[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Notices]
[Pages 36941-36942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13299]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and 
Exchange Commission will hold the following meetings during the week of 
May 27, 2002:
    An open meeting will be held on Wednesday, May 29, 2002, at 10 
a.m., in Room 1C30, the William O. Douglas Room, and a closed meeting 
will be held on Thursday, May 30, 2002, at 10 a.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the closed meeting. 
Certain staff members who have an interest in the matters may also be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (9)(B), and (10) and 17 CFR 
200.402(a)(3), (5), (6), (7), (9)(ii) and (10), permit consideration of 
the scheduled matters at the closed meeting.
    The subject matter of the open meeting scheduled for Wednesday, May 
29, 2002, will be:
    1. The Commission will consider whether to issue an order approving 
the application by Xcel Energy Inc. (``Xcel Energy''), a registered 
holding company under the Public Utility Holding Company Act of 1935, 
as amended, and its wholly owned subsidiary, NRG Acquisition Company, 
LLC, to acquire the outstanding publicly held stock of Xcel Energy's 
majority owned subsidiary, NRG Energy, Inc., by means of a tender or 
exchange offer and to engage in related transactions. The Commission 
will also consider whether to grant a hearing requested by an 
individual shareholder of Xcel Energy.
    2. The Commission will consider whether to issue notices of two 
applications from Barclays Global Fund Advisors (Barclays) seeking 
certain exemptions from the Investment Company Act of 1940. One 
application seeks an order to permit Barclays to introduce exchange-
traded funds based on fixed income securities indices. The other 
application seeks an order to allow the shares of the proposed 
exchange-traded funds, as well as the shares of exchange-traded funds 
advised by Barclays and based on equity securities indices, to be sold 
in the secondary market without prospectus delivery when not required 
by the Securities Act of 1933.
    3. The Commission will consider a proposal by the options exchanges 
to amend the Options Intermarket Linkage Plan. The Commission also will 
consider proposing a repeal of Rule 11Ac1-7 under the Securities 
Exchange Act of 1934 and extending a temporary exemption for broker-
dealers from the requirements of the rule. Rule 11Ac1-7 requires a 
broker-dealer to disclose to its customer when the customer's order for 
listed options is executed at a price inferior to a better published 
quote, and to disclose the better published quote available at that 
time, unless the broker-dealer effects the transaction on an exchange 
that participates in an approved linkage plan.
    4. The Commission will consider whether to issue a release 
proposing for comment an amendment to paragraph (b)(3) of Rule 15c3-3. 
The provisions in this paragraph apply when broker-dealers borrow fully 
paid and excess margin securities from customers. The conditions for 
such borrowings include the requirement that broker-dealers

[[Page 36942]]

provide customers with full collateral consisting of certain specified 
financial instruments or cash. The amendment would allow broker-dealers 
to pledge such other collateral as the Commission designates as 
permissible by order as necessary or appropriate in the public interest 
and consistent with the protection of investors after giving 
consideration to the collateral's liquidity, volatility, market depth 
and location, and the issuer's creditworthiness.
    5. The Commission will consider whether to issue, jointly with the 
Commodity Futures Trading Commission, an order to permit certain 
foreign security index futures to continue to be treated as broad-based 
index futures.
    6. The Commission will consider a release proposing amendments to 
Rule 10b-10 under the Securities Exchange Act of 1934 (''Exchange 
Act'') and new Exchange Act Rule 11d2-1, which are designed to clarify 
the disclosures broker-dealers effecting transactions in security 
futures products in customers' futures accounts must make in the 
confirmations sent to customers regarding those transactions.
    The Commission will also consider issuing an exemptive order 
providing that broker-dealers effecting transactions in security 
futures products in customers' futures accounts are exempted from the 
requirements of Exchange Act Rule 10b-10 and Exchange Act Section 
11(d)(2) until the amendments to Exchange Act Rule 10b-10 and new Rule 
11d2-1 become effective.
    The subject matter of the closed meeting scheduled for Thursday, 
May 30, 2002, will be:
    Formal order of investigation;
    Institution and settlement of injunctive actions; and
    Institution and settlement of administrative proceedings of an 
enforcement nature.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items. For further information and to 
ascertain what, if any, matters have been added, deleted or postponed, 
please contact: The Office of the Secretary at (202) 942-7070.

    Dated: May 22, 2002.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 02-13299 Filed 5-22-02; 4:13 pm]
BILLING CODE 8010-01-P