35-CERT 1 lihtc_rule24.txt LIHTC PROJECTS SEC FILE NO. 70-10079 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 CERTIFICATE PURSUANT TO RULE 24 OF PARTIAL COMPLETION OF TRANSACTIONS FIRSTENERGY CORP. -------------------------------------------- : In the matter of : FirstEnergy Corp. : Certificate Pursuant : to Rule 24 of Partial : Completion of : Transactions : SEC File No. 70-10079 : (Public Utility Holding Company Act: of 1935) : -------------------------------------------- TO THE MEMBERS OF THE SECURITIES AND EXCHANGE COMMISSION: The undersigned, FirstEnergy Corp. (FirstEnergy) hereby certifies pursuant to Rule 24 of the General Rules and Regulations under the Public Utility Holding Company Act of 1935 (the Act), that certain of the transactions proposed in the Application filed in SEC File No. 70-10079 have been carried out in accordance with the Commission's Order dated December 19, 2002, as follows: FirstEnergy request authority to invest, through December 31, 2005, up to $100 million in: (1) new or existing Low Income Housing Tax Credits (LIHTC Projects) located anywhere in the United states; and (2) historic building or other qualified rehabilitated building projects (Section 47 Projects) located within their service territories (collectively, "Tax Credit Projects"). 1. A copy of the unaudited financial statements of Ohio Edison Company (OE) (including a Consolidated Balance Sheet and Statement of Income) as of and for the twelve months ended December 31, 2003 is attached as Exhibit A. 2. During the period July 1, 2003 through December 31, 2003, there were no revenues and any form of compensation received from any and all Tax Credit Projects directly or indirectly owned. 3. No investment was made to new Tax Credit Projects during the period July 1, 2003 through December 31, 2003. 4. Amount authorized to invest in the Tax Credit $100,000,000 Projects as of July 1, 2003 Investment during the period July 1, 2003 through December 31, 2003 -0- ----------- Amount available to invest in the Tax Credit Projects as of December 31, 2003 $100,000,000 =========== 1 5. The following is a list of LIHTC project investments currently held by FirstEnergy and its subsidiaries as of December 31, 2003: Apollo Tax Credit Fund - III, L. P. $ 4,500,000 Apollo Tax Credit Fund - IX, L. P. 29,873,702 Boston Capital Corporate Tax Credit Fund IV, L. P. 2,063,483 Boston Capital Corporate Tax Credit Fund X, L. P. 5,341,538 Boston Capital Corporate Tax Credit Fund XIV, L. P. 11,574,200 Boston Capital Corporate Tax Credit Fund XVII, L. P. 6,782,570 Boston Financial Institutional Tax Credit Fund III, L. P. 4,650,000 Boston Financial Institutional Tax Credit Fund V, L. P. 2,500,000 Boston Financial Institutional Tax Credit Fund XVI, L. P. 4,863,500 Marion Senior Housing Limited Partnership 2,176,588 McDonald Corporate Tax Credit Fund LP 2,500,000 McDonald Corporate Tax Credit Fund - 1995 LP 5,000,000 McDonald Corporate Tax Credit Fund - 1996 LP 10,000,000 McDonald Ohio Tax Credit Fund - 1998 LP 5,000,000 Ohio Equity Fund for Housing LP II 998,535 USA Institutional Tax Credit Fund VII LP 3,850,000 ----------- Total $101,674,116 =========== 2 SIGNATURE PURSUANT TO THE REQUIREMENTS OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935, THE UNDERSIGNED COMPANY HAS DULY CAUSED THIS CERTIFICATE TO BE SIGNED ON ITS BEHALF BY THE UNDERSIGNED THEREUNTO DULY AUTHORIZED. FIRSTENERGY CORP. Date: March 15, 2004 By: /s/ Harvey L. Wagner ---------------------------------- Harvey L. Wagner Vice President, Controller and Chief Accounting Officer 3