-----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, CmlueDVheF0d8BUdrGnGAa5bcfux7w5MqjacrpXgoTBvmk+jgNXS8ckmHd2c7/NI SHesHZrmJn62gERih53dLg== 0000893838-99-000323.txt : 19991124 0000893838-99-000323.hdr.sgml : 19991124 ACCESSION NUMBER: 0000893838-99-000323 CONFORMED SUBMISSION TYPE: U-57 PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19991123 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AES CORPORATION CENTRAL INDEX KEY: 0000874761 STANDARD INDUSTRIAL CLASSIFICATION: COGENERATION SERVICES & SMALL POWER PRODUCERS [4991] IRS NUMBER: 541163725 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: U-57 SEC ACT: SEC FILE NUMBER: 073-00010 FILM NUMBER: 99763108 BUSINESS ADDRESS: STREET 1: 1001 N 19TH ST STREET 2: STE 2000 CITY: ARLINGTON STATE: VA ZIP: 22209 BUSINESS PHONE: 7035221315 U-57 1 File No. __________________ SECURITIES AND EXCHANGE COMMISSION Washington, D.C. FORM U-57 NOTIFICATION OF FOREIGN UTILITY COMPANY STATUS Filed under section 33(a) of the Public Utility Holding Company Act of 1935, as amended NATIONAL POWER DRAX LIMITED (Name of foreign utility company) THE AES CORPORATION 1001 N. 19th Street Suite 2000 Arlington, Virginia 22209 (Name of filing company, if filed on behalf of foreign utility company) The Commission is requested to mail copies of all correspondence relating to this Notification to: William R. Luraschi, Esq. The AES Corporation 1001 N. 19th Street Suite 2000 Arlington, Virginia 22209 Lynn N. Hargis, Esq. Chadbourne & Parke LLP 1200 New Hampshire Avenue, N.W. Suite 300 Washington, D.C. 20036 ITEM 1 Foreign utility status is claimed by National Power Drax Limited ("NPD"), a company incorporated under the laws of England and Wales. The business address of NPD is Drax Power Station, Selby, North Yorkshire, Y08 8PQ, England. NPD owns and operates a 4,000 MW coal fired electricity generating power plant located near Selby in North Yorkshire, England. The Company sells all its output into the Electricity Pool for England and Wales. The AES Corporation owns 100% of NPD through wholly owned subsidiaries. The AES Corporation is a Delaware corporation. ITEM 2 CILCO is a domestic associate of NPD through The AES Corporation's acquisition of CILCO, which was consummated October 18, 1999. The Commission issued an order on August 20, 1999, granting The AES Corporation a Section 3(a)(5) exemption from PUHCA if and when it indirectly acquired CILCO, a domestic public utility company. -2- The state commission certification from the Illinois Commerce Commission required under Section 33(a)(2) of the Act in connection with this transaction is attached. Signature The undersigned company has duly caused this statement to be signed on its behalf by the undersigned thereunto duly authorized. By: /s/ William R. Luraschi ----------------------- William R. Luraschi General Counsel The AES Corporation 1001 N. 19th Street Suite 2000 Arlington, Virginia 22209 (703) 522-1315 Dated: November 23, 1999 -3- State of Illinois Illinois Commerce Commission [Letterhead of Richard L. Mathias] March 10, 1999 Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Ladies and Gentlemen: We are writing to you with respect to Central Illinois Light Company ("CILCO") and its parent, CILCORP Inc., and the pending merger transaction involving CILCORP Inc. and The AES Corporation. We have been advised that The AES Corporation, through its subsidiaries (other than CILCORP Inc. or subsidiaries of CILCORP Inc.), affiliates, or through other entities, currently holds, and intends to continue to hold and acquire, ownership interest in electric and natural gas facilities in one or more foreign countries. We submit this letter pursuant to the requirements of Section 33(a)(2) of the Public Utility Holding Company Act of 1935, as amended (the "Act"). A 1997 Illinois law implemented changes to historical utility regulation. The law required all regulated electric utilities to reduce their rates to residential consumers in 1998 and, subject to certain specified exceptions, froze such electric rates until 2005. While neither the utilities nor the Illinois Commerce Commission ("Commission") can change bundled electric rates until 2005, the Commission retains jurisdiction to set rates for unbundled delivery service. In addition, electric utilities are subject to other statutory provisions that require a sharing of revenue with consumers if the utility earns more than certain specified thresholds. However, the restructuring legislation gave electric utilities great flexibility in writing down assets and accelerating depreciation, so utilities may be able to avoid triggering the over-earning threshold. Also the legislation removed Commission authority over the sale, lease or other transfer of assets to affiliated or unaffiliated entities until January 1, 2005. Also, the Commission has jurisdiction over electric and gas delivery system reliability. However, the Commission cannot order a utility to construct additional generation. Finally, while the Commission's authority to approve or disapprove some merger and reorganization transactions has been suspended until 2005, regulated utilities are required to provide the Commission with a 30-day advanced notice of any proposed transaction, with supporting documentation, and to file certain reports thereafter. The Illinois Commerce Commission hereby certifies to you that we have the authority and resources to protect Illinois consumers in accordance with the Illinois statutes discussed in the previous paragraph. We intend to exercise such authority. Sincerely, Illinois Commerce Commission /s/Richard L. Mathias Richard L. Mathias Chairman cc: Mr. Edward J. Griffin, DeFrees & Fiske Mr. Robert W. Wason, Security and Exchange Commission -----END PRIVACY-ENHANCED MESSAGE-----