-----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, QwyhtWyWLZsNLNkajnHFv866UwC8RNn+fOl6aAjyiqe2vqfCEBUwQC0w7ViCJ0+0 2fyqR9wisQX59WK8m/I/Xw== 0001031296-05-000114.txt : 20050406 0001031296-05-000114.hdr.sgml : 20050406 20050406171539 ACCESSION NUMBER: 0001031296-05-000114 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20050404 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20050406 DATE AS OF CHANGE: 20050406 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FIRSTENERGY CORP CENTRAL INDEX KEY: 0001031296 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 341843785 STATE OF INCORPORATION: OH FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 333-21011 FILM NUMBER: 05737610 BUSINESS ADDRESS: STREET 1: 76 SOUTH MAIN ST CITY: AKRON STATE: OH ZIP: 44308-1890 BUSINESS PHONE: 3303845100 MAIL ADDRESS: STREET 1: 76 SOUTH MAIN ST CITY: AKRON STATE: OH ZIP: 44308-1890 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PENNSYLVANIA POWER CO CENTRAL INDEX KEY: 0000077278 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 250718810 STATE OF INCORPORATION: PA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-03491 FILM NUMBER: 05737611 BUSINESS ADDRESS: STREET 1: 1 E WASHINGTON ST STREET 2: P O BOX 891 CITY: NEW CASTLE STATE: PA ZIP: 16103-0891 BUSINESS PHONE: 4126525531 FILER: COMPANY DATA: COMPANY CONFORMED NAME: TOLEDO EDISON CO CENTRAL INDEX KEY: 0000352049 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 344375005 STATE OF INCORPORATION: OH FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-03583 FILM NUMBER: 05737612 BUSINESS ADDRESS: STREET 1: 76 SOUTH MAIN STREET CITY: AKRON STATE: OH ZIP: 43308 BUSINESS PHONE: 2166229800 FILER: COMPANY DATA: COMPANY CONFORMED NAME: OHIO EDISON CO CENTRAL INDEX KEY: 0000073960 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 340437786 STATE OF INCORPORATION: OH FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-02578 FILM NUMBER: 05737613 BUSINESS ADDRESS: STREET 1: 76 S MAIN ST CITY: AKRON STATE: OH ZIP: 44308 BUSINESS PHONE: 2163845100 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CLEVELAND ELECTRIC ILLUMINATING CO CENTRAL INDEX KEY: 0000020947 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 340150020 STATE OF INCORPORATION: OH FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-02323 FILM NUMBER: 05737614 BUSINESS ADDRESS: STREET 1: 76 SOUTH MAIN STREET STREET 2: C/O FIRSTENERGY CORP CITY: AKRON STATE: OH ZIP: 44308 BUSINESS PHONE: 2166229800 8-K 1 main8k.htm FORM 8K (FE,OE,CEI,TE,PP) Form 8K (fe,oe,cei,te,pp)

UNITED STATES
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) April 4, 2005



Commission
Registrant; State of Incorporation;
I.R.S. Employer
File Number
Address; and Telephone Number
Identification No.
     
333-21011
FIRSTENERGY CORP.
34-1843785
 
(An Ohio Corporation)
 
 
76 South Main Street
 
 
Akron, OH 44308
 
 
Telephone (800)736-3402
 
     
1-2578
OHIO EDISON COMPANY
34-0437786
 
(An Ohio Corporation)
 
 
c/o FirstEnergy Corp.
 
 
76 South Main Street
 
 
Akron, OH 44308
 
 
Telephone (800)736-3402
 
     
1-2323
THE CLEVELAND ELECTRIC ILLUMINATING COMPANY
34-0150020
 
(An Ohio Corporation)
 
 
c/o FirstEnergy Corp.
 
 
76 South Main Street
 
 
Akron, OH 44308
 
 
Telephone (800)736-3402
 
     
1-3583
THE TOLEDO EDISON COMPANY
34-4375005
 
(An Ohio Corporation)
 
 
c/o FirstEnergy Corp.
 
 
76 South Main Street
 
 
Akron, OH 44308
 
 
Telephone (800)736-3402
 
     
1-3491
PENNSYLVANIA POWER COMPANY
25-0718810
 
(A Pennsylvania Corporation)
 
 
c/o FirstEnergy Corp.
 
 
76 South Main Street
 
 
Akron, OH 44308
 
 
Telephone (800)736-3402
 


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
 
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))




Item 8.01 Other Events


On April 4, 2005, the Nuclear Regulatory Commission (NRC) held a public forum to discuss FirstEnergy Nuclear Operating Company's (FENOC) performance at the Perry Nuclear Power Plant as identified in the NRC's annual assessment letter to FENOC. Similar public meetings are held with all nuclear power plant licensees following issuance by the NRC of their annual assessments. Ohio Edison Company, The Cleveland Electric Illuminating Company, The Toledo Edison Company and Pennsylvania Power Company own and/or lease the Plant.

According to the NRC, overall the Perry Plant operated "in a manner that preserved public health and safety" and met all cornerstone objectives although it remained under the previously-disclosed heightened NRC oversight since August 2004. During the public forum and in the annual assessment, the NRC indicated that additional inspections will continue and that the plant must improve performance to be removed from the Multiple/Repetitive Degraded Cornerstone Column of the Action Matrix. As previously disclosed, if performance does not improve, the NRC has a range of options under the Reactor Oversight Process from increased oversight to possible impact to the plant’s operating authority. The outcome of this matter cannot be predicted at this time.

The NRC's March 29, 2005 press release, which links to a letter to FENOC regarding the annual assessment, is attached as Exhibit 99.1 hereto and incorporated by reference.

Also, on March 30, 2005, the NRC issued a press release on its final determination that an emergency plan violation at the Perry Nuclear Plant on July 20, 2004 was of low to moderate safety significance. The NRC's press release of March 30, 2005 regarding this matter also is attached, as Exhibit 99.2 hereto, and incorporated by reference.

Item 9.01 Financial Statements and Exhibits

(c) Exhibits.
 

Exhibit No.
Description
99.1
NRC press release, dated March 29, 2005
   
99.2
NRC press release, dated March 30, 2005


Forward-Looking Statement: This Form 8-K includes forward-looking statements based on information currently available to management. Such statements are subject to certain risks and uncertainties. These statements typically contain, but are not limited to, the terms "anticipate," "potential," "expect," "believe," "estimate" and similar words. Actual results may differ materially due to the speed and nature of increased competition and deregulation in the electric utility industry, economic or weather conditions affecting future sales and margins, changes in markets for energy services, changing energy and commodity market prices, replacement power costs being higher than anticipated or inadequately hedged, maintenance costs being higher than anticipated, legislative and regulatory changes (including revised environmental requirements), the receipt of approval from and entry of a final order by the U.S. District Court, Southern District of Ohio on the pending settlement agreement resolving the New Source Review litigation and the uncertainty of the timing and amounts of the capital expenditures (including that such amounts could be higher than anticipated) related to this settlement, adverse regulatory or legal decisions and outcomes (including revocation of necessary licenses or operating permits, fines or other enforcement actions and remedies) of governmental investigations and oversight, including by the Securities and Exchange Commission, the United States Attorney's Office and the Nuclear Regulatory Commission as disclosed in the registrants’ Securities and Exchange Commission filings, generally, and with respect to the Davis-Besse Nuclear Power Station outage in particular, the availability and cost of capital, the continuing availability and operation of generating units, the inability to accomplish or realize anticipated benefits from strategic goals, the ability to improve electric commodity margins and to experience growth in the distribution business, the ability to access the public securities and other capital markets, further investigation into the causes of the August 14, 2003, regional power outage and the outcome, cost and other effects of present and potential legal and administrative proceedings and claims related to the outage, the final outcome in the proceeding related to FirstEnergy's Application for a Rate Stabilization Plan in Ohio, the risks and other factors discussed from time to time in the registrants’ Securities and Exchange Commission filings, and other similar factors. The registrants expressly disclaim any current intention to update any forward-looking statements contained herein as a result of new information, future events, or otherwise.


 
2


SIGNATURE



Pursuant to the requirements of the Securities Exchange Act of 1934, each Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.



April 6, 2005





 
FIRSTENERGY CORP.
 
Registrant
   
 
OHIO EDISON COMPANY
 
Registrant
   
 
THE CLEVELAND ELECTRIC
 
ILLUMINATING COMPANY
 
Registrant
   
 
THE TOLEDO EDISON COMPANY
 
Registrant
   
 
PENNSYLVANIA POWER COMPANY
 
Registrant





     
 
 
 
 
 
 
 
 
/s/ Harvey L. Wagner 
 

                  Harvey L. Wagner
                                   Vice President, Controller and
                                       Chief Accounting Officer
   
 

3
EX-99.1 2 ex99_1.htm EXHIBIT 99.1 Unassociated Document

EXHIBIT 99.1
NRC NEWS
U.S. NUCLEAR REGULATORY COMMISSION
Office of Public Affairs, Region III
801 Warrenville Road, Lisle IL 60532
www.nrc.gov

No. III-05-009
March 29, 2005

CONTACT:
Jan Strasma (630) 829-9663
 
Viktoria Mitlyng (630) 829-9662
 
E-mail: opa3@nrc.gov

NRC TO DISCUSS 2004 PERFORMANCE ASSESSMENT
FOR PERRY NUCLEAR POWER PLANT

The Nuclear Regulatory Commission staff will meet in Paineville, Ohio, on Monday, April 4, with representatives of FirstEnergy Nuclear Operating Company to discuss the agency’s assessment of safety performance for the year 2004 at the Perry Nuclear Power Plant. The plant is located at Perry, Ohio.

The meeting, which will be open to the public for observation, is scheduled to begin at Monday, April 4, 2005, at 6 p.m. in the Barberry Room at the Renaissance Quail Hollow Resort, 11080 Concord-Hambden Road, Painesville.

Before the meeting is adjourned, NRC staff will be available to answer questions from the public on the safety performance of the Perry plant, as well as the role of the NRC in ensuring safe plant operation.

The NRC continually reviews the performance of the Perry plant and the nation’s other commercial nuclear power facilities, NRC Region III Administrator James Caldwell said. This meeting will provide an opportunity for a discussion of our annual assessment of safety performance with the company and with local officials and residents who live near the plant. Our goal is to explain the NRC oversight process and make as much information as possible available to the public regarding our regulation of these facilities.

A letter sent from the NRC Region III Office to plant officials addresses the performance of the plant during the period and will serve as the basis for the meeting discussion. It is available on the NRC web site at: http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/perr_2004q4.pdf .

The NRC’s assessment concluded that the Perry plant operated safely during the 2004. However, because of equipment problems which occurred over a two-year period from 2002 through last year, the NRC in August increased its regulatory scrutiny over the plant.

During 2004, NRC inspections also identified issues with the plant’s corrective action program and with staff performance. Instances were noted where the plant staff did not take effective corrective actions in response to equipment problems or had to perform multiple revisions of its evaluations of the cause of the problems.

NRC inspection findings during the year also identified problems caused by failure to follow procedures or inattention to detail by the plant staff.

As a result of the NRC’s heightened oversight, the agency is conducting a broad inspection evaluating the performance of the Perry plant and the status of its activities to improve plant performance. The first two parts of this inspection have been completed, and the remaining portion of the inspection will be conducted in April and May. When the inspection in completed, the NRC will schedule a public meeting to discuss the findings of all three parts of the inspection and issue a written report.

Routine inspections are performed by two NRC Resident Inspectors assigned to the plant and by inspection specialists from the Region III Office in Lisle, Ill., and the agency’s headquarters in Rockville, Md. Among the areas of plant operations to be inspected this year by NRC specialists are emergency preparedness, maintenance, safety system performance, and how the plant finds and fixes problems.

Current performance information for Perry is available on the NRC’s web site at: http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/PERR1/perr1_chart.html.
EX-99.2 3 ex99_2.htm EXHIBIT 99.2 Exhibit 99.2

EXHIBIT 99.2

NRC NEWS
U.S. NUCLEAR REGULATORY COMMISSION
Office of Public Affairs, Region III
801 Warrenville Road, Lisle IL 60532
www.nrc.gov

No. III-05-010
March 30, 2005

CONTACT:
Jan Strasma (630) 829-9663
 
Viktoria Mitlyng (630) 829-9662
 
E-mail: opa3@nrc.gov

NRC FINDS EMERGENCY PLAN VIOLATION AT PERRY NUCLEAR PLANT
TO BE OF LOW TO MODERATE SAFETY SIGNIFICANCE
 
The Nuclear Regulatory Commission staff has issued its final determination that an emergency plan violation on July 20, 2004, at the Perry Nuclear Power Plant was of low to moderate safety significance. The plant, operated by FirstEnergy Nuclear Operating Company, is in Perry, Ohio.

NRC inspectors found that the Perry plant staff did not perform an emergency radiation dose assessment within 15 minutes as required when a radiation monitor in the plant’s ventilation system indicated an increased level of airborne radioactivity. Other plant radiation monitors were stable and showed normal levels of radioactivity. The plant staff subsequently determined that the elevated level reported by the ventilation system monitor was erroneous, caused by an equipment malfunction.

Because the malfunction was not immediately detected, the plant staff appropriately declared an Alert under its emergency plan. This is the second of four emergency classifications in increasing severity.

The Perry emergency plan requires that the staff perform a computer-based radiation dose assessment within 15 minutes in order to determine if a higher emergency classification is necessary. The dose assessment was not performed for 2 hours and 40 minutes.

The NRC staff has determined that the violation of the plant’s emergency plan procedures constitutes a white finding, one of low to moderate safety significance. The NRC has a color-coded system for assessing safety significance, ranging from green for findings of very low safety significance through white, yellow, and red.

We recognize that the actual safety significance of this event was low since it was caused by a faulty radiation monitor and not by an actual increase in radiation level, said James Caldwell, NRC Regional Administrator. However, following emergency procedures is important to safety. Determining the correct emergency classification assures that the plant has the staff and resources ready to respond to a problem.

White findings normally result in additional NRC inspections and meetings with the utility. Based on the white finding, the NRC issued a Notice of Violation to FirstEnergy for its failure to follow emergency plan procedures. The company is required to respond to the Notice of Violation within 30 days, describing its corrective actions and steps it is taking to prevent a recurrence of the violation.

The letter notifying FirstEnergy of the white finding will be available from the NRC’s Region III Office of Public Affairs or in the NRC’s online document library at http://www.nrc.gov/reading-rm/adams/web-based.html - use accession number ML050890076 to locate the document.

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