Filings Under the Public Utility Holding Company Act of 1935, as Amended (“Act”), 44956-44957 [E5-4153]

Download as PDF 44956 Federal Register / Vol. 70, No. 149 / Thursday, August 4, 2005 / Notices Dated: July 27, 2005. Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–4141 Filed 8–3–05; 8:45 am] Electronic Comments BILLING CODE 8010–01–P Paper comments: • Send an e-mail to rulecomments@sec.gov. Please include the File Number 1–04534 or; SECURITIES AND EXCHANGE COMMISSION Issuer Delisting; Notice of Application of Air Products and Chemicals, Inc. To Withdraw Its Common Stock, $1.00 Par Value, From Listing and Registration on the Pacific Exchange, Inc. File No. 1-04534 July 28, 2005. On July 1, 2005, Air Products and Chemicals, Inc. a Delaware corporation (‘‘Issuer’’), filed an application with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 12(d) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 12d2–2(d) thereunder,2 to withdraw its common stock, $1.00 par value (‘‘Security’’), from listing and registration on the Pacific Exchange, Inc. (‘‘PCX’’). The Board of Directors (‘‘the Board’’) of the Issuer approved resolutions on May 19, 2005 to withdraw the Security from listing and registration on PCX. The Issuer stated the Board decided to withdraw the Security from PCX to eliminate duplicative regulatory activity and the associated administrative burden of listing on two exchanges since the Security is currently listed on the New York Stock Exchange, Inc. (‘‘NYSE’’) and PCX. The Issuer stated in its application that it has complied with applicable rules of PCX by providing PCX with the required documents governing the withdrawal of securities from listing and registration on PCX. The Issuer’s application relates solely to the withdrawal of the Security from listing on PCX and shall not affect its continued listing on NYSE or its obligation to be registered under Section 12(b) of the Act.3 Any interested person may, on or before August 23, 2005 comment on the facts bearing upon whether the application has been made in accordance with the rules of PCX, and what terms, if any, should be imposed by the Commission for the protection of investors. All comment letters may be submitted by either of the following methods: 1 U.S.C. 78l(d). CFR 240.12d2–2(d). 3 15 U.S.C. 78l(b). BILLING CODE 8010–01–P • Send paper comments in triplicate to Jonathan G. Katz, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–9303. All submissions should refer to File Number 1–04534. This file number should be included on the subject line if e-mail is used. To help us process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site (https://www.sec.gov/rules/ delist.shtml). Comments are also available for public inspection and copying in the Commission’s Public Reference Room. All comments received will be posted without change; we do not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. The Commission, based on the information submitted to it, will issue an order granting the application after the date mentioned above, unless the Commission determines to order a hearing on the matter. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.4 Jonathan G. Katz, Secretary. [FR Doc. E5–4132 Filed 8–3–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: [70 FR 43725, July 28, 2005]. Closed meeting. 100 F Street, NE., Washington, STATUS: PLACE: DC. DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING: Thursday, August 4, 2005 at 2 p.m. Cancellation of meeting. The Closed Meeting scheduled for Thursday, August 4, 2005 has been cancelled. For further information please contact the Office of the Secretary at (202) 551– 5400. CHANGE IN THE MEETING: 2 17 VerDate jul<14>2003 16:23 Aug 03, 2005 4 17 Jkt 205001 PO 00000 CFR 200.30–3(a)(1). Frm 00074 Fmt 4703 Dated: August 2, 2005. Jonathan G. Katz, Secretary. [FR Doc. 05–15507 Filed 8–2–05; 12:05 pm] Sfmt 4703 SECURITIES AND EXCHANGE COMMISSION [Release No. 35–28005] Filings Under the Public Utility Holding Company Act of 1935, as Amended (‘‘Act’’) July 27, 2005 Notice is hereby given that the following filing(s) has/have been made with the Commission pursuant to provisions of the Act and rules promulgated under the Act. All interested persons are referred to the application(s) and/or declaration(s) for complete statements of the proposed transaction(s) summarized below. The application(s) and/or declaration(s) and any amendment(s) is/are available for public inspection through the Commission’s Branch of Public Reference. Interested persons wishing to comment or request a hearing on the application(s) and/or declaration(s) should submit their views in writing by August 23, 2005, to the Secretary, Securities and Exchange Commission, Washington, DC 20549–9303, and serve a copy on the relevant applicant(s) and/ or declarant(s) at the address(es) specified below. Proof of service (by affidavit or, in the case of an attorney at law, by certificate) should be filed with the request. Any request for hearing should identify specifically the issues of facts or law that are disputed. A person who so requests will be notified of any hearing, if ordered, and will receive a copy of any notice or order issued in the matter. After August 23, 2005, the application(s) and/or declaration(s), as filed or as amended, may be granted and/or permitted to become effective. American Electric Power Company, Inc., et al. (70–10317) American Electric Power Company, Inc. (‘‘AEP’’), a registered public-utility holding company, and Columbus Southern Power Company (‘‘CSP’’), a wholly owned electric utility subsidiary of AEP (together, ‘‘Applicants’’), both located at 1 Riverside Plaza, Columbus Ohio 43215, have filed an applicationdeclaration (‘‘Application’’) with the Commission under sections 9(a)(1) and 10 of the Act and rule 54. CSP is requesting authority to purchase the Waterford Energy Center, a natural-gas fired combined cycle power E:\FR\FM\04AUN1.SGM 04AUN1 Federal Register / Vol. 70, No. 149 / Thursday, August 4, 2005 / Notices plant (‘‘Waterford Facility’’) and an exempt wholesale generator, as defined under section 32 of the Act (‘‘EWG’’), from Public Service Enterprise Group, Incorporated (‘‘PSE’’), an electric and gas utility holding company that claims exemption from registration under section 3(a)(1) of the Act by rule 2, and PSEG Power LLC, a wholly owned subsidiary of PSE (together, ‘‘PSEG’’). I. Background CSP is engaged in the generation, transmission and distribution of electric power to approximately 707,000 retail customers in Ohio and in supplying and marketing electric power at wholesale to other electric utilities, municipalities and other market participants.1 Applicants state that the Waterford Facility has a nominal generating capacity of 821 megawatts and is located in southeastern Ohio and that its sellers, PSE PSEG Power LLC, are a New Jersey corporation and a wholly owned Delaware subsidiary, respectively. II. The Proposed Transaction CSP proposes to purchase the Waterford Facility from PSEG, having entered into a purchase and sale agreement dated as of May 24, 2005 (‘‘Purchase Agreement’’), for a purchase price of $220,000,000 (‘‘Purchase Price’’). Applicants anticipate a closing date for the proposed transaction in the third quarter of 2005. Applicants state they propose that PSEG will sell and transfer to CSP, and CSP will purchase from PSEG, substantially all of the assets and related liabilities associated with the Waterford Facility and that PSEG will deliver the assets and related liabilities, free and clear of any mortgage, lien or other security. Applicants also state that, under an interconnection and operation agreement between PSEG and American Electric Power Service Corporation (the service company affiliate of CSP) dated as of October 20, 2000 (‘‘Interconnection Agreement’’), the Waterford Facility is interconnected with CSP’s transmission grid owned and its public utility affiliates. Applicants state that, as part of the proposed transaction, all of PSEG’s rights and obligations under the Interconnection Agreement will be assigned to CSP. Applicants further 1 Applicants state that CSP was organized in Ohio in 1937, with its earliest direct predecessor company having been organized in 1883. CSP’s service area is comprised of two areas in Ohio. One area includes the City of Columbus and the other is a predominantly rural area in south central Ohio. Applicants also state that, in addition to its AEP system interconnections, CSP is interconnected with several unaffiliated utility companies and that it joined PJM on October 1, 2004. VerDate jul<14>2003 16:23 Aug 03, 2005 Jkt 205001 44957 state that, upon completion of the Waterford Facility acquisition, the facility will be integrated with AEP’s electric public-utility system and the Waterford Facility will no longer be an EWG. The text of the proposed rule change is available on the Exchange’s Web site (https://www.bostonstock.com), at the Exchange’s Office of the Secretary, and at the Commission’s Public Reference Room. For the Commission, by the Division of Investment Management, pursuant to delegated authority. Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–4153 Filed 8–3–05; 8:45 am] II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–52166; File No. SR–BSE– 2005–34] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend a Pilot Program Relating to Boston Options Exchange Trading Rules Regarding Market Opening Procedures July 29, 2005. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on July 28, 2005, the Boston Stock Exchange, Inc. (‘‘BSE’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. Pursuant to Section 19(b)(3)(A) of the Act,3 and Rule 19b– 4(f)(6) thereunder,4 the Exchange has designated this proposal as ‘‘noncontroversial,’’ which renders the proposed rule change effective immediately upon filing with the Commission.5 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to extend the pilot program (‘‘Pilot Program’’) for a provision of its Boston Options Exchange (‘‘BOX’’) trading rules regarding its market opening procedures for one year through August 6, 2006. U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(6). 5 The BSE has asked the Commission to waive the five-day pre-filing notice requirement and the 30day operative delay. See Rule 19b–4(f)(6)(iii), 17 CFR 240.19b–4(f)(6)(iii). See also discussion infra Section III. PO 00000 1 15 2 17 Frm 00075 Fmt 4703 Sfmt 4703 A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to extend the Pilot Program for a section of the Rules of the Boston Options Exchange (the ‘‘BOX Rules’’) relating to opening the market until August 6, 2006. Chapter V, Doing Business on BOX, Section 9, Opening the Market, establishes guidelines regarding market opening procedures (‘‘Market Opening Rules’’). On February 4, 2004, the Commission approved the guidelines, as set forth in the BOX Rules, on a pilot basis through August 6, 2004 6 and extended the Pilot Program for another year on August 6, 2004.7 The Exchange now seeks to extend the pilot for another year, until August 6, 2006. According to the BOX Market Opening Rules, for a period of at least one hour prior to the start of trading each day, the BOX Trading Host is in Pre-Opening Phase. During the PreOpening Phase, Options Participants are able to enter, modify and cancel orders and quotes, as well as Limit Orders from previous trading sessions which are still valid (e.g. ‘‘Good Till Cancelled’’ orders) that are automatically brought to the new Pre-Opening Phase and are available for modification and cancellation. A Theoretical Opening Price (‘‘TOP’’), which is the price which 6 See Securities Exchange Act Release No. 49192 (February 4, 2004), 69 FR 7051 (February 12, 2004) (SR–BSE–2004–05). 7 See Securities Exchange Act Release No. 50163 (August 6, 2004) 69 FR 50230 (August 13, 2004) (SR–BSE–2004–28). E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

[Federal Register Volume 70, Number 149 (Thursday, August 4, 2005)]
[Notices]
[Pages 44956-44957]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4153]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 35-28005]


Filings Under the Public Utility Holding Company Act of 1935, as 
Amended (``Act'')

July 27, 2005
    Notice is hereby given that the following filing(s) has/have been 
made with the Commission pursuant to provisions of the Act and rules 
promulgated under the Act. All interested persons are referred to the 
application(s) and/or declaration(s) for complete statements of the 
proposed transaction(s) summarized below. The application(s) and/or 
declaration(s) and any amendment(s) is/are available for public 
inspection through the Commission's Branch of Public Reference.
    Interested persons wishing to comment or request a hearing on the 
application(s) and/or declaration(s) should submit their views in 
writing by August 23, 2005, to the Secretary, Securities and Exchange 
Commission, Washington, DC 20549-9303, and serve a copy on the relevant 
applicant(s) and/or declarant(s) at the address(es) specified below. 
Proof of service (by affidavit or, in the case of an attorney at law, 
by certificate) should be filed with the request. Any request for 
hearing should identify specifically the issues of facts or law that 
are disputed. A person who so requests will be notified of any hearing, 
if ordered, and will receive a copy of any notice or order issued in 
the matter. After August 23, 2005, the application(s) and/or 
declaration(s), as filed or as amended, may be granted and/or permitted 
to become effective.

American Electric Power Company, Inc., et al. (70-10317)

    American Electric Power Company, Inc. (``AEP''), a registered 
public-utility holding company, and Columbus Southern Power Company 
(``CSP''), a wholly owned electric utility subsidiary of AEP (together, 
``Applicants''), both located at 1 Riverside Plaza, Columbus Ohio 
43215, have filed an application-declaration (``Application'') with the 
Commission under sections 9(a)(1) and 10 of the Act and rule 54.
    CSP is requesting authority to purchase the Waterford Energy 
Center, a natural-gas fired combined cycle power

[[Page 44957]]

plant (``Waterford Facility'') and an exempt wholesale generator, as 
defined under section 32 of the Act (``EWG''), from Public Service 
Enterprise Group, Incorporated (``PSE''), an electric and gas utility 
holding company that claims exemption from registration under section 
3(a)(1) of the Act by rule 2, and PSEG Power LLC, a wholly owned 
subsidiary of PSE (together, ``PSEG'').

I. Background

    CSP is engaged in the generation, transmission and distribution of 
electric power to approximately 707,000 retail customers in Ohio and in 
supplying and marketing electric power at wholesale to other electric 
utilities, municipalities and other market participants.\1\ Applicants 
state that the Waterford Facility has a nominal generating capacity of 
821 megawatts and is located in southeastern Ohio and that its sellers, 
PSE PSEG Power LLC, are a New Jersey corporation and a wholly owned 
Delaware subsidiary, respectively.
---------------------------------------------------------------------------

    \1\ Applicants state that CSP was organized in Ohio in 1937, 
with its earliest direct predecessor company having been organized 
in 1883. CSP's service area is comprised of two areas in Ohio. One 
area includes the City of Columbus and the other is a predominantly 
rural area in south central Ohio. Applicants also state that, in 
addition to its AEP system interconnections, CSP is interconnected 
with several unaffiliated utility companies and that it joined PJM 
on October 1, 2004.
---------------------------------------------------------------------------

II. The Proposed Transaction

    CSP proposes to purchase the Waterford Facility from PSEG, having 
entered into a purchase and sale agreement dated as of May 24, 2005 
(``Purchase Agreement''), for a purchase price of $220,000,000 
(``Purchase Price'').
    Applicants anticipate a closing date for the proposed transaction 
in the third quarter of 2005. Applicants state they propose that PSEG 
will sell and transfer to CSP, and CSP will purchase from PSEG, 
substantially all of the assets and related liabilities associated with 
the Waterford Facility and that PSEG will deliver the assets and 
related liabilities, free and clear of any mortgage, lien or other 
security.
    Applicants also state that, under an interconnection and operation 
agreement between PSEG and American Electric Power Service Corporation 
(the service company affiliate of CSP) dated as of October 20, 2000 
(``Interconnection Agreement''), the Waterford Facility is 
interconnected with CSP's transmission grid owned and its public 
utility affiliates. Applicants state that, as part of the proposed 
transaction, all of PSEG's rights and obligations under the 
Interconnection Agreement will be assigned to CSP. Applicants further 
state that, upon completion of the Waterford Facility acquisition, the 
facility will be integrated with AEP's electric public-utility system 
and the Waterford Facility will no longer be an EWG.

    For the Commission, by the Division of Investment Management, 
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-4153 Filed 8-3-05; 8:45 am]
BILLING CODE 8010-01-P
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