[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Notices]
[Pages 23745-23746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11594]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 35-27390]


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

May 2, 2001.
    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 May 29, 2001, 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 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 issue in the 
matter. After May 29, 2001, the application(s) and/or declaration(s), 
as filed or as amended, may be granted and/or permitted to become 
effective.

Allegheny Energy, Inc., et al. (70-9833)

    Allegheny Energy, Inc. (``Allegheny''), 10435 Downsville Pike, 
Hagerstown, Maryland 21740, a registered holding company, and Allegheny 
Energy Supply

[[Page 23746]]

Company, LLC (``AE Supply''), R.R. 12, P.O. Box 1000, Roseytown Road, 
Greensburg, Pennsylvania 15601, a utility subsidiary of Allegheny, 
(collectively, ``Applicants'') have filed a declaration under sections 
6(a), 7, and 12(d) of the Act and rules 44 and 54 under the Act.
    In accordance with an Asset Contribution and Purchase Agreement 
dated January 8, 2001 (``Agreement''), AE Supply and Allegheny Energy 
Global Markets, LLC, AE Supply's newly formed rule 58 company, acquired 
Global Energy Markets (``GEM''), the energy commodity marketing and 
trading unit of Merrill Lynch & Co., Inc. (``Merrill Lynch''), on March 
16, 2001 (``Closing Date'').\1\ The purchase price for GEM was $490 
million, paid on the Closing Date, and 2% of the membership interests 
in AE Supply (``Membership Interests''). The sale of the Membership 
Interests is contingent upon the approval of the Commission. The 
Agreement further provides that if the Commission does not approve the 
sale of the Membership Interests, Allegheny, AE Supply, and Allegheny 
Energy Global Markets, LLC, are obligated to make an additional cash 
payment to Merrill Lynch. Accordingly, Applicants request authorization 
to sell the Membership Interests to Merrill Lynch.
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    \1\ Applicants state that the acquisition of GEM was exempt from 
section 9(a) of the Act because GEM is an energy-related company 
under rule 58 of the Act.

    For the Commission, by the Division of Investment Management, 
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary
[FR Doc. 01-11594 Filed 5-8-01; 8:45 am]
BILLING CODE 8010-01-M