EX-25 22 ex25-02.htm FORM T-1 - MORTGAGE

EXHIBIT 25.02

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FORM T-1

SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

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)           |__|

___________________________

THE BANK OF NEW YORK
(Exact name of trustee as specified in its charter)

New York
(State of incorporation
if not a U.S. national bank)

13-5160382
(I.R.S. employer
identification no.)

One Wall Street, New York, N.Y.
(Address of principal executive offices)

10286
(Zip code)

___________________________

ATLANTIC CITY ELECTRIC COMPANY
(Exact name of obligor as specified in its charter)

New Jersey
(State or other jurisdiction of
incorporation or organization)

21-0398280
(I.R.S. employer
identification no.)

800 King Street
P.O. Box 231
Wilmington, Delaware
(Address of principal executive offices)



19899
(Zip code)

___________________________

First Mortgage Bonds
(Title of the indenture securities)

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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.

Name

Address

          Superintendent of Banks of the State of
          New York

2 Rector Street, New York, N.Y. 10006, and Albany, N.Y. 12203

          Federal Reserve Bank of New York

33 Liberty Plaza, New York, N.Y. 10045

          Federal Deposit Insurance Corporation

Washington, D.C. 20429

          New York Clearing House Association

New York, New York 10005

  

(b)

Whether it is authorized to exercise corporate trust powers.

 

Yes.

 

2.

Affiliations with Obligor.

 

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

 

None.

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 17 C.F.R. 229.10(d).

 

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.)

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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.

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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 9th day of September, 2003.

                            

THE BANK OF NEW YORK

By: /S/ ROBERT A. MASSIMILLO
Name:   ROBERT A. MASSIMILLO
Title:     VICE PRESIDENT

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EXHIBIT 7

_____________________________________________________________________________

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 June 30, 2003, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act.

ASSETS

 

Dollar Amounts
In Thousands

Cash and balances due from depository
   institutions:

   

   Noninterest-bearing balances and currency and
       coin

 

$4,257,371

   Interest-bearing balances

 

6,048,782

Securities:

   

   Held-to-maturity securities

 

373,479

   Available-for-sale securities

 

18,918,169

Federal funds sold in domestic offices

 

6,689,000

Securities purchased under agreements to
   resell

 

5,293,789

Loans and lease financing receivables:

   

   Loans and leases held for sale

 

616,186

   Loans and leases, net of unearned
      income                                38,342,282

   

   LESS: Allowance for loan and
      lease losses                              819,982

   

   Loans and leases, net of unearned
      income and allowance

37,522,300

 

Trading Assets

 

5,741,193

Premises and fixed assets (including
   capitalized leases)

 

958,273

Other real estate owned

 

441

Investments in unconsolidated subsidiaries
   and associated companies

 

257,626

Customers' liability to this bank on
   acceptances outstanding

 

159,995

Intangible assets

   

   Goodwill

 

2,554,921

   Other intangible assets

 

805,938

Other assets

 

    6,285,971

Total assets

 

$96,483,434


LIABILITIES

   

Deposits:

   

   In domestic offices

 

$37,264,787

   Noninterest-bearing

15,357,289

 

   Interest-bearing

21,907,498

 

   In foreign offices, Edge and Agreement
      subsidiaries, and IBFs

 

28,018,241

   Noninterest-bearing

1,026,601

 

   Interest-bearing

26,991,640

 

Federal funds purchased in domestic
   offices

 

739,736

Securities sold under agreements to
   repurchase

 

465,594

Trading liabilities

 

2,456,565

Other borrowed money:
   (includes mortgage indebtedness and
   obligations under capitalized leases)

 

8,994,708

Bank's liability on acceptances executed and
   outstanding

 

163,277

Subordinated notes and debentures

 

2,400,000

Other liabilities

 

    7,446,726

Total liabilities

 

$87,949,634

Minority interest in consolidated
   subsidiaries

 

519,472

EQUITY CAPITAL

   

Perpetual preferred stock and related
   surplus

 

0

Common stock

 

1,135,284

Surplus

 

2,056,273

Retained earnings

 

4,694,161

Accumulated other comprehensive income

 

128,610

Other equity capital components

 

0

Total equity capital

 

    8,014,328

Total liabilities minority interest and equity
   capital

 

$96,483,434


          I, Thomas J. Mastro, Senior Vice President and Comptroller of the above-named bank do hereby declare that this Report of Condition is true and correct to the best of my knowledge and belief.

 

Thomas J. Mastro,      
Senior Vice President and Comptroller      

          We, the undersigned directors, attest to the correctness of this statement of resources and liabilities. We 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 and is true and correct.


Thomas A. Renyi
Gerald L. Hassell
Alan R. Griffith

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Directors

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