretary
EXHIBIT A
NATIONAL FUEL GAS
COMPANY
CERTIFICATE
The undersigned certifies that he is the duly designated and acting Assistant Secretary of National Fuel Gas Company, a New Jersey Corporation, and that the report on Form U-9C-3 for the previous quarter was filed with National Fuel Gas Company’s interested State Commissions whose names and addresses are listed below:
State of New York
Public Service Commission
3 Empire State Plaza
Albany, New York
12223-1350
Pennsylvania Public
Utility Commission
P.O. Box 3265
North Office
Building
Harrisburg, Pennsylvania 17120
IN WITNESS WHEREOF, I have hereunto set my hand as of the 30th day of August, 2004.
/s/ James R. Peterson
James R. Peterson
Assistant Secretary