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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
July 28, 2006
Date of Report (Date of earliest event reported)
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Commission File
Number
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Exact Name of Registrant as Specified in
Its Charter; State of Incorporation;
Address of Principal Executive Offices;
and Telephone Number
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IRS Employer
Identification Number |
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1-1839
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COMMONWEALTH EDISON COMPANY
(an Illinois corporation)
440 South LaSalle Street
Chicago, Illinois 60605-1028
(312) 394-4321
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36-0938600 |
1-16169
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EXELON CORPORATION
(a Pennsylvania corporation)
10 South Dearborn Street 37th Floor
P.O. Box 805379
Chicago, Illinois 60680-5379
(312) 394-7398
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23-2990190 |
333-85496
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EXELON GENERATION COMPANY, LLC
(a Pennsylvania limited liability company)
300 Exelon Way
Kennett Square, Pennsylvania 19348
(610) 765-6900
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23-3064219 |
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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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
TABLE OF CONTENTS
Section 8 Other Events
Item 8.01. Other Events
On August 31, 2005, Commonwealth Edison Company (ComEd) filed a rate case with the Illinois
Commerce Commission (ICC) to comprehensively review its tariff and to adjust ComEds rates for
delivering electricity effective January 2, 2007 (Rate Case). In the Rate Case, ComEd
sought a delivery service rate increase of over $300 million. On June 8, 2006, the Administrative
Law Judges assigned to the Rate Case issued a Proposed Order recommending that the ICC grant over
half of ComEds requested delivery service rate increase. On July 26, 2006, the ICC voted 5-0 for
an Order in the Rate Case. The ICC issued its written Order, dated July 26, 2006, on July 28,
2006. ComEd issued a press release concerning the Order on
July 28, 2006. A copy of ComEds press release is attached
as Exhibit 99.1. The ICC Order is available on the ICCs
website, http://eweb.icc.state.il.us/e-docket/. The Docket Number is
05-0597.
* * * * *
This combined Form 8-K is being furnished separately by ComEd, Exelon, and Exelon Generation
Company, LLC (Generation) (collectively, the Registrants). Information contained herein relating
to any individual Registrant has been furnished by such registrant on its own behalf. No
Registrant makes any representation as to information relating to any other Registrant.
Except for the historical information contained herein, certain of the matters discussed in this
Report are forward-looking statements, within the meaning of the Private Securities Litigation
Reform Act of 1995, that are subject to risks and uncertainties. The factors that could cause
actual results to differ materially from the forward-looking statements made by a registrant
include those factors discussed herein, as well as the items discussed in (a) the Registrants 2005
Annual Report on Form 10-KITEM 1A. Risk Factors, (b) the Registrants 2005 Annual Report on Form
10-KITEM 8. Financial Statements and Supplementary Data: ExelonNote 20, ComEdNote 17, and
GenerationNote 17, and (c) other factors discussed in filings with the SEC by the Registrants.
Readers are cautioned not to place undue reliance on these forward-looking statements, which apply
only as of the date of this Report. None of the Registrants undertakes any obligation to publicly
release any revision to its forward-looking statements to reflect events or circumstances after the
date of this Report.
Section 9Financial Statements and Exhibits
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
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Exhibit No. |
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Description |
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99.1
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ComEd Press Release dated
July 28, 2006 |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused
this report to be signed on its behalf by the undersigned hereunto duly authorized.
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COMMONWEALTH EDISON COMPANY |
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/s/ Robert K. McDonald |
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Robert K. McDonald |
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Senior Vice President, Chief Financial Officer, Treasurer and Chief Risk Officer |
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Commonwealth Edison Company |
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EXELON CORPORATION |
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EXELON GENERATION COMPANY, LLC |
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/s/ John F. Young |
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John F. Young |
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Executive Vice President, Finance and Markets, and Chief Financial Officer |
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Exelon Corporation |
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July 28, 2006 |
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EXHIBIT INDEX
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Exhibit No. |
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Description |
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99.1
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ComEd Press Release dated
July 28, 2006 |
exv99w1
Exhibit 99.1
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Contact: Judy Rader
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FOR IMMEDIATE RELEASE |
ComEd Media Relations |
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312-394-3500 |
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ComEd Deeply Disappointed in ICC Rate Case Ruling
ComEd to appeal decision
CHICAGO (July 28, 2006) ComEd today expressed deep disappointment with the Illinois Commerce
Commission (ICC) order adopted Wednesday in connection with ComEds electric delivery rate increase
request. ComEd had requested ICC approval to increase the electric delivery portion of its rates
by approximately $300 million an increase of approximately 6 percent on average residential
customer bills. In its order, the ICC approved an increase of only approximately $8.3 million.
We are surprised and quite disappointed with this result, stated J. Barry Mitchell, president of
ComEd. We believe that our delivery rate increase request was fully justified and necessary,
especially since our rates have been frozen at 1995 levels for nearly a decade, he continued. We
have no alternative but to ask the ICC to reconsider its decision. Mitchell noted.
Also yesterday, rating agency Moodys Investors Service downgraded ComEds unsecured debt to the
lowest investment grade rating, citing the challenging political and regulatory environment in
Illinois.
Since 1997, ComEds rates for residential customers have been reduced 20 percent and frozen at that
level under the Electric Service Customer Choice and Rate Relief Law, established by the Illinois
General Assembly. The rate cut and freeze, one of the largest and longest in the country, will
result in $4 billion of savings for residential customers by the end of this year. However, during
this time, ComEds cost to deliver electricity has gone up. ComEd has invested $3 billion since
2001 to expand and upgrade its transmission and delivery system.
The delivery service rate increase request is related only to the costs that ComEd incurs to
deliver electricity to all 3.7 million residential, commercial and industrial customers. The
delivery portion of customers bills represents approximately 30 to 40 percent of the total
electric bill for residential customers. The largest portion of residential billselectricity
costswill be determined in a competitive auction scheduled for this fall.
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Commonwealth Edison Company (ComEd) is a unit of Chicago-based Exelon Corporation (NYSE: EXC),
one of the nations largest electric utilities with approximately 5.2 million customers and more
than $15 billion in annual revenues. ComEd provides service to approximately 3.7 million customers
across Northern Illinois, or 70 percent of the states population.