[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Notices]
[Pages 19153-19154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10040]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 35-26703]
Filings Under the Public Utility Holding Company Act of 1935, as
Amended (``Act'')
April 11, 1997.
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 thereunder. 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 amendments thereto is/are available for public
inspection through the Commission's Office 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 5, 1997, to the Secretary, Securities and Exchange
Commission, Washington, DC 20549, 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 case of an attorney at law, by
certificate) should be filed with the request. Any request for hearing
shall identify specifically the issues of fact 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 said date, the application(s) and/or declaration(s), as
filed or as amended, may be granted and/or permitted to become
effective.
GPU Inc., et al. (70-8409)
GPU, Inc. (``GPU''), 100 Interpace Parkway, Parsippany, New Jersey,
07054, a registered holding company, its electric utility subsidiary
companies, Jersey Central Power & Light Company, 300 Madison Avenue,
Morristown, New Jersey, 07960, Metropolitan Edison Company, 2800
Pottsville Pike, Reading, Pennsylvania, 19640, Pennsylvania Electric
Company, 2800 Pottsville Pike, Reading, Pennsylvania, 19640
(collectively, ``Utilities''), and three non-utility subsidiary
companies of GPU, GPU Service, Inc., 100 Interpace Parkway, Parsippany,
New Jersey, 07054, GPU Generation, Inc. (``GPUG''), 1001 Broad Street,
Johnstown, Pennsylvania, 15907, and GPU International, Inc. (``GPUI''),
One Upper Pond Road, Parsippany, New Jersey, 07054, have filed a post-
effective amendment under section 13(b) of the Act and rules 90 and 91
thereunder to an application-declaration previously filed under
sections 6(a), 7, 9(a), 10, 12(b) and 13(b) of the Act and rules 45, 54
and 86 through 95 thereunder.
By order dated January 26, 1996 (HCAR No. 26463), the Commission
authorized GPU to organize and capitalize GPUG to operate, maintain and
rehabilitate the non-nuclear generation facilities owned and/or
operated by the Utilities pursuant to service contracts and/or an
operating agreement. GPUG also will design, construct, start up and
test new non-nuclear generation facilities that the Utilities could
require in the future. Those services will be performed by GPUG at cost
in accordance with rules 90 and 91.
By order dated March 6, 1996 (HCAR No. 26484) (``Order''), the
Commission authorized the Utilities to perform services for exempt
wholesale generators (``EWGs''), as defined in section 32 of the Act,
and foreign utility companies (``FUCOs''), as defined in section 33 of
the Act, in which GPU, directly or indirectly, owns an interest.
The Order also authorized the Utilities to perform services for GPU
companies that directly or indirectly, and exclusively, own and hold
the interests and securities of one or more FUCOs and/or EWGs and in
project development activities related to the acquisition of such
securities and their related projects (``Subsidiaries'').
The post-effective amendment requests Commission authorization for
GPUG to provide services to EWGs, the Subsidiaries, and to GPUI or its
subsidiaries.\1\ All such services will be
[[Page 19154]]
provided at cost in accordance with rules 90 and 91.
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\1\ By orders dated November 16, 1995 (HCAR No. 26409), June 14,
1995 (HCAR No. 26307) (``June 1995 Order''), December 28, 1994 (HCAR
No. 26205), September 12, 1994 (HCAR No. 26123), December 18, 1992
(HCAR No. 25715), and June 26, 1990 (HCAR No. 25108), GPUI was
authorized to engage in project development and administrative
activities relative to GPU system investments in (i) qualifying
facilities (``QFs''), as defined in the Public Utility Regulatory
Policies Act of 1978, located anywhere in the United States, (ii)
EWGs located in any geographic area, and (iii) FUCOs. GPUI also is
authorized to acquire interests in EWGs and FUCOs. The June 1995
Order also authorized GPUI to perform services for and to sell goods
to associated QFs, EWGs and FUCOs at market rates.
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Entergy Gulf States, Inc. (70-9037)
Entergy Gulf States, Inc. (``Gulf States''), 350 Pine Street,
Beaumont, Texas 77701, an electric public utility subsidiary of Entergy
Corporation (``Entergy''), a registered holding company, has filed an
application under sections 9(a) and 10 of the Act, and rule 54
thereunder.
Gulf States proposes to acquire two high-voltage transmission lines
and related assets from the bankruptcy estate of Cajun Electric Power
Cooperative, Inc. (``Cajun''). The acquisition of these assets is a
part of a comprehensive settlement agreement among the Chapter 11
Trustee of Cajun, Entergy, Gulf States, and the Rural Utilities
Services of the Department of Agriculture (the ``Settlement
Agreement'') resolving numerous disputes between Entergy and Gulf
States on the one hand, and Cajun, on the other hand, which are
currently pending before the bankruptcy court adjudicating Cajun's
bankruptcy, the Federal Energy Regulatory Commission, and federal
district courts.\2\ on April 26, 1996, the bankruptcy court approved
the Settlement Agreement which requires the acquisition to be completed
no later than June 1, 1997.
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\2\ See, e.g., Cajun Elec. Power Coop. Inc v. Gulf States Utils.
Co., 47 FERC 63,053 (1989), aff'd in part and rev'd in part, 59 FERC
61,041 (1992), rev'd Gulf States Utils. Co. v. F.E.R.C., 1 F.3d 288
(5th Cir. 1993), reh'g pending on other issues, on remand, 71 FERC
63,009, aff'd 72 FERC 61,157 (1995), appeals pending, Gulf States v.
F.E.R.C., Nos. 95-60357 and 95-60626 (5th Cir. motion for stay
granted Dec. 13, 1996; Cajun v. F.E.R.C., No. 96-60554 (5th Cir.
motion for stay granted Nov. 5, 1996).
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The utility assets proposed to be acquired by Gulf States consists
of two 500 kv transmission lines designated as lines 745 and 746, and
related towers, support facilities, and rights-of-way (collectively,
the ``Facilities'') and presently are part of the integrated
transmission system over which Gulf States and Cajun transfer electric
energy to serve their respective customers. After the acquisition, the
Facilities will continue to be used as part of Gulf States' integrated
transmission system. The two transmission lines serve only to
interconnect certain Cajun and Gulf States facilities and do not
interconnect with any other entities. The Entergy public utility
companies already provide service over these transmission lines under
Entergy's open-access transmission tariff and, after the acquisition of
the lines by Gulf States, Entergy will continue to provide service over
the transmission lines under its open-access tariff.\3\
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\3\ The Facilities already are part of the integrated
transmission system used by Entergy to provide transmission services
to others by virtue of the service schedule CTOC to the Gulf States-
Cajun Power Interconnection Agreement. As a result, the costs of the
two lines already are included in the cost of service used to
establish Entergy's open-access transmission rates and no adverse
effect on cost and rates will result from the acquisition of the two
transmission lines.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 97-10040 Filed 4-17-97; 8:45 am]
BILLING CODE 8010-01-M
