Exelon 8-K 2005
Documents found in this filing:
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
November 4, 2005
Date of Report (Date of earliest event reported)
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:
Section 7 Regulation FD
Item 7.01. Regulation FD Disclosure
On November 6 -9, 2005, Exelon Corporation (Exelon) will participate in the Edison Electric Institute Financial Conference in Hollywood, Florida. Attached as Exhibit 99 to this Current Report on Form 8-K are the slides and handouts to be used at the conference. The handouts include relevant excerpts from the Illinois Public Utilities Act relating to ComEds energy procurement proposals; excerpts from testimony of experts of the Illinois Attorney General, Citizens Utility Board and Cook County States Attorney in ComEds energy procurement case pending before the Illinois Commerce Commission (ICC); three position papers summarizing the basis for ComEds positions with respect to the ICCs authority to approve an auction in the energy procurement case, ComEds right to recover its costs, and the Federal Energy Regulatory Commissions authority with respect to affiliate power contracts; and case schedules for various ComEd-related proceedings and merger regulatory proceedings.
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This combined Form 8-K is being furnished separately by Exelon, Commonwealth Edison Company (ComEd), PECO Energy Company (PECO) and Exelon Generation Company, LLC (Generation) (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.
This presentation includes 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 of Exelon Corporation (Exelon), Commonwealth Edison Company, PECO Energy Company, and Exelon Generation Company LLC (collectively, the Exelon Companies) to differ materially from these forward-looking statements include those discussed herein as well as those discussed in (1) the Exelon Companies 2004 Annual Report on Form 10-K in (a) ITEM 7. Managements Discussion and Analysis of Financial Condition and Results of Operations-Business Outlook and the Challenges in Managing the Business for each of Exelon, ComEd, PECO and Generation and (b) ITEM 8. Financial Statements and Supplementary Data: Exelon-Note 20, ComEd-Note 15, PECO-Note 14 and Generation-Note 16 and (2) Exelons Current Report on Form 8-K filed on May 13, 2005 in (a) Exhibit 99.2, Managements Discussion and Analysis of Financial Condition and Results of Operations - Exelon Business Outlook and the Challenges in Managing the Business and (b) Exhibit 99.3, Financial Statements and Supplementary Data Exelon Corporation and (3) other factors discussed in filings with the Securities and Exchange Commission (SEC) by the Exelon Companies. The factors that could cause actual results of Public Service Enterprise Group Incorporated (PSEG), Public Service Electric and Gas Company, PSEG Power LLC, and PSEG Energy Holdings L.L.C. (collectively, the PSEG Companies) to differ materially from these forward-looking statements include those discussed herein as well as those discussed in (1) the PSEG Companies Quarterly Report on Form 10-Q for the period ended September 30, 2005, in (a) Forward Looking Statements and (b) ITEM 2. Managements Discussion and Analysis of Financial Condition and Results of Operations and (2) other factors discussed in filings with the SEC by the PSEG Companies. A discussion of risks associated with the proposed merger of Exelon and PSEG is included in the joint proxy statement/prospectus that Exelon filed with the SEC pursuant to Rule 424(b)(3) on June 3, 2005 (Registration No. 333-122704). Readers are cautioned not to place undue reliance on these forward-looking statements, which apply only as of the date of this presentation. None of the Exelon Companies or the PSEG Companies undertakes any obligation to publicly release any revision to its forward-looking statements to reflect events or circumstances after the date of this presentation.
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.
November 4, 2005