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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
December 20, 2006
Date of Report (Date of earliest event reported)
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Exact Name of Registrant as Specified in Its Charter; State of |
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Commission File |
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Incorporation; Address of Principal Executive Offices; and |
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IRS Employer |
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Telephone Number |
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Identification Number |
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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)) |
Section 8 Other Events
Item 8.01 Other Events.
On December 20, 2006, the Illinois Commerce Commission (ICC) approved a rate stabilization program
for Commonwealth Edison Company (ComEd) that allows residential customers to phase in over a number
of years rate increases initially scheduled to take effect on January 2, 2007, as well as a
real-time pricing program for ComEd that allows residential customers access to hourly electricity
pricing.
Additionally, on December 20, 2006, the ICC issued its written Order in the rehearing of ComEds
delivery service rate case. On July 26, 2006, the ICC approved a rate increase of $8.3
million. In its rehearing order the ICC approved an additional increase of $74.3 million for a
total increase of $82.6 million. As previously disclosed, ComEd believed the intent of
the July 26, 2006 Rate Order was to allow ComEd recovery of its previously incurred severance costs
of $158 million through its administrative and general (A&G) expenses; however, ComEd requested
clarification from the ICC during the rehearing related to the amount of A&G expenses. The
December 20, 2006 Order clarified the recovery of these previously incurred severance costs; as
such, ComEd anticipates recording a regulatory asset of $158 million in the fourth quarter of 2006
to reflect this clarification. The impact of recording this asset will not be included in Exelon
Corporations (Exelon) adjusted (non-GAAP) operating earnings for 2006.
ComEd issued a press release on December 20, 2006 concerning the above actions taken by the ICC. A
copy of ComEds press release is attached as Exhibit 99.1. The ICC Order regarding ComEds
delivery service rate case is available on the ICCs website, http://www.icc.illinois.gov/e-Docket.
The Docket Number is 05-0597.
On December 21, 2006, the Illinois Attorney General filed a motion in the Illinois Appellate Court
to stay scheduled increases in rates related to energy procurement during the pendency of her
appeal. ComEd will object to this motion.
* * * * *
This combined Form 8-K is being filed separately by ComEd and Exelon (together, 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.
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: ComEdNote 17 and ExelonNote 20 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 9 Financial 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 |
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, |
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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 |
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Chief Financial Officer |
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Exelon Corporation |
December 22, 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 |
exv99w1
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From:
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ComEd Media Relations
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FOR IMMEDIATE RELEASE |
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(312) 394-3500 |
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ICC Resolves Remaining Issues on 2007 Electricity Rates
Commission adopts two key programs to allow consumers to better manage electricity bills
CHICAGO (Dec. 20, 2006) The Illinois Commerce Commission (ICC) adopted two key programs that
will give Illinois consumers more options and greater flexibility in managing higher energy costs.
The ICC approved a rate stabilization program to allow residential customers to phase in 2007 rate
increases over a number of years, and a landmark residential real-time pricing program to allow
customers access to hourly electricity pricing. The ICC also finalized 2007 electricity rates with
a delivery service rate increase that would have a nominal impact on the average residential
customer bill.
With the enactment of these two very important and consumer-centric programs, Illinois once again
proves itself a national leader of innovative and forward-thinking energy policy, said ComEd
Chairman and CEO Frank M. Clark. These programs provide consumers with new choices to help them
manage their electricity bills in the face of higher energy prices.
Also today, the Commission issued its final order in the rehearing of ComEds delivery service rate
case, resulting in an additional modest recovery. The exact amount will not be known until the ICC
issues its written order, expected later today or tomorrow. Even if the ICC granted ComEds request
in full, the impact to the average residential customers bill would be less than 2 percent, or
less than 4 cents per day. ComEd says that the 2007 delivery service rate does not provide the
company with full cost recovery. Even with the adjustment, rates will still remain lower than they
were in 1995.
Rate Stabilization Program
The rate stabilization program allows residential customers the choice to limit the impact of any
rate increases over the next three years. Under the plan, customers choosing to participate would
see average residential rate increases capped at 10 percent in 2007, 2008 and 2009. Costs that
exceed the cap would be deferred and charged to customers over the following three years, 2010 to
2012. A carrying charge of 3.25 percent will be assessed to program participants to cover ComEds
cost of financing the program.
We developed and put this plan before the ICC because we are concerned about the impact rising
electricity costs will have on our customers, said Clark. This plan allows customers the option
to transition off frozen and reduced rates gradually instead of having to absorb the entire
increase all at once.
ComEd will send customers an enrollment form with an explanation of the program. Customers can
participate by filling out the form and sending it to ComEd. Those enrolling prior to March
22, 2007, will have the program become effective on their April 2007 bills. The sign-up window
runs through August 22, 2007. Customers will be able to voluntarily terminate participation in
the program at any time, with the deferral balance due immediately.
The rate phase-in plan is part of the ComEd CARE (Customers Affordable Reliable Energy) program.
CARE is a multiyear energy education and assistance program designed to provide customers with
information, tools and resources to ease the impact of the rising cost of electricity. Beyond the
rate stabilization program, CARE has two other components: energy efficiency programs to help
customers
ComEd
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reduce their usage and lower their bills, and assistance for low-income and senior customers.
Information on CARE is available at www.ComEdCARE.com.
Real-Time Pricing Program
The real-time pricing program, which will begin registering residential participants through a
third-party program administrator sometime in January, offers residential customers an alternative
to standard flat-rate utility billing.
Under the plans hourly pricing structure, if residential customers use less power during
higher-priced time periods, they will have the opportunity to control their electric bills. Price
information will be provided to customers by the program administrator. ComEd will name the
third-party program administrator in the coming weeks and the administrator will begin to accept
program participants in early 2007.
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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.