[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Notices]
[Pages 62083-62084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25164]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 35-27570]


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

September 27, 2002.
    Notice is hereby given that the following filing has 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/
declaration for a complete statements of the proposed transaction 
summarized below. The application/declaration is available for public 
inspection through the Commission's Branch of Public Reference.
    Interested persons wishing to comment or request a hearing on the 
application/declaration should submit their views in writing by October 
22, 2002, to the Secretary, Securities and Exchange Commission, 
Washington, DC 20549-0609, and serve a copy on the relevant applicant/
declarant at the address 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 
October 22, 2002, the application/declaration, as filed or as amended, 
may be granted and/or permitted to become effective.

Allegheny Energy, Inc., et al. (70-7888)

    Allegheny Energy, Inc. (``Allegheny''), 10435 Downsville Pike, 
Hagerstown, Maryland, a registered public utility holding company; its 
direct wholly owned public utility company subsidiaries Monongahela 
Power Company (``Monongahela Power''), 1310 Fairmont Avenue, Fairmont, 
West Virginia 26554, The Potomac Edison Company (``Potomac Edison''), 
10435 Downsville Pike, Hagerstown, Maryland 21740 and West Penn Power 
Company (``West Penn''), 800 Cabin Hill Drive, Greensburg, Pennsylvania 
15601; its indirect wholly owned public utility subsidiaries 
Mountaineer Gas Company (Mountaineer Gas''),\1\ 414 Summers Street, 
Charleston, West Virginia 25301 and Allegheny Generating Company 
(``AGC''),\2\ 10435 Downsville Pike,

[[Page 62084]]

Hagerstown, Maryland 21740; and Allegheny Energy Service Corporation, 
(``AESC''), a direct service company subsidiary of Allegheny, 800 Cabin 
Hill Drive, Greensburg, Pennsylvania 15601 (collectively 
``Applicants'') have filed a post-effective amendment under sections 6, 
7, 9(a)(1), 10, 12(d), 12(f) and 13 of the Act, and rules 45, 53 and 54 
under the Act to their application-declaration originally filed under 
sections 6(a), 7, 9(a), 10 and 12(b) of the Act and rules 43, 45, 53 
and 54 under the Act (``Application'').
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    \1\ Mountaineer Gas is wholly owned by Monongahela.
    \2\ AGC is jointly owned by Monongahela (27%) and Allegheny 
Energy Supply Company, LLC (73%) both direct wholly owned public 
utility subsidiaries of Allegheny.
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    By orders dated January 29, 1992 (HCAR No. 25462), February 28, 
1992 (HCAR No. 25481), July 14, 1992 (HCAR No. 25581), November 5, 1993 
(HCAR No. 25919), November 28, 1995 (HCAR No. 26418), April 18, 1996 
(HCAR No. 26505), December 23, 1997 (HCAR No. 26804), May 19, 1999 
(HCAR No. 27030), October 8, 1999 (HCAR No.27084), and December 17, 
2001 (HCAR No. 27475) (``Prior Orders''), the Commission authorized, 
among other things, Allegheny, Monongahela, Potomac Edison, West Penn, 
AGC and AESC to establish and participate in a system money pool 
(``Money Pool'') and to issue short-term debt in the form of notes 
payable to banks (``Notes'') and commercial paper (``Commercial 
Paper''). The Prior Orders provide that Notes have a maturity of not 
more than 270 days after the date of issuance or renewal.
    In this post-effective amendment, Applicants seek authorization, 
through December 31, 2005, for Mountaineer Gas to participate in the 
Money Pool and to expand the term for Notes issued in this file from 
270 days to 364 days. Applicants are not seeking any other changes to 
the Money Pool agreement previously approved.
    Applicants seek authority to add Mountaineer Gas to the Money Pool 
as a borrower and a lender, subject to the terms and conditions of the 
Money Pool agreement authorized in the Prior Orders. Applicants state 
Mountaineer Gas, like Monongahela, Potomac Edison, and West Penn, will 
use the proceeds of the borrowings from the Money Pool to operate its 
business as a natural gas utility, including the financing of 
construction and property acquisitions. Mountaineer's authority to 
issue short-term debt is limited to an aggregate amount not to exceed 
$100 million,\3\ which limit will apply to any borrowings from the 
Money Pool.
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    \3\ HCAR 35-27210 (August 14, 2000) in SEC File No. 70-9625.
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    Applicants also seek to modify the Prior Orders to conform the 
Notes maturity to the general short-term debt maturity of 364 days.\4\ 
Applicants state the modification will allow Applicants to obtain bank 
financing consistent with the terms and documentation typically 
required by lending institutions, providing Applicants more ready 
access to bank financing or competitive rates and terms.
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    \4\ Allegheny was authorized in SEC File No. 70-9897 (HCAR 
27486, December 31, 2001) to issue short-term debt with a general 
maturity of not more than 364 days. Allegheny was specifically 
authorized to issue Notes and Commercial Paper with a maturity of 
not more that 270 days after the date of issuance or renewal. The 
Notes maturity was later extended to 364 days in HCAR 27521 (April 
17, 2002).

    For the Commission, by the Division of Investment Management, 
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 02-25164 Filed 10-2-02; 8:45 am]
BILLING CODE 8010-01-P