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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
June 8, 2006
Date of Report (Date of earliest event reported)
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Commission File
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Exact Name of Registrant
as Specified in Its
Charter; State of
Incorporation; Address
of Principal Executive
Offices; and Telephone
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IRS Employer
Identification
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1-1839
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COMMONWEALTH EDISON COMPANY
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36-0938600 |
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(an Illinois corporation) |
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440 South LaSalle Street |
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Chicago, Illinois 60605-1028 |
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(312) 394-4321 |
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1-16169
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EXELON CORPORATION
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23-2990190 |
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(a Pennsylvania corporation) |
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10 South Dearborn Street 37th Floor |
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P.O. Box 805379 |
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Chicago, Illinois 60680-5379 |
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(312) 394-7398 |
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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.
As previously disclosed, on August 31, 2005 Commonwealth Edison Company (ComEd) filed with the
Illinois Commerce Commission (ICC) a proposal seeking approval of new rates, (rate case) to be
effective January 2, 2007. The rate case seeks to allocate the costs of supplying electricity and
to adjust ComEds rates for delivering electricity in ComEds service area to reflect ComEds
rising costs and significant capital investment in the ComEd delivery system. On June 8, 2006, the
ICCs administrative law judges assigned to the rate case issued a Proposed Order. A copy of
ComEds press release concerning the Proposed Order is attached as Exhibit 99.1 to this Report on
Form 8-K. The Proposed Order is available on the ICCs website,
http://eweb.icc.state.il.us/e-docket/. The Docket Number is 05-0597.
The parties to the rate case must file exceptions to the Proposed Order by June 19, 2006, and
replies to the exceptions must be filed by June 26, 2006. The ICCs final order is expected in July
2006.
Attached
as Exhibit 99.2 is a table comparing ComEds proposal and the
proposed order with respect to rate of return, revenue requirement
and rate increase, and rate base.
* * * * *
This combined Form 8-K is being filed separately by ComEd and Exelon Corporation (Exelon)
(together, 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.
Forward-Looking Statements
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, which 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) Exelons 2005 Annual
Report on Form 10-KITEM 1A Risk Factors, (b) Exelons 2005 Annual Report on Form 10-KITEM 8
Financial Statements and Supplementary Data: ExelonNote 20 and ComEdNote 17, and (c) other
factors discussed in filings with the SEC by ComEd and Exelon. Readers are cautioned not to place
undue reliance on these forward-looking statements, which apply only as of the date of this Report.
Neither ComEd nor Exelon 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 |
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99.2
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Comparison of Key Financial
Measures Related to the Rate Case |
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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EXELON CORPORATION
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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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June 14, 2006
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 |
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99.2
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Comparison of Key Financial
Measures Related to the Rate Case |
exv99w1
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News Release
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An Exelon Company |
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Contact: Tabrina Davis
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FOR IMMEDIATE RELEASE |
ComEd Media Relations |
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312-394-3500 |
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ComEd Disappointed in ALJ Ruling on Rate Case
CHICAGO (June 8, 2006) ComEd expressed disappointment in todays proposed order by the
administrative law judges (ALJ) in the delivery service rate case now before the Illinois Commerce
Commission (ICC). ComEd is seeking an increase that would amount to a 6 percent impact on the
average residential customers bill. This increase represents the increased costs of doing business
and system investments made since 2001. The proposed order recommends a $128 million reduction in
ComEds requested revenue increase. The last general service rate increase was in 1995.
We put forward a careful and precise accounting of our investments and the resources we require to
adequately maintain and improve the electric infrastructure that serves our 3.7 million customers,
said J. Barry Mitchell, president of ComEd. Our case is supported by facts and expert testimony
and we remain confident that the ICC, in its final order, will recognize the reasonableness of our
request.
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 have
resulted in $4 billion of savings for Illinois consumers by the end of this year. However, during
this time ComEds cost to deliver electricity has gone up.
The delivery service rate increase request is related only to the costs that ComEd incurs to
deliver electricity to its customers. This portion of customers bills represents approximately 30
to 40 percent of the total electric bill for residential customers. Under the ComEd requested rate
increase, the average residential customer with a $60 monthly bill would see an increase of about
$3.60 per month. Subject to the approval of the ICC, the rate increase would not take effect until
Jan. 2, 2007.
###
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.
exv99w2
Exhibit
99.2
COMED RATE CASE DOCKET NO. 05-0597
ALJ PROPOSED ORDER 6/8/06
SUMMARY
TABLE A: RATE OF RETURN
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Capital Structure |
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Cost of LT Debt |
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ROE |
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ROR |
Proposed Order |
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Common eq. 46.00% |
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6.50 |
% |
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10.19% |
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8.20% |
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LT Debt 54.00% |
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ComEd |
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Common eq. 54.20% |
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6.50 |
% |
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11.00% |
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8.94% |
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LT Debt 45.80% |
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TABLE B: REVENUE REQUIREMENT, RATE INCREASE
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Revenue Requirement |
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Revenue Increase(1) |
Proposed Order |
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$1,764,656,000 |
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$186,970,000 |
ComEd |
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$1,862,185,000 |
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$317,295,000 |
TABLE C: RATE BASE
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Gross Plant |
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Net Plant |
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Rate Base |
Proposed Order |
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$11,504,101,000 |
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$6,908,651,000 |
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$6,159,399,000 |
ComEd |
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$11,530,064,000 |
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$6,934,589,000 |
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$6,186,933,000 |
(1) An adjustment of ($32,796) referenced in Appendix A of the Proposed Order recognizes that
the current revenue base is presented two different ways in the filing. The first current rate
revenue of $1,545 million reflects the 2004 test year actual (not weather adjusted) delivery sales
multiplied by the DST rates in effect in 2004. The second current rate revenue of $1,578
million, on which the $187 million figure is based, reflects an upward adjustment of about $33
million for weather normalized 2004 test year delivery sales. The final revenue requirement of
$1,764,656,000 is the same regardless of the revenue base starting point. The listed revenue
increases are based on the weather normalized 2004 test year delivery sales.
Note: The Proposed Order may be subject to potential revisions.