File No. 70-10090
United States Securities and Exchange Commission
Washington, D.C. 20549
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Amendment No. 2
to
Form U-1
Application
Under
The Public Utility Holding Company Act of 1935
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E.ON AG
E.ON-Platz 1
40479 Dusseldorf
Germany
(Names of companies filing this statement
and addresses of principal executive offices)
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E.ON AG
(Name of top registered holding company)
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Dr. Guntram Wuerzberg
Vice President General Legal Affairs
E.ON AG
E.ON-Platz 1
40479 Dusseldorf
Germany
Telephone: 011-49-211-4579-388
Facsimile: 011-49-211-4579-610
(Names and addresses of agents for service)
The Commission is also requested to
send copies of any communication in
connection with this matter to:
Tia S. Barancik LeBoeuf,
Lamb, Greene & MacRae, L.L.P.
125 West 55th Street
New York, NY 10019-5389
Telephone: (212) 424-8455
Facsimile: (212) 424-8500
Markian M. W. Melnyk
LeBoeuf, Lamb, Greene & MacRae, L.L.P.
1875 Connecticut Ave., N.W.
Washington, D.C. 20009-5728
Telephone: (202) 986-8212
Facsimile: (202) 986-8102
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FORM U-1
APPLICATION UNDER
THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
On September 26, 2002, E.ON AG ("E.ON") filed an Application on Form
U-1 in SEC File No. 70-10090. The Application requested an extension until
December 31, 2004 of the deadline set by prior Commission order/1 to divest part
of E.ON's interest in Hypo-Vereinsbank AG ("HVB").
In Amendment No. 1, filed on December 30, 2002, E.ON amended the
Application to request that the Commission authorize an immediate extension of
the divestiture deadline until March 31, 2003. E.ON also requested that the
Commission reserve jurisdiction over any further extension of the divestiture
deadline until such time as the record is deemed complete with respect such
extension.
By order dated December 31, 2002, Holding Co. Act Release No. 27632,
the Commission granted E.ON's request, as amended by Amendment No. 1, and
extended the partial divestiture of E.ON's HVB interest until March 31, 2003,
with a reservation of jurisdiction over subsequent extensions.
E.ON no longer seeks a further extension of the deadline to divest its
HVB interest and it will not seek a release of jurisdiction with respect
thereto. Accordingly, E.ON hereby withdraws its Application in File No. 70-10090
to the extent of the pending request for a divestiture deadline extension until
December 31, 2004.
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1 E.ON AG, Holding Co. Act Release No. 27539 (June 14, 2002).
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SIGNATURES
Pursuant to the requirements of the Public Utility Holding Company Act
of 1935, the Applicant has duly caused this Application to be signed on its
behalf by the undersigned thereunto duly authorized.
Date: February 7, 2003 E.ON AG
By: /s/ Dr. Guntram Wurzberg
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Name: Dr. Guntram Wurzberg
Title: Vice President General Legal Affairs
By: /s/ Dr. Patrick Wolff
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Name: Dr. Patrick Wolff
Title: General Legal Affairs
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