35-CERT 1 rule24edgarized7010100.htm RULE 24 - FILE NO. 070-10100 35-CERT 1 rule24filing

FILE NO. 70-10100

IN THE MATTER OF

FILE NO. 70-10100

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

CERTIFICATE OF NOTIFICATION PURSUANT TO RULE 24

UNDER

THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935

 

Allegheny Energy, Inc.
10435 Downsville Pike
Hagerstown, MD 21740

 

Allegheny Energy Supply Company, L.L.C.
4350 Northern Pike
Monroeville, PA 15146-2841

 

_____________________________

 

Allegheny Energy, Inc.
10435 Downsville Pike
Hagerstown, MD 21740

 

The Commission is requested to send copies of all notices, orders
and communications in connection with this Certificate of Notification to:

 

David B. Hertzog
Terence A. Burke
Allegheny Energy, Inc.
800 Cabin Hill Drive
Greensburg, PA 15601

Clifford M. Naeve
William C. Weeden
Skadden, Arps, Slate,
    Meagher & Flom LLP
1440 New York Avenue, NW
Washington, D.C. 20005

 

          On February 21, 2003, and July 23, 2003, the Securities and Exchange Commission ("Commission") issued orders in File No. 70-10100, Holding Co. Act Releases No. 35-27652 and 35-27701 (the "Orders"), authorizing, among other things, certain financing transactions. The Orders directed Allegheny Energy, Inc. ("Allegheny") to file on a quarterly basis with the Commission certificates pursuant to Rule 24 of the Public Utility Holding Company Act of 1935. Those certificates are to contain certain financial information pertaining to Allegheny and Allegheny Energy Supply Company, LLC ("AE Supply"), which Allegheny provides below for the period from October 1, 2003 through December 31, 2003 ("the current period").

 

          1.     A table showing, as of the end of each calendar month in the reporting period,
                  the dollar and percentage components of the capital structures of Allegheny
                  and AE Supply:

 

                Through September of fiscal year 2003, Allegheny and AE Supply were engaged in a comprehensive accounting review of their 2002 Financial Statements and, as a result, closed their 2003 books quarterly rather than monthly. Accordingly, Allegheny and AE Supply are only able to present the requested data as of December 31, 2003. Beginning in 2004, the companies have closed their books monthly and will henceforth respond fully to this item.

 

(Thousands)

December 31, 2003

Allegheny Energy Inc.

   
     

Common equity

$ 1,515,859

20.7%

Preferred stock

74,000

1.0%

Minority interest

13,457

0.2%

Long-term and short-term debt

5,725,890

78.1%

     

  Total Capitalization

$7,329,206

100.0%

 

Allegheny Energy Supply LLC.

   
     

Common equity

$ 768,772

19.2%

Preferred stock

--

0.0%

Minority interest

42,669

1.1%

Long-term and short-term debt

3,184,479

79.7%

     

  Total Capitalization

$3,995,920

100.0%

 

          2.     The amount and timing of any and all dividends declared and/or paid by AE
                  Supply to Allegheny and calculations showing the effect of such dividends on
                  the retained earnings, the common equity, and the members' interest of AE
                  Supply:

 

                                 No such dividends were declared and or paid during the current
                                 period.

 

          3.     A description of the use by Allegheny of any funds received as a dividend
                  from AE Supply:

 

                                 No such funds were received during the current period.

 

          4.     Updated financial projections for Allegheny and AE Supply, substantially in
                  the form of Exhibit H hereto, including statement of assumptions underlying
                  the financial projections:

 

                                 Filed in paper copy; confidential treatment requested pursuant to
                                 Rule 104(b), 17 CFR Sec. 250.104(b).

 

SIGNATURE

          Pursuant to the requirements of the Public Utility Holding Company Act of 1935, Allegheny Energy, Inc. has duly caused this Amendment to be signed on its behalf by the undersigned thereunto duly authorized.

 

Date:     March 30, 2004

 
 

Allegheny Energy, Inc.

By:           /s/ Regis F. Binder            
                 Regis F. Binder

Title:        Vice President and Treasurer
                      of Allegheny Energy, Inc.