[Federal Register Volume 70, Number 149 (Thursday, August 4, 2005)]
[Notices]
[Pages 44956-44957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4153]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 35-28005]


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

July 27, 2005
    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 August 23, 2005, to the Secretary, Securities and Exchange 
Commission, Washington, DC 20549-9303, 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 issued in 
the matter. After August 23, 2005, the application(s) and/or 
declaration(s), as filed or as amended, may be granted and/or permitted 
to become effective.

American Electric Power Company, Inc., et al. (70-10317)

    American Electric Power Company, Inc. (``AEP''), a registered 
public-utility holding company, and Columbus Southern Power Company 
(``CSP''), a wholly owned electric utility subsidiary of AEP (together, 
``Applicants''), both located at 1 Riverside Plaza, Columbus Ohio 
43215, have filed an application-declaration (``Application'') with the 
Commission under sections 9(a)(1) and 10 of the Act and rule 54.
    CSP is requesting authority to purchase the Waterford Energy 
Center, a natural-gas fired combined cycle power

[[Page 44957]]

plant (``Waterford Facility'') and an exempt wholesale generator, as 
defined under section 32 of the Act (``EWG''), from Public Service 
Enterprise Group, Incorporated (``PSE''), an electric and gas utility 
holding company that claims exemption from registration under section 
3(a)(1) of the Act by rule 2, and PSEG Power LLC, a wholly owned 
subsidiary of PSE (together, ``PSEG'').

I. Background

    CSP is engaged in the generation, transmission and distribution of 
electric power to approximately 707,000 retail customers in Ohio and in 
supplying and marketing electric power at wholesale to other electric 
utilities, municipalities and other market participants.\1\ Applicants 
state that the Waterford Facility has a nominal generating capacity of 
821 megawatts and is located in southeastern Ohio and that its sellers, 
PSE PSEG Power LLC, are a New Jersey corporation and a wholly owned 
Delaware subsidiary, respectively.
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    \1\ Applicants state that CSP was organized in Ohio in 1937, 
with its earliest direct predecessor company having been organized 
in 1883. CSP's service area is comprised of two areas in Ohio. One 
area includes the City of Columbus and the other is a predominantly 
rural area in south central Ohio. Applicants also state that, in 
addition to its AEP system interconnections, CSP is interconnected 
with several unaffiliated utility companies and that it joined PJM 
on October 1, 2004.
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II. The Proposed Transaction

    CSP proposes to purchase the Waterford Facility from PSEG, having 
entered into a purchase and sale agreement dated as of May 24, 2005 
(``Purchase Agreement''), for a purchase price of $220,000,000 
(``Purchase Price'').
    Applicants anticipate a closing date for the proposed transaction 
in the third quarter of 2005. Applicants state they propose that PSEG 
will sell and transfer to CSP, and CSP will purchase from PSEG, 
substantially all of the assets and related liabilities associated with 
the Waterford Facility and that PSEG will deliver the assets and 
related liabilities, free and clear of any mortgage, lien or other 
security.
    Applicants also state that, under an interconnection and operation 
agreement between PSEG and American Electric Power Service Corporation 
(the service company affiliate of CSP) dated as of October 20, 2000 
(``Interconnection Agreement''), the Waterford Facility is 
interconnected with CSP's transmission grid owned and its public 
utility affiliates. Applicants state that, as part of the proposed 
transaction, all of PSEG's rights and obligations under the 
Interconnection Agreement will be assigned to CSP. Applicants further 
state that, upon completion of the Waterford Facility acquisition, the 
facility will be integrated with AEP's electric public-utility system 
and the Waterford Facility will no longer be an EWG.

    For the Commission, by the Division of Investment Management, 
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-4153 Filed 8-3-05; 8:45 am]
BILLING CODE 8010-01-P