[Federal Register Volume 64, Number 107 (Friday, June 4, 1999)]
[Notices]
[Pages 30075-30076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14208]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 35-27033]
Filings Under the Public Utility Holding Company Act of 1935, as
Amended (``Act'')
May 28, 1999.
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 amendments 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
[[Page 30076]]
application(s) and/or declaration(s) should submit their views in
writing by June 22, 1999, to the Secretary, Securities and Exchange
Commission, Washington, D.C. 20549-0609, 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 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 June 22, 1999, the application(s) and/or
declaration(s), as filed or as amended, may be granted and/or permitted
to become effective.
Conectiv, et al. (70-9499)
Conectiv, a registered public utility holding company, Atlantic
City Electric Company (``ACE''), and Delmarva Power & Light Company
(``Delmarva''), both utility subsidiaries of Conectiv (``Applicants''),
all located at 800 King Street, Wilmington, Delaware 19899, have filed
a declaration under section 12(c) of the Act and rules 46(a) and 54
under the Act.
Applicants note that each of the states in which ACE and Delmarva
operate, i.e., New Jersey, Delaware, Maryland and Virginia, has enacted
restructuring legislation that is intended to result in competition for
the supply component of the price ACE and Delmarva charge to their
retail customers. Applicants state that because of this legislation,
certain costs that ACE and Delmarva have incurred to serve their
customers (``stranded costs'') may not be recoverable from these
customers. Applicants expect that the utility commissions in Delaware,
Maryland and Virginia will issue orders in the second and third
quarters (``Restructuring Orders'') that will allow applicants to
quantify the amount of stranded costs that ACE and Delmarva will have
to charge to their retained earnings.
Applicants state that these charges may have an effect on
Applicants' abilities to pay dividends out of retained earnings. For
this reason, each Applicant seeks authority to pay dividends out of
capital or unearned surplus should the charges to retained earnings
exceed its level of retained earnings at the time of the charge.
Specifically, Conectiv requests authority to pay dividends with
respect to its common stock and Class A common stock for up to six
quarters in amounts that would aggregate up to approximately $144
million.\1\ ACE requests authority to pay dividends out of capital or
unearned surplus to preferred stockholders and to Conectiv as the
holder of ACE common stock for up to four quarters in amounts that
would aggregate up to approximately $52 million.\2\ Delmarva requests
authority to pay dividends out of capital or unearned surplus to
preferred stockholders and to Conectiv as the holder of Delmarva common
stock for up to four quarters in amounts that would aggregate up to
approximately $52.4 million.\3\
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\1\ This represents approximately ten percent of Conectiv's
capital surplus as of March 31, 1999.
\2\ This represents eleven percent of the ACE capital surplus as
of March 31, 1999.
\3\ This represents approximately ten percent of Delmarva's
capital surplus as of March 31, 1999.
For the Commission by the Division of Investment Management,
under delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 99-14208 Filed 6-3-99; 8:45 am]
BILLING CODE 8010-01-M