-----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, FwmBkTY1zI5Ru429o3onOfHO2pjWJntXryu6zGgbed20+Fu4v/rFJ0Tm+ywR7KG5 wJa6HXh4vB+V888onooCNg== 0000078100-97-000020.txt : 19970513 0000078100-97-000020.hdr.sgml : 19970513 ACCESSION NUMBER: 0000078100-97-000020 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19970512 ITEM INFORMATION: Changes in control of registrant FILED AS OF DATE: 19970512 SROS: NYSE SROS: PHLX FILER: COMPANY DATA: COMPANY CONFORMED NAME: PECO ENERGY CO CENTRAL INDEX KEY: 0000078100 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 230970240 STATE OF INCORPORATION: PA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-01401 FILM NUMBER: 97600449 BUSINESS ADDRESS: STREET 1: 2301 MARKET ST STREET 2: P O BOX 8699 CITY: PHILADELPHIA STATE: PA ZIP: 19103 BUSINESS PHONE: 2158414000 FORMER COMPANY: FORMER CONFORMED NAME: PHILADELPHIA ELECTRIC CO DATE OF NAME CHANGE: 19920703 8-K 1 PECO ENERGY CO 5/12/97 8-K FORM 8-K SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report: May 12, 1997 PECO ENERGY COMPANY (Exact name of registrant as specified in its charter) PENNSYLVANIA 1-1401 23-0970240 (State or other (SEC (IRS Employer jurisdiction of file number) Identification incorporation) Number) 230l Market Street, Philadelphia, Pennsylvania 19101 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (215) 841-4000 Item 1. Legal Proceedings As previously reported in the Company's Annual Report on Form 10-K for the year ended December 31, 1996, on March 5, 1996, the Company and Delmarva Power & Light Company (Delmarva) filed an action in the United States District Court for the Eastern District of Pennsylvania against Public Service Enterprise Group Incorporated (Public Service) and its subsidiary Public Service Electric and Gas Company (PSE&G) concerning the shutdown of the Salem Generating Station (Salem). On May 9, 1997, the parties to the litigation entered into a settlement agreement, which has been approved by PECO Energy's Board of Directors. Under the terms of the settlement, PSE&G will pay the plaintiffs $82 million. The Company will receive $69,848,600 and Delmarva will receive $12,151,400. The payments will be made on December 31, 1997. The settlement also provides that if the current outage exceeds 64 reactor unit months, then PSE&G will pay the plaintiffs, in addition to the $82 million, $1.4 million per reactor unit month, up to an aggregate of $17 million. The Company and Delmarva would receive $1,192,520 and $207,480 per reactor unit month, respectively. A reactor unit month is a month during the current outage in which a unit is off-line. Salem Unit No. 1 has been off-line since May 17, 1995, and Unit No. 2 has been off-line since June 7, 1995. Under the settlement, none of the parties admits any liability. The terms of the settlement also include a term sheet setting forth provisions regarding liability and performance obligations of the plant operator in connection with the owners agreements for Salem and Peach Bottom Atomic Power Station. The term sheet provides for payments to the non-operating owners if a station's electrical output falls below specified ranges. The parties also intend to negotiate a more complete agreement embodying the provisions of the term sheet. The settlement is unrelated to the claims of the Salem co-owners asserted against Westinghouse Electric Corporation on February 27, 1996. * * * * Item 5. Other Events As previously reported in the Current Report on Form 8-K dated February 27, 1997, the Company filed with the Pennsylvania Public Utility Commission (PUC) its comprehensive pilot program to enable some 90,000 customers to choose their electric suppliers beginning as early as October 1997 in accordance with the Pennsylvania Electricity Generation Competition and Customer Choice Act. On May 8, 1997, the PUC issued a Preliminary Opinion and Order (Preliminary Order) which revised the retail choice pilot programs proposed by the Company and the other utilities in the state. The Preliminary Order provides for the following: - Market-based generation price of 3 cents per kWh credited to retail customer bills during the pilot program; - A fixed rate that reflects 75 percent recovery of stranded costs during the pilot program; and - Requirement to track any difference between the 75 percent and the ultimate stranded cost recovery level adopted, subject to possible true-up at a later time. Pilot programs are scheduled to begin in the fall of 1997 and last through the end of 1998. Written comments to the PUC regarding the preliminary order are due May 22, 1997. * * * * SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. PECO ENERGY COMPANY s\ J. B. Mitchell Vice President - Finance and Treasurer May 12, 1997 -----END PRIVACY-ENHANCED MESSAGE-----