[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Pages 54173-54174]
[FR Doc No: 2016-19316]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78511; File No. SR-CBOE-2016-049]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Designation of Longer Period for Commission
Action on Proposed Rule Change To List Options That Overlie the FTSE
Developed Europe Index and the FTSE Emerging Index, To Raise the
Comprehensive Surveillance Agreement Percentage Applicable to Certain
Index Options, and To Amend the Maintenance Listing Criteria Applicable
to Certain Index Options

August 9, 2016.
    On June 15, 2016, Chicago Board Options Exchange, Incorporated
(``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade options that overlie the FTSE
Developed Europe Index and the FTSE Emerging Index, raise the
comprehensive surveillance agreement percentage applicable to options
that overlie the MSCI EAFE Index and the MSCI Emerging Markets Index
(``EAFE options'' and ``EM options''), and amend the maintenance
listing criteria applicable to EAFE options, EM options, FTSE 100 Index
options, and FTSE China 50 Index options. The proposed rule change was
published for comment in the Federal Register on July 1, 2016.\3\ The
Commission has received no comment letters on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 78177 (June 28,
2016), 81 FR 43308.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents,

the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is August 15, 2016.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider and
take action on the Exchange's proposed rule change.
    Accordingly, pursuant to Section 19(b)(2)(A)(ii)(I) of the Act \5\
and for the reasons stated above, the Commission designates September
29, 2016, as the date by which the Commission should either approve or
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-CBOE-2016-049).
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    \5\ 15 U.S.C. 78s(b)(2)(A)(ii)(I).
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19316 Filed 8-12-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Notices]
[Page 61040-61041]
[DOCID:fr17oc06-87]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-470-000; Docket Nos. CP06-471-000; CP06-472-000; CP06-
473-000; Docket No. CP06-474-000]

Southern LNG, Inc.; Elba Express Company, L.L.C.; Southern
Natural Gas Company; Notice of Applications

October 10, 2006.
    Take notice that on September 29, 2006, Southern LNG, Inc. (SLNG),
Elba Express Company, L.L.C. (EEC), and Southern Natural Gas Company
(SNG), Post Office Box 2563, Birmingham, Alabama 35202-2563,
concurrently filed related applications under sections 3 and 7 of the
Natural Gas Act (NGA) and Parts 153,157, 284 and 380 of the
Commission's regulations for authorizations necessary to expand SLNG's
liquefied natural gas (LNG) import terminal in Georgia and to
construct, operate and acquire facilities to move re-vaporized LNG to
downstream markets in the United States. The projects are collectively
known as the Elba III Project, all as more fully set forth in the
application which is on file with the Commission and open for public
inspection. These filings are available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for
TTY, contact<PHONE_NUMBER>.
    SLNG seeks authorization under section 3 of the NGA to expand its
existing LNG import terminal on Elba Island in Chatham County, Georgia
in two phases by: (i) Constructing two new LNG storage tanks, each
having a storage capacity equivalent to 4.22 Bcf, (ii) constructing
additional facilities to provide 900 MMcf per day of vaporization
capacity at the end of phase two, and (iii) modifying marine facilities
to accommodate larger LNG tankers and speed simultaneous unloading of
two LNG tankers. SLNG proposes to provide service from the expansion
under proposed Rate Schedule LNG-3 and also seeks authority to provide
service under negotiated rates. Finally, SLNG seeks authority under
section 7(b) of the NGA to abandon an unutilized dock.
    EEC requests authority under section 7(c) of the NGA to: (i)
Acquire an undivided interest in SNG's Twin 30s pipelines which extend
from SLNG's Elba Island terminal to SNG's pipeline system in Port
Wentworth, Georgia; (ii) construct and operate a new 42-inch and 36-
inch diameter, approximately 189 mile interstate pipeline extending
from Port Wentworth through Effingham, Screven, Jenkins, Burke,
Jefferson, Glascock, Warren, McDuffie, Wilkes, and Elbert Counties,
Georgia to interconnections with Transcontinental Gas Pipe Line
Corporation (Transco) in Hart County, Georgia and Anderson County,
South Carolina; and to construct and operate a 10,000 horsepower
compressor station on the new line in Jenkins County. Upon installation
of the compression the pipeline will be able to provide up to 1,175
MMcf per day of transportation to the Transco interconnections. EEC
also requests blanket construction and

transportation certificates pursuant to Parts 157 and 284 of the
Commission's regulations, respectively, and approval of its pro forma
transportation tariff.
    SNG seeks authority to transfer pursuant to section 7(b) of the NGA
an undivided interest in its Twin 30s pipelines to EEC and seeks
authority under section 7(c) to acquire an undivided interest in a
portion of the pipeline proposed by EEC.
    Any questions regarding this application should be directed to
James D. Johnston, Senior Counsel, Southern Natural Gas Company, 1900
Fifth Avenue North, Birmingham, Alabama 35203, telephone:<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>    On February 1, 2006, the Commission granted SNG's request to
utilize the National Environmental Policy Act (NEPA) Pre-Filing Process
and assigned Docket No. PF06-14-000 to staff activities involving the
Elba III Project. Now, as of the filing of these applications on
September 29, 2006, the NEPA Pre-Filing Process for this project has
ended. From this time forward, the Elba III Project proceeding will be
conducted in the docket numbers listed above in the caption of this
Notice.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the below listed comment date, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: October 31, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-17200 Filed 10-16-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Notices]
[Pages 28435-28438]
[FR Doc No: 2018-13091]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1834]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Federal
Regulations. The LOMR will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will be finalized on the dates
listed in the table below and revise the FIRM panels and FIS report in
effect prior to this determination for the listed communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                          Online location of
        State and county           Location and case        officer of         Community map         letter of map     Date of modification   Community
                                          No.               community            repository            revision                                  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arkansas: Pulaski...............  City of Little Rock  The Honorable Mark   Department of        https://msc.fema.gov/ Sep. 4, 2018........       050181
                                   (18-06-0091P).       Stodola, Mayor,      Public Works, 701    portal/
                                                        City of Little       West Markham         advanceSearch.
                                                        Rock, 500 West       Street, Little
                                                        Markham Street,      Rock, AR 72201.
                                                        Room 203, Little
                                                        Rock, AR 72201.
Connecticut: Fairfield..........  City of Norwalk (18- The Honorable Harry  Planning and Zoning  https://msc.fema.gov/ Aug. 17, 2018.......       090012
                                   01-0702P).           W. Rilling, Mayor,   Department, 125      portal/
                                                        City of Norwalk,     East Avenue,         advanceSearch.
                                                        125 East Avenue,     Norwalk, CT 06851.
                                                        Norwalk, CT 06851.
Florida:
    Alachua.....................  Unincorporated       The Honorable Lee    Alachua County       https://msc.fema.gov/ Sep. 7, 2018........       120001
                                   areas of Alachua     Pinkoson,            Public Works         portal/
                                   County (18-04-       Chairman, Alachua    Department, 5620     advanceSearch.
                                   2705X).              County Board of      Northwest 120th
                                                        Commissioners, 12    Lane, Gainesville,
                                                        Southeast 1st        FL 32653.
                                                        Street,
                                                        Gainesville, FL
                                                        32601.

    Lee.........................  City of Sanibel (18- The Honorable Kevin  Planning             https://msc.fema.gov/ Aug. 17, 2018.......       120402
                                   04-1789P).           Ruane, Mayor, City   Department, 800      portal/
                                                        of Sanibel, 800      Dunlop Road,         advanceSearch.
                                                        Dunlop Road,         Sanibel, FL 33957.
                                                        Sanibel, FL 33957.
    Orange......................  Unincorporated       The Honorable        Orange County Storm  https://msc.fema.gov/ Aug. 17, 2018.......       120179
                                   areas of Orange      Teresa Jacobs,       Water Management     portal/
                                   County (17-04-       Mayor, Orange        Department, 4200     advanceSearch.
                                   8126P).              County, 201 South    South John Young
                                                        Rosalind Avenue,     Parkway, Orlando,
                                                        5th Floor,           FL 32839.
                                                        Orlando, FL 32801.
    Pinellas....................  City of Dunedin (18- Ms. Jennifer K.      Planning and         https://msc.fema.gov/ Sep. 4, 2018........       125103
                                   04-2226P).           Bramley, Manager,    Development          portal/
                                                        City of Dunedin,     Department, 737      advanceSearch.
                                                        542 Main Street,     Louden Avenue, 2nd
                                                        Dunedin, FL 34698.   Floor, Dunedin, FL
                                                                             34698.
    Polk........................  Unincorporated       The Honorable R.     Polk County Land     https://msc.fema.gov/ Aug. 16, 2018.......       120261
                                   areas of Polk        Todd Dantzler,       Development          portal/
                                   County (17-04-       Chairman, Polk       Division, 330 West   advanceSearch.
                                   4685P).              County Board of      Church Street,
                                                        Commissioners, 330   Bartow, FL 33831.
                                                        West Church
                                                        Street, Bartow, FL
                                                        33831.
    St. Johns...................  Unincorporated       The Honorable Henry  St. Johns County     https://msc.fema.gov/ Aug. 31, 2018.......       125147
                                   areas of St. Johns   Dean, Chairman,      Building Services    portal/
                                   County (18-04-       St. Johns County     Division, 4040       advanceSearch.
                                   2537P).              Board of             Lewis Speedway,
                                                        Commissioners, 500   St. Augustine, FL
                                                        San Sebastian        32084.
                                                        View, St.
                                                        Augustine, FL
                                                        32084.
    Sarasota....................  Unincorporated       The Honorable Nancy  Sarasota County      https://msc.fema.gov/ Aug. 24, 2018.......       125144
                                   areas of Sarasota    Detert, Chair,       Building and         portal/
                                   County (18-04-       Sarasota County      Development          advanceSearch.
                                   2558P).              Board of             Services
                                                        Commissioners,       Department, 1001
                                                        1660 Ringling        Sarasota Center
                                                        Boulevard,           Boulevard,
                                                        Sarasota, FL 34236.  Sarasota, FL 34240.
    Sarasota....................  Unincorporated       The Honorable Nancy  Sarasota County      https://msc.fema.gov/ Sep. 10, 2018.......       125144
                                   areas of Sarasota    Detert, Chair,       Building and         portal/
                                   County (18-04-       Sarasota County      Development          advanceSearch.
                                   2561P).              Board of             Services
                                                        Commissioners,       Department, 1001
                                                        1660 Ringling        Sarasota Center
                                                        Boulevard,           Boulevard,
                                                        Sarasota, FL 34236.  Sarasota, FL 34240.
    Volusia.....................  City of Daytona      The Honorable        Utilities            https://msc.fema.gov/ Aug. 28, 2018.......       125099
                                   Beach (18-04-        Derrick L. Henry,    Department, 125      portal/
                                   2080P).              Mayor, City of       Basin Street,        advanceSearch.
                                                        Daytona Beach, 301   Suite 131, Daytona
                                                        South Ridgewood      Beach, FL 32114.
                                                        Avenue, Suite 200,
                                                        Daytona Beach, FL
                                                        32114.
Kentucky:
    Owsley......................  City of Booneville   The Honorable        City Hall, 46 South  https://msc.fema.gov/ Aug. 31, 2018.......       210187
                                   (17-04-7624P).       Charles Long,        Mulberry Street,     portal/
                                                        Mayor, City of       Booneville, KY       advanceSearch.
                                                        Booneville, P.O.     41314.
                                                        Box 1, Booneville,
                                                        KY 41314.
    Owsley......................  Unincorporated       The Honorable Cale   Owsley County        https://msc.fema.gov/ Aug. 31, 2018.......       210296
                                   areas of Owsley      Turner, Owsley       Courthouse, 201      portal/
                                   County (17-04-       County Judge         Court Street,        advanceSearch.
                                   7624P).              Executive, P.O.      Booneville, KY
                                                        Box 749,             41314.
                                                        Booneville, KY
                                                        41314.
Maine: Lincoln..................  Town of Bristol (17- The Honorable Chad   Code Enforcement     https://msc.fema.gov/ Aug. 17, 2018.......       230215
                                   01-2489P).           Hanna, Chairman,     Department, 1268     portal/
                                                        Town of Bristol      Bristol Road,        advanceSearch.
                                                        Board of             Bristol, ME 04539.
                                                        Selectmen, P. O.
                                                        Box 339, Bristol,
                                                        ME 04539.
Massachusetts:
    Essex.......................  City of Lynn (18-01- The Honorable        Inspectional         https://msc.fema.gov/ Aug. 13, 2018.......       250088
                                   0336P).              Thomas M. McGee,     Services             portal/
                                                        Mayor, City of       Department, 3 City   advanceSearch.
                                                        Lynn, 3 City Hall    Hall Square, Room
                                                        Square, Room 306,    401, Lynn, MA
                                                        Lynn, MA 01901.      01901.
    Essex.......................  City of Newburyport  The Honorable Donna  Department of        https://msc.fema.gov/ Aug. 31, 2018.......       250097
                                   (18-01-0751P).       D. Holaday, Mayor,   Planning and         portal/
                                                        City of              Development, 60      advanceSearch.
                                                        Newburyport, 60      Pleasant Street,
                                                        Pleasant Street,     Newburyport, MA
                                                        Newburyport, MA      01950.
                                                        01950.
North Carolina: Union...........  Town of Waxhaw (18-  The Honorable        Town Hall, 1150      https://msc.fema.gov/ Aug. 25, 2018.......       370473
                                   04-1304P).           Stephen Maher,       North Broome         portal/
                                                        Mayor, Town of       Street, Waxhaw, NC   advanceSearch.
                                                        Waxhaw, P.O. Box     28173.
                                                        6, Waxhaw, NC
                                                        28173.
Oklahoma: Tulsa.................  City of Tulsa (18-   The Honorable G.T.   Engineering          https://msc.fema.gov/ Sep. 10, 2018.......       405381
                                   06-0745P).           Bynum, Mayor, City   Services             portal/
                                                        of Tulsa, 175 East   Department, 2317     advanceSearch.
                                                        2nd Street, 15th     South Jackson
                                                        Floor, Tulsa, OK     Avenue, Tulsa, OK
                                                        74103.               74107.

Pennsylvania: Montgomery........  Borough of North     Ms. Christine A.     Zoning Department,   https://msc.fema.gov/ Aug. 23, 2018.......       420704
                                   Wales (18-03-        Hart, Borough of     300 School Street,   portal/
                                   0693P).              North Wales          North Wales, PA      advanceSearch.
                                                        Manager, 300         19454.
                                                        School Street,
                                                        North Wales, PA
                                                        19454.
Texas:
    Bexar.......................  City of San Antonio  The Honorable Ron    Transportation and   https://msc.fema.gov/ Aug. 20, 2018.......       480045
                                   (17-06-4239P).       Nirenberg, Mayor,    Capital              portal/
                                                        City of San          Improvements         advanceSearch.
                                                        Antonio, P.O. Box    Department,
                                                        839966, San          Stormwater
                                                        Antonio, TX 78283.   Division, 1901
                                                                             South Alamo
                                                                             Street, 2nd Floor,
                                                                             San Antonio, TX
                                                                             78204.
    Bexar.......................  Unincorporated       The Honorable        Bexar County Public  https://msc.fema.gov/ Aug. 20, 2018.......       480035
                                   areas of Bexar       Nelson W. Wolff,     Works Department,    portal/
                                   County (17-06-       Bexar County         233 North Pecos-La   advanceSearch.
                                   4239P).              Judge, 101 West      Trinidad Street,
                                                        Nueva Street, 10th   Suite 420, San
                                                        Floor, San           Antonio, TX 78207.
                                                        Antonio, TX 78205.
    Denton......................  City of Denton (18-  The Honorable Chris  Engineering          https://msc.fema.gov/ Aug. 23, 2018.......       480194
                                   06-0064P).           A. Watts, Mayor,     Department, 901-A    portal/
                                                        City of Denton,      Texas Street,        advanceSearch.
                                                        215 East McKinney    Denton, TX 76509.
                                                        Street, Suite 100,
                                                        Denton, TX 76201.
    Denton......................  Town of Shady        The Honorable Cindy  Planning and Zoning  https://msc.fema.gov/ Aug. 23, 2018.......       481135
                                   Shores (18-06-       Aughinbaugh,         Department, 101      portal/
                                   0064P).              Mayor, Town of       South Shady Shores   advanceSearch.
                                                        Shady Shores, 101    Road, Shady
                                                        South Shady Shores   Shores, TX 76208.
                                                        Road, Shady
                                                        Shores, TX 76208.
    Denton......................  Unincorporated       The Honorable Mary   Denton County        https://msc.fema.gov/ Aug. 23, 2018.......       480774
                                   areas of Denton      Horn, Denton         Public Works and     portal/
                                   County (18-06-       County Judge, 110    Planning             advanceSearch.
                                   0064P).              West Hickory         Department, 1505
                                                        Street, 2nd Floor,   East McKinney
                                                        Denton, TX 76201.    Street, Suite 175,
                                                                             Denton, TX 76209.
    Hays........................  City of Kyle (17-06- The Honorable        Storm Drainage and   https://msc.fema.gov/ Aug. 16, 2018.......       481108
                                   4031P).              Travis Mitchell,     Flood Risk           portal/
                                                        Mayor, City of       Mitigation,          advanceSearch.
                                                        Kyle, P.O. Box 40,   Utility
                                                        Kyle, TX 78640.      Department, 100
                                                                             West Center
                                                                             Street, Kyle, TX
                                                                             78640.
    Hays........................  Unincorporated       The Honorable Bert   Hays County          https://msc.fema.gov/ Aug. 16, 2018.......       480321
                                   areas of Hays        Cobb, Hays County    Development          portal/
                                   County (17-06-       Judge, 111 East      Services             advanceSearch.
                                   4031P).              San Antonio          Department, 2171
                                                        Street, Suite 300,   Yarrington Road,
                                                        San Marcos, TX       San Marcos, TX
                                                        78666.               78666.
    Johnson.....................  City of Burleson     Mr. Dale Cheatham,   City Hall, 141 West  https://msc.fema.gov/ Sep. 4, 2018........       485459
                                   (17-06-4103P).       Manager, City of     Renfro Street,       portal/
                                                        Burleson, 141 West   Burleson, TX 76028.  advanceSearch.
                                                        Renfro Street,
                                                        Burleson, TX 76028.
    Tarrant.....................  City of Crowley (17- The Honorable Billy  City Hall, 201 East  https://msc.fema.gov/ Sep. 4, 2018........       480591
                                   06-4103P).           P. Davis, Mayor,     Main Street,         portal/
                                                        City of Crowley,     Crowley, TX 76036.   advanceSearch.
                                                        201 East Main
                                                        Street, Crowley,
                                                        TX 76036.
    Tarrant.....................  City of Fort Worth   The Honorable Betsy  Transportation and   https://msc.fema.gov/ Sep. 10, 2018.......       480596
                                   (17-06-0155P).       Price, Mayor, City   Public Works,        portal/
                                                        of Fort Worth, 200   Engineering          advanceSearch.
                                                        Texas Street, Fort   Department, 200
                                                        Worth, TX 76102.     Texas Street, Fort
                                                                             Worth, TX 76102.
    Tarrant.....................  City of Saginaw (17- The Honorable Todd   Public Works and     https://msc.fema.gov/ Sep. 10, 2018.......       480610
                                   06-0155P).           Flippo, Mayor,       Community            portal/
                                                        City of Saginaw,     Development          advanceSearch.
                                                        333 West McLeroy     Department, 205
                                                        Boulevard,           Brenda Lane,
                                                        Saginaw, TX 76179.   Saginaw, TX 76179.
Utah: Washington................  City of St. George   The Honorable        City Hall, 175 East  https://msc.fema.gov/ Aug. 30, 2018.......       490177
                                   (18-08-0075P).       Jonathan T. Pike,    200 North, St.       portal/
                                                        Mayor, City of St.   George, UT 84770.    advanceSearch.
                                                        George, 175 East
                                                        200 North, St.
                                                        George, UT 84770.
Virginia:
    Fauquier....................  Unincorporated       Mr. Paul S.          Fauquier County      https://msc.fema.gov/ Aug. 9, 2018........       510055
                                   areas of Fauquier    McCulla, Fauquier    Zoning and           portal/
                                   County (17-03-       County               Development          advanceSearch.
                                   2627P).              Administrator, 10    Services
                                                        Hotel Street,        Department, 29
                                                        Suite 204,           Ashby Street,
                                                        Warrenton, VA        Suite 310,
                                                        20186.               Warrenton, VA
                                                                             20186.
    Loudoun.....................  Unincorporated       Mr. Tim Hemstreet,   Loudoun County       https://msc.fema.gov/ Aug. 10, 2018.......       510090
                                   areas of Loudoun     Loudoun County       Government Center,   portal/
                                   County (17-03-       Administrator, 1     1 Harrison Street    advanceSearch.
                                   2543P).              Harrison Street      Southeast,
                                                        Southeast,           Leesburg, VA 20175.
                                                        Leesburg, VA 20175.

    Prince William..............  City of Manassas     Mr. William P.       Department of        https://msc.fema.gov/ Sep. 13, 2018.......       510090
                                   (17-03-2321P).       Pate, Manager,       Public Works and     portal/
                                                        City of Manassas,    Engineering, 8500    advanceSearch.
                                                        9027 Center          Public Works
                                                        Street, Suite 401,   Drive, Manassas,
                                                        Manassas, VA 20110.  VA 20110.
    Prince William..............  Unincorporated       Mr. Christopher E.   Prince William       https://msc.fema.gov/ Sep. 13, 2018.......       510119
                                   areas of Prince      Martino, Prince      County Department    portal/
                                   William County (17-  William County       of Public Works, 5   advanceSearch.
                                   03-2321P).           Executive, 1         County Complex
                                                        County Complex       Court, Prince
                                                        Court, Prince        William, VA 22192.
                                                        William, VA 22192.
West Virginia:
    Lincoln.....................  Town of Hamlin (17-  The Honorable David  Lincoln County       https://msc.fema.gov/ Aug. 16, 2018.......       540089
                                   03-2229P).           Adkins, Mayor,       Courthouse, 8000     portal/
                                                        Town of Hamlin,      Court Avenue,        advanceSearch.
                                                        220 Main Street,     Hamlin, WV 25523.
                                                        Hamlin, WV 25523.
    Lincoln.....................  Unincorporated       The Honorable        Lincoln County       https://msc.fema.gov/ Aug. 16, 2018.......       540088
                                   areas of Lincoln     Charles N. Vance,    Courthouse, 8000     portal/
                                   County (17-03-       President, Lincoln   Court Avenue,        advanceSearch.
                                   2229P).              County Commission,   Hamlin, WV 25523.
                                                        P.O. Box 497,
                                                        Hamlin, WV 25523.
    Logan.......................  City of Logan (17-   The Honorable        City Hall, 219       https://msc.fema.gov/ Aug. 20, 2018.......       545535
                                   03-2459P).           Serafino J.          Dingess Street,      portal/
                                                        Nolletti, Mayor,     Logan, WV 25601.     advanceSearch.
                                                        City of Logan, 219
                                                        Dingess Street,
                                                        Logan, WV 25601.
    Logan.......................  Unincorporated       The Honorable Danny  Logan County Code    https://msc.fema.gov/ Aug. 20, 2018.......       545536
                                   areas of Logan       R. Godby,            Enforcement          portal/
                                   County (17-03-       President, Logan     Officer's Office,    advanceSearch.
                                   2459P).              County Commission,   300 Stratton
                                                        300 Stratton         Street, Logan, WV
                                                        Street, Logan, WV    25601.
                                                        25601.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-13091 Filed 6-18-18; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Notices]
[Page 68481-68484]
[DOCID:fr10no05-160]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 35-28057]

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

November 4, 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 November 29, 2005, to the Secretary, Securities and Exchange
Commission, 100 F Street, NE., 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 November 29, 2005, the
application(s) and/or declaration(s), as filed or as amended, may be
granted and/or permitted to become effective.

Ameren Corp., et al. (70-8945)

    Ameren Corporation (``Ameren''), a registered holding company, 1901
Chouteau Avenue, St. Louis, Missouri 63103, CIPSCO Investment Company
(``CIPSCO Investment''), a wholly owned subsidiary of Ameren, and
CIPSCO Investment's wholly owned subsidiary, CIPSCO Leasing Company
(``CIPSCO Leasing''), both of 607 East Adams Street, Springfield,
Illinois 62739, and AmernEnergy Resources Generating Company
(``AERG''), a wholly owned indirect electric utility company subsidiary
of Ameren, 300 Liberty Street, Peoria, Illinois 61602, have filed an
application-declaration under Sections 6(a), 7, 9(a),10, 11(b)(1),
12(b) and 12(f) of the Act and Rules 45 and 54 under the Act
(``Application'').
    Applicants seek a divestiture order for tax purposes that would
require the divestiture of CIPSCO Leasing's wholly-owned subsidiary,
CLC Aircraft Leasing Company (``CLC'') or of CLC's 100% interest in an
MD-88 commercial passenger aircraft that is leased to Delta Air Lines,
Inc. (``Delta'').

I. Background

A.The Ameren System
    Ameren directly owns all of the issued and outstanding common stock
of Union Electric Company, doing business as ``AmerenUE,'' Central
Illinois Public Service Company, doing business as ``AmerenCIPS,'' and
Illinois Power Company doing business as ``AmerenIP,'' and indirectly
through CILCORP Inc., an exempt holding company, owns all of the issued
and outstanding common stock of Central Illinois Light Company, doing
business as ``AmerenCILCO.''
    Together, AmerenUE, AmerenCIPS, AmerenIP and AmerenCILCO provide
retail and wholesale electric service to approximately 2.3 million
customers and retail natural gas service to approximately 935,000
customers in parts of Missouri and Illinois. In addition, AmerenCILCO
holds all of the outstanding common stock of AERG. AERG is a non-exempt
electric utility generating subsidiary to which AmerenCILCO transferred
substantially all of its generating assets in October 2003.

    Ameren also directly owns all of the issued and outstanding common
stock of CIPSCO Investment, a non-utility subsidiary that in turn owns
all of the issued and outstanding common stock of, among other
subsidiaries, CIPSCO Leasing. CIPSCO Leasing, directly or through
subsidiaries, invests in certain long-term leveraged lease
transactions. As relevant to this Post-Effective Amendment, CIPSCO
Leasing's wholly-owned subsidiary, CLC, holds a 100% interest as the
owner participant in an MD-88 commercial passenger aircraft that is
leased to Delta (the ``Aircraft Lease Interest'').
B. Relevant History
    By order dated December 30, 1997, in this proceeding (Holding Co.
Act Release No. 26809) (the ``Merger Order''), the Commission
authorized Ameren to acquire all of the issued and outstanding common
stock of AmerenUE and CIPSCO Incorporated, which was then the parent
company of AmerenCIPS, to organize a service company subsidiary, and to
issue and sell common stock pursuant to certain stock plans. In
addition, the Commission authorized Ameren to retain the direct and
indirect non-utility subsidiaries and investments of AmerenUE and
CIPSCO Incorporated, subject to certain exceptions. Specifically as it
relates to the instant Application, the Commission determined that the
Aircraft Lease Interest was retainable under Section 9(c)(3) of the
Act.
    Although the Aircraft Lease Interest is a ``passive'' investment,
CIPSCO Leasing has already captured the tax benefits (in the form of
accelerated depreciation) associated with the leased equipment. Thus,
the economic characteristics associated with this investment are no
longer the same as they were at the time of the Merger Order. Ameren
has concluded, therefore, that the Aircraft Lease Interest is not
retainable under the standards of either Section 11(b)(1) of the Act or
under Commission precedents interpreting Section 9(c)(3) of the Act.
    Accordingly, Ameren requests that the Commission issue a
supplemental order in this proceeding to: (i) Require Ameren to sell or
otherwise dispose of the Aircraft Lease Interest or of the equity
securities of CLC Aircraft not later than February 8, 2006; (ii) recite
that such sale or disposition of the Aircraft Lease Interest or of the
equity securities of CLC Aircraft is necessary or appropriate to the
integration or simplification of the Ameren holding company system and
to effectuate the provisions of Section 11(b)(1); (iii) require that
the net proceeds from such sale or disposition be utilized within 24
months of the receipt thereof to retire or cancel securities
representing indebtedness of the transferor or otherwise expended for
property other than ``nonexempt property'' within the meaning of
section 1083 of the Internal Revenue Code, as amended (the ``Code'') or
invested as a contribution to the capital, or as paid-in surplus, of
another direct or indirect subsidiary of Ameren in a manner that
satisfies the nonrecognition provisions of Code section 1081; and (iv)
recite that such expenditure or investment by the transferor is
necessary or appropriate to the integration or simplification of the
Ameren holding company system.
C. Summary of Relevant Provisions of the Code
    Ameren explains that Code section 1081(b)(1) provides for the
nonrecognition of gain or loss from a sale or exchange of property made
in obedience to a Commission order. Code section 1082(a)(2) requires
that any unrecognized gain under Code section 1081(b)(1) be applied to
reduce the basis of the transferor's remaining assets in a specified
manner.
    Ameren submits that an exception from this nonrecognition treatment
exists under Code section 1081(b)(2), which specifies that if property
received in connection with any sale or disposition is ``nonexempt
property,'' then such ``nonexempt property'' or an amount equal to the
fair market value of such ``nonexempt property'' must, within 24 months
of the time of the transfer, in accordance with an order of the
Commission, be expended for property other than ``nonexempt property''
or invested as a contribution to the capital, or as paid-in surplus, of
another corporation, and the Commission's order recites that such
expenditure or investment by the transferor corporation is necessary or
appropriate to the integration or simplification of the holding company
system of which the transferor corporation is a member. Code section
1081(b)(3) provides that an appropriate expenditure for property other
than ``nonexempt property'' for purposes of Code section 1081(b)(2)
includes each of (1) a payment in complete or partial retirement or
cancellation of securities representing indebtedness of the transferor
and (2) the amount of any liability of the transferor that is assumed
(or to which transferred property is subject) in connection with any
transfer of property in obedience to a Commission order.
    Ameren further submits that Code section 1081(d) provides for the
nonrecognition of gain or loss from certain intercompany transactions
within the same system group if such transactions are made in obedience
to a Commission order.
D. Sale of the Lease Interests
    CIPSCO Leasing intends to seek a buyer or buyers for the Aircraft
Lease Interest or of the equity securities of CLC Aircraft in a
privately negotiated transaction. Alternatively, as a result of the
bankruptcy of Delta,\1\ CLC Aircraft, as owner participant under the
lease, may, in the bankruptcy proceeding, forfeit its beneficial
interest (as owner participant) in the leased aircraft if the indenture
trustee, on behalf of the debt participants in the leveraged lease
transaction, exercises its remedy to take title to the aircraft.\2\
Such transfer of the beneficial interest in the leased aircraft to the
indenture trustee would be treated as a ``sale'' for federal income tax
purposes for an amount equal to the outstanding balance of the
leveraged lease debt. In either event, Ameren expects that such
transfer will result in a significant amount of gain for federal income
tax purposes. Accordingly, CIPSCO Leasing will structure any such
transfer in a manner that will enable it to utilize the non-recognition
provisions of Code section 1081.
---------------------------------------------------------------------------

    \1\ On September 14, 2005, Delta and its subsidiaries filed
voluntary petitions for reorganization under Chapter 11 of the U.S.
Bankruptcy Code. The matter is pending before the U.S. Bankruptcy
Court for the Southern District of New York.
    \2\ Any such transfer would be qualified by and subject to any
restriction or limitations on transfer set forth in the operative
lease documents, the Bankruptcy Code, and other applicable law,
including the Revised Interim Order Pursuant to Sections 105(a) and
362 of the Bankruptcy Code Establishing Notification Procedures and
Approving Restriction on Certain Transfers of Claims against and
Interests in the Debtors' Estates entered in the Delta bankruptcy
case on September 16, 2005.
---------------------------------------------------------------------------

    In order to achieve this result, the Applicants will engage in a
series of essentially simultaneous intercompany transactions the
purpose of which is to structure the sale of the Aircraft Lease
Interest or of the equity securities of CLC Aircraft to occur from a
subsidiary of Ameren (in this case AERG) that has sufficient tax basis
in similar classes of property to absorb the basis reductions required
by Code section 1082(b).
    More specifically, CIPSCO Leasing intends to engage in the
following transactions (the ``Proposed Transactions''):

    1. On or prior to the closing date with respect to the sale of
the Aircraft Lease Interest or of the equity securities of CLC
Aircraft (the ``Closing Date''), CIPSCO

Leasing will transfer the stock of CLC Aircraft to AERG in exchange
for a promissory note in the form of Exhibit B-7 (the ``AERG Note'')
and/or cash (together, the AERG Note and the cash are referred to
herein as the ``AERG Consideration'').
    2. On or prior to the Closing Date, Ameren will cause CLC
Aircraft to convert into a Delaware limited liability company.\3\
---------------------------------------------------------------------------

    \3\ By order dated December 18, 2003 (Holding Co. Act Release
No. 27777) (the ``December 2003 Order''), the Commission authorized
Ameren and its non-utility subsidiaries to, among other things,
convert the capital structure of non-utility subsidiaries from one
business form to another.
---------------------------------------------------------------------------

    3. On the Closing Date, AERG will either sell the Aircraft Lease
Interest or the membership interests of CLC Aircraft to a buyer or
buyers in exchange for consideration (which is expected to be
nominal) or transfer the Aircraft Lease Interest and/or the
membership interests of CLC Aircraft to the indenture trustee for
the benefit of the debt participants in the existing leveraged lease
structure, which, for federal income tax purposes, will be treated
as a deemed sale of the Aircraft Lease Interest.
    4. Within 24 months after such Closing Date, AERG will expend
the consideration received from the buyer or buyers to reduce the
AERG Note (if any) or will otherwise expend or invest such cash in
accordance with Code section 1081(b).

    As indicated, the Proposed Transactions are intended to allow
Ameren to match the unrecognized gain from the sale of the Aircraft
Lease Interest or of the membership interests of CLC Aircraft under
Code section 1081(b) to AERG since AERG is one of the subsidiaries of
Ameren that has a sufficiently high tax basis in other similar classes
of property such that the unrecognized gain can be fully absorbed by
the basis reductions required by Code section 1082(a)(2).

II. Requests for Authority

    Ameren requests that the Commission authorize (a) AERG to acquire
the stock of CLC Aircraft from CIPSCO Leasing and (b) AERG to issue and
CIPSCO Leasing to acquire the AERG Note, in each case prior to February
8, 2006. The aggregate amount of the AERG Consideration (i.e., AERG
Note and/or cash) will be fixed on or before the Closing Date to be
equal to or less than the amount of consideration (which may be
nominal) agreed to be paid by the buyer or buyers of the Aircraft Lease
Interest or of the membership interests of CLC Aircraft, such that the
proceeds of the sale will be at least sufficient to enable AERG to
retire the AERG Note (if any) on or shortly after the Closing Date;
and, in any event will not exceed $10 million. The AERG Note (if any)
will bear interest at a daily floating rate per annum (computed on the
basis of a 360-day year consisting of twelve 30 day months) equal to
the ``1-Month Nonfinancial Commercial Paper'' rate published by the
Federal Reserve in its H.15 Selected Interest Rates publication.
    In addition, in accordance with Code section 1081(f), Ameren
requests that the Commission's supplemental order in this proceeding
confirm that (1) The proposed disposition of the Aircraft Lease
Interest or of the membership interests of CLC Aircraft through the
Proposed Transactions will be a disposition for cash or cash
equivalents in compliance with the supplemental order, (2) the
application of the net proceeds to retire all or part of the AERG Note
will be a complete or partial retirement of securities representing
indebtedness of AERG, (3) the amount of liabilities assumed and the
amount of liabilities to which transferred property is subject upon the
disposition of the Aircraft Lease Interest or membership interests of
CLC Aircraft through the Proposed Transactions will be an expenditure
for property other than ``nonexempt property'' in compliance with the
supplemental order, and (4) accordingly, each of the Proposed
Transactions is necessary or appropriate to the integration or
simplification of the Ameren holding company system and will effectuate
the provisions of Section 11(b)(1) of the Act.

FirstEnergy Corp., et al. (70-10122)

    FirstEnergy Corp. (``FirstEnergy''), a registered holding company,
and the following subsidiaries of FirstEnergy (together with
FirstEnergy, ``Applicants''), Ohio Edison Company, a wholly-owned
public-utility company subsidiary of FirstEnergy, its nonutility
company subsidiaries, The Cleveland Electric Illuminating Company, a
wholly-owned public-utility company subsidiary of FirstEnergy, its
nonutility subsidiary companies, The Toledo Edison Company, a wholly-
owned public-utility company subsidiary of FirstEnergy, its nonutility
subsidiary companies, Pennsylvania Power Company (``Penn Power''), a
wholly-owned public-utility company subsidiary of FirstEnergy, American
Transmission Systems, Incorporated (``ATSI''), a wholly-owned public-
utility company subsidiary of FirstEnergy, Jersey Central Power & Light
Company (``JCP&L''), a wholly-owned public-utility company subsidiary
of FirstEnergy, its nonutility subsidiary companies, Pennsylvania
Electric Company (``Penelec''), a wholly-owned public-utility company
subsidiary of FirstEnergy, its nonutility subsidiary companies,
Metropolitan Edison Company (``Met-Ed''), a wholly-owned public-utility
company subsidiary of FirstEnergy, its nonutility subsidiary companies,
York Haven Power Company, a wholly-owned public-utility company
subsidiary of FirstEnergy, The Waverly Electric Power & Light Company,
a wholly-owned public-utility company subsidiary of FirstEnergy, FE
Acquisition Corp., a wholly-owned nonutility subsidiary of FirstEnergy,
its nonutility subsidiary companies, FirstEnergy Properties, Inc., a
wholly-owned nonutility subsidiary of FirstEnergy, its nonutility
subsidiary companies, FirstEnergy Facilities Services Group, LLC, a
wholly-owned nonutility subsidiary of FirstEnergy, its nonutility
subsidiary companies, FELHC, Inc., a wholly-owned nonutility subsidiary
of FirstEnergy, FirstEnergy Securities Transfer Company, a wholly-owned
nonutility subsidiary of FirstEnergy, FirstEnergy Nuclear Operating
Company, a wholly-owned nonutility subsidiary of FirstEnergy,
FirstEnergy Solutions Corp., a wholly-owned nonutility subsidiary of
FirstEnergy, its nonutility subsidiary companies, FirstEnergy Ventures
Corp., a wholly-owned nonutility subsidiary of FirstEnergy, its
nonutility subsidiary companies, Marbel Energy Corporation, a wholly-
owned nonutility subsidiary of FirstEnergy, its nonutility subsidiary
companies, FirstEnergy Service Company (``Service Company''), a wholly-
owned service company subsidiary of FirstEnergy, GPU Capital, Inc., a
wholly-owned nonutility subsidiary of FirstEnergy, its nonutility
subsidiary companies, GPU Electric, Inc., a wholly-owned nonutility
subsidiary of FirstEnergy, its nonutility subsidiary companies, GPU
Diversified Holdings, LLC, a wholly-owned nonutility subsidiary of
FirstEnergy, its nonutility subsidiary companies, GPU Power, Inc., a
wholly-owned nonutility subsidiary of FirstEnergy, its nonutility
subsidiary companies, FirstEnergy Telecom Services, Inc., a wholly-
owned nonutility subsidiary of FirstEnergy, its nonutility subsidiary
companies, GPU Nuclear, Inc., a wholly-owned nonutility subsidiary of
FirstEnergy, MYR Group, Inc. (``MYR''), a wholly-owned nonutility
subsidiary of FirstEnergy, and its nonutility subsidiary companies, all
76 South Main Street, Akron, Ohio 44308, have filed a post-effective
amendment (``Post-Effective Amendment'') to a previously filed
application-declaration under sections 6(a), 7, 9(a), 10, 12 and 13(b)
of the Act and rules 42, 43, 45, 46, 53, 54, 87(b), and 90-92 under the
Act.
    By order dated June 30, 2003 (HCAR No. 27694, as modified ``Current

Financing Order''),\4\ the Commission authorized FirstEnergy Corp., an
Ohio corporation (``FirstEnergy'') and its subsidiaries to engage in a
program of external financing, intrasystem financing, and other related
transactions for the period through and including December 31, 2005
(``Prior Authorization Period''). FirstEnergy and its subsidiaries
request by this Post-Effective Amendment a further order extending
through February 8, 2006 (``New Authorization Period'') \5\: (1) Their
existing financing authority under the Current Financing Order; and (2)
the Commission's reservations of jurisdiction over various matters,
described below.
---------------------------------------------------------------------------

    \4\ The Commission modified HCAR No. 27694 by order dated
November 25, 2003 (HCAR No. 27769).
    \5\ February 8, 2006 is the effective date of repeal of the Act.
---------------------------------------------------------------------------

    Generally, by the Current Financing Order, the Commission
authorized Applicants to engage in the following transactions during
the Authorization Period:

    (1) FirstEnergy may issue and sell directly or indirectly
through one or more special purpose financing entities (``Financing
Subsidiaries''): (a) Common stock and/or options, warrants, equity-
linked securities or stock purchase contracts convertible into or
exercisable for common stock, (b) preferred stock and other forms of
preferred securities (including trust preferred securities), (c) new
long-term debt securities having maturities of one year or more up
to 50 years, and (d) commercial paper, promissory notes and other
forms of short-term indebtedness having maturities of less than one
year (``Short-term Debt'') in an aggregate amount not to exceed $4.5
billion, excluding securities issued for purposes of refunding or
replacing other outstanding securities where FirstEnergy's
capitalization is not increased as a result thereof, provided that
the aggregate amount of Short-term Debt at any time outstanding
shall not exceed $1.5 billion;
    (2) FirstEnergy may enter into and perform interest rate hedging
transactions (``Hedge Instruments'') and with respect to anticipated
debt offerings (``Anticipatory Hedges'') to manage volatility of
interest rates associated with its and its subsidiaries' outstanding
indebtedness and anticipated debt offerings;
    (3) FirstEnergy may issue and/or purchase on the open market for
purposes of reissuance up to 30 million shares of common stock and/
or stock options or other stock-based awards exercisable for common
stock pursuant to its dividend reinvestment and stock-based
management incentive and employee benefits plans (``Stock Plans'')
maintained by FirstEnergy for the benefit of shareholders, officers,
directors and employees;
    (4) FirstEnergy may issue one purchase right together with each
new share of common stock issued in accordance with the authority
requested; (5) JCP&L, Penn Power, Met-Ed, Penelec and ATSI may issue
and sell Short-term Debt in aggregate principal amounts at any time
outstanding not to exceed: (a) in the case of JCP&L and Penn Power,
the limitation on short-term indebtedness contained in their
respective charters ($414 million and $49 million, respectively, as
of June 30, 2005), (b) $250 million in the cases of Penelec and Met-
Ed, and (c) $500 million in the case of ATSI;
    (5) FirstEnergy may guarantee and provide other forms of credit
support (``FirstEnergy Guarantees'') on behalf of its subsidiaries
in an aggregate amount which, taking into account any guarantees
provided by FirstEnergy's nonutility subsidiaries (``Nonutility
Subsidiaries''), will not exceed $4.0 billion outstanding at any
time;
    (6) FirstEnergy may maintain and continue funding a money pool
(``Utility Money Pool'') for its public-utility company subsidiaries
(``Utility Subsidiaries'') and a separate money pool (``Nonutility
Money Pool'') for the benefit of the Nonutility Subsidiaries
(together, ``Money Pools'') and, to the extent not exempt under rule
52, FirstEnergy's subsidiaries may borrow and extend credit to each
other through the Money Pools by issuing and acquiring demand notes
evidencing those borrowings and extensions of credit; \6\
---------------------------------------------------------------------------

    \6\ The Nonutility Subsidiaries and Utility Subsidiaries are
referred to collectively as ``Subsidiaries.''
---------------------------------------------------------------------------

    (7) Applicants are authorized to make loans Nonutility
Subsidiaries that are less than wholly-owned (directly or
indirectly) by FirstEnergy at interest rates and maturities designed
to provide a return to the lending company of not less than its
effective cost of capital;
    (8) FirstEnergy and the Subsidiaries may enter into a tax
allocation agreement with respect to tax year 2002 and later years
that does not conform in all respects to the requirements of rule
45(c);
    (9) FirstEnergy and the Subsidiaries may change the
capitalization of any Subsidiary 50% or more of whose stock is held
by FirstEnergy or any other intermediate parent company;
    (10) Nonutility Subsidiaries may declare and pay dividends out
of capital or unearned surplus, subject to certain restrictions;
    (11) FirstEnergy may acquire interests in certain companies
(``Energy Related Companies'') that would qualify as ``energy-
related companies,'' as defined in rule 58, but for the fact that a
substantial portion of their revenues are derived from activities
outside the United States,\7\ subject to certain reservations of
jurisdiction described below;
---------------------------------------------------------------------------

    \7\ More specifically, Energy Related Companies may engage in
energy management and consulting activities anywhere outside the
United States and energy marketing and related activities in Canada
and Mexico. Under the Current Financing Order, investments in Energy
Related Companies count toward FirstEnergy's limit under rule 58 on
investments in ``energy-related companies.''
---------------------------------------------------------------------------

    (12) FirstEnergy may invest, directly or through Nonutility
Subsidiaries, up to $300 million at any time on preliminary
development activities relating to potential new investments in
nonutility businesses;
    (13) FirstEnergy may consolidate the direct and indirect
ownership interests in certain existing nonutility businesses and
former subsidiaries of GPU, Inc. (``GPU'') under one or more
existing or future nonutility holding companies; and
    (14) to the extent not exempt under rule 90(d), Nonutility
Subsidiaries may provide services and sell goods to certain
specified types of Nonutility Subsidiaries at market prices
determined without regard to cost.

    The authorized securities are subject to numerous terms,
conditions, and limitations, including: Limitations on interest rate,
maturity, issuance expenses, and use of proceeds; commitments by
FirstEnergy and each of the Utility Subsidiaries to maintain common
equity equal to at least 30% of consolidated capitalization; and
certain investment grade rating criteria as applicable to securities
(other than common stock of FirstEnergy and Money Pool borrowings) to
be issued pursuant to the authority granted under the Current Financing
Order and to other outstanding securities of the issuer and of
FirstEnergy.
    By the Current Financing Order, the Commission reserved
jurisdiction, pending completion of the record, over: (1) Issuances of
securities in those circumstances where FirstEnergy or a Utility
Subsidiary does not comply with the 30% common equity criteria
(described above); (2) issuances of securities where one or more of
investment grade ratings criteria are not met; (3) entering into Hedge
Instruments and Anticipatory Hedges by FirstEnergy that do not qualify
for hedge accounting treatment by the Financial Accounting Standards
Board; (4) issuances by FirstEnergy of guarantees on behalf of its
Subsidiaries for the benefit of non-affiliated third parties; (5) the
ability of FirstEnergy to make certain additional investments in
``exempt wholesale generators'' and ``foreign utility companies,'' as
those terms are defined by sections 32 and 33 of the Act, respectively,
in an amount over $1.5 billion; (6) the ability of Energy Related
Companies to engage in energy marketing outside of the United States,
Canada and Mexico; and (7) the ability of Energy Related Companies to
engage in the sale of infrastructure services anywhere outside the
United States.\8\

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Jonathan G. Katz,
Secretary.
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    \8\ In a separate, pending post-effective amendment, FirstEnergy
is requesting that the Commission release jurisdiction over the sale
of infrastructure services by MYR and other Energy Related Companies
in Canada.
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[FR Doc. 05-22453 Filed 11-9-05; 8:45 am]

BILLING CODE 8010-01-P