305B2 1 form305b2.htm SOUTHWESTERN PUBLIC SERVICE COMPANY 305B2 8-2-2011 form305b2.htm


united states
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
_______________________________________________________

U.S. BANK NATIONAL ASSOCIATION
(Exact name of Trustee as specified in its charter)

31-0841368
I.R.S. Employer Identification No.

800 Nicollet Mall
Minneapolis, Minnesota
 
55402
(Address of principal executive offices)
(Zip Code)

Joshua A. Hahn
U.S. Bank National Association
60 Livingston Avenue
St. Paul, MN 55107
(651) 495-5333
(Name, address and telephone number of agent for service)

Southwestern Public Service Company
(Issuer with respect to the Securities)
New Mexico
75-0575400
(State or other jurisdiction of incorporation or organization)
(I.R.S. Employer Identification No.)
   

Tyler at Sixth Street
Amarillo, TX
79101
(Address of Principal Executive Offices)
(Zip Code)

First Mortgage Bonds
  (Title of the Indenture Securities)
 


 
 

 

FORM T-1

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.

 
b)
Whether it is authorized to exercise corporate trust powers.
 
Yes
 
Item
2.     AFFILIATIONS WITH OBLIGOR. If the obligor is an affiliate of the Trustee, describe each such affiliation.
 
 
None

Items 3-14.
Items 3-14 are not applicable because to the best of the Trustee's knowledge, the obligor is not in default under any Indenture for which the Trustee acts as Trustee.

Item 15.
FOREIGN TRUSTEE. Not applicable.
 
Item 16.
LIST OF EXHIBITS: List below all exhibits filed as a part of this statement of eligibility and qualification.
 
 
1.
A copy of the Articles of Association of the Trustee.*
 
 
2.
A copy of the certificate of authority of the Trustee to commence business, attached as Exhibit 2.
 
 
3.
A copy of the certificate of authority of the Trustee to exercise corporate trust powers, attached as Exhibit 3.

 
4.
A copy of the existing bylaws of the Trustee.**
 
 
5.
A copy of each Indenture referred to in Item 4.  Not applicable.

 
6.
The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939, attached as Exhibit 6.

 
7.
Report of Condition of the Trustee as of March 31, 2011 published pursuant to law or the requirements of its supervising or examining authority, attached as Exhibit 7.

 
8.
Not applicable.

 
9.
Not applicable.

 
* Incorporated by reference to Exhibit 25.1 to Amendment No. 2 to registration statement on S-4, Registration Number 333-128217 filed on November 15, 2005.
 
** Incorporated by reference to Exhibit 25.1 to registration statement on S-4, Registration Number 333-166527 filed on May 5, 2010.

 
 

 
 
SIGNATURE

Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility and qualification to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of St. Paul, State of Minnesota on the 2nd of August, 2011.

 
By:
/s/ Joshua A. Hahn
 
   
Joshua A. Hahn
 
   
Assistant Vice President
 
 
 
 

 
 
Exhibit 2
 
 
 
 
 
 

 
 
Exhibit 3
 
 
 
 
 

 
 
Exhibit 6

CONSENT


In accordance with Section 321(b) of the Trust Indenture Act of 1939, the undersigned, U.S. BANK NATIONAL ASSOCIATION hereby consents that reports of examination of the undersigned by Federal, State, Territorial or District authorities may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.
 
 
Dated: August 2, 2011

 
By:
/s/ Joshua A. Hahn
 
   
Joshua A. Hahn
 
   
Assistant Vice President
 
 
 
 

 
 
Exhibit 7
U.S. Bank National Association
Statement of Financial Condition
As of 3/31/2011

($000’s)
 
   
3/31/2011
 
Assets
     
Cash and Balances Due From Depository Institutions
  $ 13,798,547  
Securities
    58,784,508  
Federal Funds
    4,446,250  
Loans & Lease Financing Receivables
    188,553,195  
Fixed Assets
    5,071,554  
Intangible Assets
    13,223,551  
Other Assets
    22,091,641  
Total Assets
  $ 305,969,246  
         
Liabilities
       
Deposits
  $ 215,206,369  
Fed Funds
    8,615,219  
Treasury Demand Notes
    0  
Trading Liabilities
    579,986  
Other Borrowed Money
    34,076,282  
Acceptances
    0  
Subordinated Notes and Debentures
    7,760,721  
Other Liabilities
    7,772,817  
Total Liabilities
  $ 274,011,394  
         
Equity
       
Minority Interest in Subsidiaries
  $ 1,761,010  
Common and Preferred Stock
    18,200  
Surplus
    14,136,872  
Undivided Profits
    16,041,770  
Total Equity Capital
  $ 31,957,852  
         
Total Liabilities and Equity Capital
  $ 305,969,246