[Federal Register Volume 64, Number 195 (Friday, October 8, 1999)] [Notices] [Page 54939] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-26254] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 35-27080] Filings Under the Public Utility Holding Company Act of 1935, as Amended (``Act'') October 1, 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 application(s) and/or declaration(s) should submit their views in writing by October 26, 1999, to the Secretary, Securities and Exchange Commission, Washington, DC 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 October 26, 1999, the application(s) and/or declaration(s), as filed or as amended, may be granted and/or permitted to become effective. Alabama Power Company (70-9547) Alabama Power Company (``APC''), 600 North 18th Street, Birmingham, Alabama 35291, a wholly owned public utility subsidiary of The Southern Company, a registered holding company, has filed an application- declaration under sections 9(a), 10 and 12(d) of the Act, and rules 44 and 54 under the Act. By Alabama state statute (``Territorial Act''), Alabama grants the primary electric supplier within each municipality in Alabama the option (``Option'') to acquire all distribution facilities of any secondary electric supplier used to supply retail electric service within the particular municipal limits.\1\ The Territorial Act also establishes a method for detemining the price to be paid for those facilities. APC and other primary electric suppliers have exercised the Option in a timely fashion. --------------------------------------------------------------------------- \1\ The primary and secondary electric suppliers in the municipalities affected by the Territorial Act, other than Alabama Power, are comprised of electric membership corporations, rural electric cooperatives and/or municipally owned electric distributors. --------------------------------------------------------------------------- APC has exercised the Option in those municipalities where it is the primary electric supplier, and, accordingly, proposes to purchase the distribution facilities of the secondary electric supplier in accordance with the provisions of the Territorial Act. The consideration APC will pay for these facilities will not exceed, in the aggregate, $20 million. Once APC acquires the facilities, it will immediately connect them to other distribution facilities owned by APC. In some municipalities APC is the secondary electric supplier, and has received timely notice of the exercise of the Option from the primary electric supplier in the particular municipality. In these cases, APC proposes to sell the facilities for amounts to be determined in accordance with the Territorial Act, which amounts will not exceed $10 million in the aggregate. Once these facilities are sold, they will be disconnected from APC's distribution system. For the Commission by the Division of Investment Management, under delegated authority. Jonathan G. Katz, Secretary. [FR Doc. 99-26254 Filed 10-7-99; 8:45 am] BILLING CODE 8010-01-M