-----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, VD/+VjhH04ROYxAhs/Ex4QaYJuYq9EPYo4k6VMRolG2Gd9X1zZKSZA9YnOiW/Kqr jqFiT0l/vDCiZSGgOD858g== 0000040779-99-000063.txt : 19991108 0000040779-99-000063.hdr.sgml : 19991108 ACCESSION NUMBER: 0000040779-99-000063 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 19991102 ITEM INFORMATION: ITEM INFORMATION: FILED AS OF DATE: 19991105 FILER: COMPANY DATA: COMPANY CONFORMED NAME: GPU INC /PA/ CENTRAL INDEX KEY: 0000040779 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 135516989 STATE OF INCORPORATION: PA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-06047 FILM NUMBER: 99742075 BUSINESS ADDRESS: STREET 1: C/O GPU SERVICE INC STREET 2: 300 MADISON AVE CITY: MORRISTOWN STATE: NJ ZIP: 079621911 BUSINESS PHONE: 9734558200 MAIL ADDRESS: STREET 1: C/O GPU SERVICE INC STREET 2: 300 MADISON AVE CITY: MORRISTOWN STATE: NJ ZIP: 07962 FILER: COMPANY DATA: COMPANY CONFORMED NAME: JERSEY CENTRAL POWER & LIGHT CO CENTRAL INDEX KEY: 0000053456 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 210485010 STATE OF INCORPORATION: NJ FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-03141 FILM NUMBER: 99742076 BUSINESS ADDRESS: STREET 1: 2800 POTTSVILLE PIKE CITY: READING STATE: PA ZIP: 19640-0001 BUSINESS PHONE: 6109293601 MAIL ADDRESS: STREET 1: C/O GPU ENERGY STREET 2: 2800 POTTSVILLE PIKE CITY: READING STATE: PA ZIP: 19640-0001 FILER: COMPANY DATA: COMPANY CONFORMED NAME: METROPOLITAN EDISON CO CENTRAL INDEX KEY: 0000065350 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 230870160 STATE OF INCORPORATION: PA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 033-51001 FILM NUMBER: 99742077 BUSINESS ADDRESS: STREET 1: 2800 POTTSVILLE PIKE STREET 2: MUHLENBERG TOWNSHIP CITY: READING STATE: PA ZIP: 19640-0001 BUSINESS PHONE: 2159293601 MAIL ADDRESS: STREET 1: C/O ENERGY GPU ENERGY STREET 2: 2800 POTTERVILLE CITY: READING STATE: PA ZIP: 19640-0001 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PENNSYLVANIA ELECTRIC CO CENTRAL INDEX KEY: 0000077227 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 250718085 STATE OF INCORPORATION: PA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-03522 FILM NUMBER: 99742078 BUSINESS ADDRESS: STREET 1: 2800 POTTSVILLE PIKE READING STREET 2: MUHLENBERG TOWNSHIP CITY: BERKS COUNTY STATE: PA ZIP: 19640-0001 BUSINESS PHONE: 6109293601 MAIL ADDRESS: STREET 1: C/O GPU ENERGY STREET 2: 2800 POTTSVILLE PIKE CITY: READING STATE: PA ZIP: 19605-2459 8-K 1 8-K SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ------------------- FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (date of earliest event reported): November 2, 1999 Commission Registrant, State of Incorporation, I.R.S. Employer File Number Address and Telephone Number Identification No. - ----------- ---------------------------- ------------------ 1-6047 GPU, Inc. 13-5516989 (a Pennsylvania corporation) 300 Madison Avenue Morristown, New Jersey 07962-1911 Telephone (973) 455-8200 1-3141 Jersey Central Power & Light Company 21-0485010 (a New Jersey corporation) 2800 Pottsville Pike Reading, Pennsylvania 19640-0001 Telephone (610) 929-3601 1-446 Metropolitan Edison Company 23-0870160 (a Pennsylvania corporation) 2800 Pottsville Pike Reading, Pennsylvania 19640-0001 Telephone (610) 929-3601 1-3522 Pennsylvania Electric Company 25-0718085 (a Pennsylvania corporation) 2800 Pottsville Pike Reading, Pennsylvania 19640-0001 Telephone (610) 929-3601 ITEM 5. OTHER EVENTS. ------------- As previously reported, following the March 1979 nuclear accident at Three Mile Island Unit No. 2, approximately 2100 individual claims for alleged personal injury (including punitive damage claims ) were filed against GPU, Inc. and its domestic utility subsidiary companies (GPU Energy companies) and consolidated before the United States District Court for the Middle District of Pennsylvania. In 1996, the District Court granted a motion for summary judgment filed by GPU, Inc. and the GPU Energy companies and dismissed not only the ten test cases which had been selected for a test case trial, but also all remaining pending claims. The District Court ruled, among other things, that plaintiffs failed to offer evidence which created a genuine issue of a material fact warranting submission of their claims to a jury. Plaintiffs then appealed the District Court ruling to the Court of Appeals for the Third Circuit (Third Circuit). On November 2, 1999, the Third Circuit affirmed the District Court's dismissal of the ten test cases, but set aside the dismissal of the additional pending claims, remanding them to the District Court for further proceedings. In remanding these claims, the Third Circuit held that the District Court had erred in extending its summary judgment decision to the other plaintiffs and imposing on these plaintiffs the District Court's finding that radiation exposures below 10 rems were too speculative to establish a causal link to cancer. The Third Circuit stated that the non-test case plaintiffs should be permitted to present their own individual evidence that exposure to radiation from the accident caused their cancers. GPU, Inc. and the GPU Energy companies believe that the Third Circuit has misinterpreted the record before the District Court as it applies to the non-test case plaintiffs and are considering asking the Third Circuit for reconsideration or rehearing of its decision. There can be no assurance as to the outcome of this litigation. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS. ------------------------------------------------------------------- (c) Exhibit 1. GPU News Release, dated November 3, 1999. SIGNATURE PURSUANT TO THE REQUIREMENTS OF THE SECURITIES EXCHANGE ACT OF 1934, THE REGISTRANTS HAVE DULY CAUSED THIS REPORT TO BE SIGNED ON THEIR BEHALF BY THE UNDERSIGNED THEREUNTO DULY AUTHORIZED. GPU, INC. JERSEY CENTRAL POWER & LIGHT COMPANY METROPOLITAN EDISON COMPANY PENNSYLVANIA ELECTRIC COMPANY By: /s/ T. G. Howson ------------------------------ T. G. Howson, Vice President and Treasurer Date: November 5, 1999 EX-99 2 EXHIBIT INDEX EXHIBIT TO BE FILED BY EDGAR ---------------------------- (c) 1 GPU News Release, dated November 3, 1999. EX-99 3 EXHIBIT (C) 1 Exhibit (c) 1 News Release GPU, Inc. GPU, Inc. Comments on Third Circuit Court's Ruling Regarding Personal Injury Claims from TMI-2 Morristown, NJ -- The Court of Appeals for the Third Circuit yesterday affirmed the dismissal of the ten "test cases" involving the 1979 nuclear accident at Three Mile Island Unit 2. The Court also set aside the dismissal of another 2000 claims and sent them back to the District Court for further proceedings. The District Court dismissed the ten cases on the grounds that the plaintiffs' expert witnesses were scientifically unreliable. "In remanding the remaining 2000 cases to the District Court for further proceedings, the Court of Appeals held that the District Court had erred in applying its summary judgment decision to dismiss the other plaintiffs' cases, and in imposing on these other plaintiffs, the District Court's finding that radiation exposures below 10 rems were too speculative to establish a causal link to cancer. The Court of Appeals stated that these plaintiffs should be permitted to attempt to show that doses below this level induced or caused their cancers. "We believe that the Court of Appeals was under the mistaken impression that the experts the plaintiffs relied on were only serving as experts for the "test case" plaintiffs, and that the summary judgment proceedings had not involved any plaintiffs other than the test case plaintiffs, until the point that judgment was entered," said A. H. Wilcox, attorney for the defendants. In fact, both of these impressions are contradicted by the record in the District Court, and defendants are considering what steps might be taken to bring this to the Court of Appeals' attention," he added. -XX- - ------------------------------------------------------------------------------ Contacts: GPU - Ned Raynolds, (973) 455-8294 -----END PRIVACY-ENHANCED MESSAGE-----