305B2 1 g94679t1e305b2.htm FLORIDA POWER CORPORATION Florida Power Corporation
 


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


JPMORGAN CHASE BANK, NATIONAL ASSOCIATION

(Exact name of trustee as specified in its charter)
     
    13-4994650
(State of incorporation
  (I.R.S. employer
if not a national bank)
  identification No.)
 
1111 Polaris Parkway
   
Columbus, Ohio
  43271
(Address of principal executive offices)
  (Zip Code)

Thomas F. Godfrey

Vice President and Assistant General Counsel
JPMorgan Chase Bank, National Association
1 Chase Manhattan Plaza, 25th Floor
New York, NY 10081
Tel: (212) 552-2192
(Name, address and telephone number of agent for service)


FLORIDA POWER CORPORATION d/b/a PROGRESS ENERGY FLORIDA, INC.

(Exact name of obligor as specified in its charter)
     
Florida
  59-0247770
(State or other jurisdiction of
  (I.R.S. employer
incorporation or organization)
  identification No.)
 
100 Central Avenue
   
St. Petersburg, Florida
  33701
(Address of principal executive offices)
  (Zip Code)


First Mortgage Bonds

(Title of the indenture securities)



 

GENERAL

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.

  Comptroller of the Currency, Washington, D.C.
  Board of Governors of the Federal Reserve System, Washington, D.C., 20551
  Federal Deposit Insurance Corporation, Washington, D.C., 20429.

      (b) Whether it is authorized to exercise corporate trust powers.

  Yes.

Item 2. Affiliations with the Obligor and Guarantors.

      If the obligor or any guarantor is an affiliate of the trustee, describe each such affiliation.

      None.

Items 3-15.

      Pursuant to General Instruction B of the Form T-1, no responses are included for Items 3-15 because the obligor is not in default.

Item 16. List of Exhibits

      List below all exhibits filed as a part of this Statement of Eligibility.

      1. A copy of the Articles of Association of JPMorgan Chase Bank, N.A. (see Exhibit 1 to Form T-1 filed in connection with Registration Statement No. 333-106575, filed November 18, 2004, which is incorporated by reference).

      2. A copy of the Certificate of Authority of the Comptroller of the Currency for the trustee to commence business. (see Exhibit 2 to Form T-1 filed in connection with Registration Statement No. 333-106575, filed November 18, 2004, which is incorporated by reference).

      3. None. The authority of the trustee to exercise corporate trust powers being contained in the documents described in Exhibits 1 and 2.

      4. A copy of the existing By-Laws of the Trustee. (see Exhibit 4 to Form T-1 filed in connection with Registration Statement No. 333-106575, filed November 18, 2004, which is incorporated by reference).

      5. Not applicable.

      6. The consent of the Trustee required by Section 321(b) of the Act.

      7. A copy of the latest report of condition of the Trustee, published pursuant to law or the requirements of its supervising or examining authority.

      8. Not applicable.

      9. Not applicable.

-2-


 

SIGNATURE

      Pursuant to the requirements of the Trust Indenture Act of 1939 the Trustee, JPMorgan Chase Bank, N.A., has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Chicago and State of Illinois, on the 11th day of May, 2005.

  JPMORGAN CHASE BANK, N.A.

  By  /s/ JANICE OTT ROTUNNO
 
  Name: Janice Ott Rotunno
  Title: Authorized Officer

-3-


 

Exhibit 6 to Form T-1

THE CONSENT OF THE TRUSTEE REQUIRED

BY SECTION 321(b) OF THE ACT

May 11, 2005

Securities and Exchange Commission

Washington, D.C. 20549

Ladies and Gentlemen:

In connection with the qualification of an indenture between Florida Power Corporation d/b/a Progress Energy Florida, Inc., and JPMorgan Chase Bank, N.A., as Trustee, the undersigned, in accordance with Section 321(b) of the Trust Indenture Act of 1939, as amended, hereby consents that the reports of examinations of the undersigned, made by Federal or State authorities authorized to make such examinations, may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.

  Very truly yours,
 
  JPMorgan Chase Bank, N.A.

  By:  /s/ JANICE OTT ROTUNNO
 
  Name: Janice Ott Rotunno
  Title: Authorized Officer


 

Exhibit 7 to Form T-1

Bank Call Notice

RESERVE DISTRICT NO. 2

CONSOLIDATED REPORT OF CONDITION OF

JPMorgan Chase Bank, N.A.

of 270 Park Avenue, New York, New York 10017
and Foreign and Domestic Subsidiaries,
a member of the Federal Reserve System,

at the close of business December 31, 2004, 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
in Millions

ASSETS
       
 
Cash and balances due from depository institutions:
       
 
Noninterest-bearing balances and currency and coin
  $ 33,880  
 
Interest-bearing balances
    32,628  
Securities:
       
Held to maturity securities
    110  
Available for sale securities
    78,962  
Federal funds sold and securities purchased under agreements to resell:
       
 
Federal funds sold in domestic offices
    31,459  
 
Securities purchased under agreements to resell
    106,872  
Loans and lease financing receivables:
       
 
Loans and leases held for sale
    24,495  
             
Loans and leases, net of unearned income
  $ 341,550      
Less: Allowance for loan and lease losses
    5,313      
           
 
Loans and leases, net of unearned income and allowance
    336,237  
Trading Assets
    236,768  
Premises and fixed assets (including capitalized leases)
    7,994  
Other real estate owned
    141  
Investments in unconsolidated subsidiaries and associated companies
    786  
Customers’ liability to this bank on acceptances outstanding
    471  
Intangible assets
       
 
Goodwill
    23,120  
 
Other Intangible assets
    9,871  
Other assets
    43,571  
     
 
TOTAL ASSETS
  $ 967,365  
     
 


 

           
 
LIABILITIES
       
 
Deposits
       
 
In domestic offices
  $ 367,865  
             
Noninterest-bearing
  $ 133,284      
Interest-bearing
    234,581      
           
 
In foreign offices, Edge and Agreement subsidiaries and IBF’s
    149,845  
             
Noninterest-bearing
  $ 7,002      
Interest-bearing
    142,843      
           
Federal funds purchased and securities sold under agreements to repurchase:
       
 
Federal funds purchased in domestic offices
    15,415  
 
Securities sold under agreements to repurchase
    71,311  
Trading liabilities
    140,576  
Other borrowed money (includes mortgage indebtedness and obligations under capitalized leases)
    77,735  
Bank’s liability on acceptances executed and outstanding
    471  
Subordinated notes and debentures
    18,767  
Other liabilities
    43,384  
TOTAL LIABILITIES
    885,369  
Minority Interest in consolidated subsidiaries
    1,356  
 
EQUITY CAPITAL
       
 
Perpetual preferred stock and related surplus
    0  
Common stock
    1,785  
Surplus (exclude all surplus related to preferred stock)
    58,290  
Retained earnings
    20,968  
Accumulated other comprehensive income
    (403 )
Other equity capital components
    0  
TOTAL EQUITY CAPITAL
    80,640  
     
 
TOTAL LIABILITIES, MINORITY INTEREST, AND EQUITY CAPITAL
  $ 967,365  
     
 

I, Joseph L. Sclafani, E.V.P. & Controller of the above-named bank, do hereby declare that this Report of Condition has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true to the best of my knowledge and belief.

  JOSEPH L. SCLAFANI

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 appropriate Federal regulatory authority and is true and correct.

             
    WILLIAM B. HARRISON, JR.   )    
    JAMES DIMON   )   DIRECTORS
    MICHAEL J. CAVANAGH   )