-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, BdT3U58Wed/n7phJuZqtsy+5EEn3F+MNo3RnHjbEKG0G7OCysIMAo89rmzo/By27 59nVXjzyZimXydFhT3aS/A== 0000950168-99-000582.txt : 19990302 0000950168-99-000582.hdr.sgml : 19990302 ACCESSION NUMBER: 0000950168-99-000582 CONFORMED SUBMISSION TYPE: 305B2 PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 19990301 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CAROLINA POWER & LIGHT CO CENTRAL INDEX KEY: 0000017797 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 560165465 STATE OF INCORPORATION: NC FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 305B2 SEC ACT: SEC FILE NUMBER: 333-69237 FILM NUMBER: 99553358 BUSINESS ADDRESS: STREET 1: 411 FAYETTEVILLE ST CITY: RALEIGH STATE: NC ZIP: 27601 BUSINESS PHONE: 9195466111 305B2 1 CP&L 305B2 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 ----------------- FORM T-1 STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 OF A CORPORATION DESIGNATED TO ACT AS TRUSTEE CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF A TRUSTEE PURSUANT TO SECTION 305(b)(2) [X] ----------------- THE BANK OF NEW YORK (Exact name of trustee as specified in its charter) New York 13-5160382 (Jurisdiction of incorporation (I.R.S. Employer if not a U.S. national bank) Identification No.) 48 Wall Street, New York, New York 10286 (Address of principal executive offices) (Zip code) ----------------- CAROLINA POWER & LIGHT COMPANY (Exact name of obligor as specified in its charter) North Carolina 56-0165465 (State or other jurisdiction (I.R.S. Employer of incorporation or organization) Identification No.) 411 Fayetteville Street Raleigh, North Carolina 27601-1748 (Address of principal executive offices) (Zip code) ----------------- Senior Notes* (Title of the indenture securities) - ----------- *Specific title(s) to be determined in connection with sale(s) of Senior Notes. Item 1. General Information.* Furnish the following information as to the Trustee: (a) Name and address of each examining or supervising authority to which it is subject.
Superintendent of Banks of the 2 Rector Street, New York, N.Y. 10006 State of New York and Albany, N.Y. 12203 Federal Reserve Bank of New York 33 Liberty Plaza, New York, N.Y. 10045 Federal Deposit Insurance Corporation 550 17th Street, N.W., Washington, D.C. 20429 New York Clearing House Association New York, N.Y. 10005
(b) Whether it is authorized to exercise corporate trust powers. Yes. Item 2. Affiliations with Obligor. If the obligor is an affiliate of the trustee, describe each such affiliation. None. (See Note on page 2.) Item 16. List of Exhibits. Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act") and Rule 24 of the Commission's Rules of Practice. 1. - A copy of the Organization Certificate of The Bank of New York (formerly Irving Trust Company) as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 1 to Amendment No. 1 to Form T-1 filed with Registration Statement No. 33-6215, Exhibits 1a and 1b to Form T-1 filed with Registration Statement No. 33-21672 and Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637.) 4. - A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 33-31019.) 6. - The consent of the Trustee required by Section 321(b) of the Act. (Exhibit 6 to Form T-1 filed with Registration Statement No. 33-44051.) 7. - A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. - -------- *Pursuant to General Instruction B, the Trustee has responded only to Items 1, 2 and 16 of this form since to the best of the knowledge of the Trustee the obligor is not in default under any indenture under which the Trustee is a trustee. NOTE Inasmuch as this Form T-1 is being filed prior to the ascertainment by the Trustee of all facts on which to base a responsive answer to Item 2, the answer to said Item is based on incomplete information. Item 2 may, however, be considered as correct unless amended by an amendment to this Form T-1. SIGNATURE Pursuant to the requirements of the Act, the Trustee, The Bank of New York, a corporation organized and existing under the laws of the State of New York, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in The City of New York, and State of New York, on the 23rd day of February, 1999. THE BANK OF NEW YORK By: MARY JANE SCHMALZEL -------------------------------- Mary Jane Schmalzel Vice President - 2 - EX-7 2 EXHIBIT 7 EXHIBIT 7 (Page 1 of 3) Consolidated Report of Condition of THE BANK OF NEW YORK of One Wall Street, New York, N.Y. 10286 And Foreign and Domestic Subsidiaries, a member of the Federal Reserve System, at the close of business December 31, 1998, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act. Dollar Amounts ASSETS in Thousands - ------ ------------ Cash and balances due from depository institutions: Noninterest-bearing balances and currency and coin......................... $ 3,951,273 Interest-bearing balances....................... 4,134,162 Securities: Held-to-maturity securities..................... 932,468 Available-for-sale securities................... 4,279,246 Federal funds sold and Securities purchased under agreements to resell.......... 3,161,626 Loans and lease financing receivables: Loans and leases, net of unearned income.......................... 37,861,802 LESS: Allowance for loan and lease losses.................... 619,791 LESS: Allocated transfer risk reserve......................... 3,572 Loans and leases, net of unearned income, allowance, and reserve................ 37,238,439 Trading Assets.................................... 1,551,556 Premises and fixed assets (including capitalized leases)............................. 684,181 Other real estate owned........................... 10,404 Investments in unconsolidated subsid- iaries and associated companies................. 196,032 Customers' liability to this bank on acceptances outstanding......................... 895,160 Intangible assets................................. 1,127,375 Other assets...................................... 1,915,742 ----------- Total assets...................................... $60,077,664 =========== EXHIBIT 7 (Page 2 of 3) LIABILITIES - ----------- Deposits: In domestic offices............................................... $27,020,578 Noninterest-bearing................................. 11,271,304 Interest-bearing.................................... 15,749,274 In foreign offices, Edge and Agreement subsidiaries, and IBFs.................... 17,197,743 Noninterest-bearing................................. 103,007 Interest-bearing.................................... 17,094,736 Federal funds purchased and Securities sold under agreements to repurchase .............................. 1,761,170 Demand notes issued to the U.S. Treasury.......................................................... 125,423 Trading liabilities................................................. 1,625,632 Other borrowed money: With remaining maturity of one year or less....................... 1,903,700 With remaining maturity of more than one year through three years ................................... 0 With remaining maturity of more than three years................................................... 31,639 Bank's liability on acceptances executed and outstanding.......................................... 900,390 Subordinated notes and debentures................................... 1,308,000 Other liabilities................................................... 2,708,852 ---------- Total liabilities................................................... 54,583,127 ---------- EQUITY CAPITAL - -------------- Common stock........................................................ 1,135,284 Surplus............................................................. 764,443 Undivided profits and capital reserves.......................................................... 3,542,168 Net unrealized holding gains (losses) on available-for-sale securities.................................. 82,367 Cumulative foreign currency translation adjustments.......................................... (29,725) ----------- Total equity capital................................................ 5,494,537 ----------- Total liabilities and equity capital................................ $60,077,664 =========== EXHIBIT 7 (Page 3 of 3) I, Thomas J. Mastro, Senior Vice President and Comptroller of the above-named bank do hereby declare that this Report of Condition has been prepared in conformance with the instructions issued by the Board of Governors of the Federal Reserve System and is true to the best of my knowledge and belief. Thomas J. Mastro We, the undersigned directors, attest to the correctness of this Report of Condition and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the Board of Governors of the Federal Reserve System and is true and correct. Thomas A. Renyi ) Gerald L. Hassell ) Directors Alan R. Griffith ) -----END PRIVACY-ENHANCED MESSAGE-----