Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Notices 76797

FOR FURTHER INFORMATION CONTACT: Metro Tech Center, , NY involving the divestiture of one or more Robert Tuleya, Senior Counsel, Division 11201, has filed a declaration Nonutility Subsidiaries, Delta KeySpan, of Investment Management, at (202) (‘‘Declaration’’) with the Commission LLC (‘‘Delta KeySpan’’), Granite State 942–0719. under sections 6(a) and 7 and rule 54 Plumbing & Heating, LLC (‘‘Granite At times, changes in Commission under the Act. State’’) and Northern Peabody, LLC priorities require alterations in the Applicants KeySpan states that it is a (‘‘Northern Peabody’’ and, collectively scheduling of meeting items. For further diversified registered public utility ‘‘KSI Nonutilities’’), which are owned information and to ascertain what, if holding company. KeySpan directly or indirectly by KeySpan Services, Inc. any, matters have been added, deleted indirectly owns seven public utility (‘‘KSI’’).2 KeySpan states that the or postponed, please contact: The Office companies in and divestiture transactions will involve the of the Secretary at (202) 942–7070. .1 KeySpan also directly continued maintenance of certain or indirectly owns various nonutility Dated: December 17, 2004. existing Guarantees by KeySpan in favor subsidiaries (collectively referred to as of the KSI Nonutilities that were Jonathan G. Katz, the ‘‘Nonutility Subsidiaries’’) through previously issued in accordance with Secretary. which KeySpan engages in energy the Financing Order (‘‘KSI Divestiture [FR Doc. 04–28053 Filed 12–17–04; 4:03 pm] related nonutility activities. Transaction’’). KeySpan expects to sell BILLING CODE 8010–01–P By order dated December 18, 2003 these KSI Subsidiaries to individuals, (HCAR No. 27776) (‘‘Financing Order’’), groups or corporations. KeySpan the Commission authorized KeySpan requests authorization to engage in KSI SECURITIES AND EXCHANGE and its subsidiaries to engage in a Divestiture Transactions from time to COMMISSION program of external and intrasystem time, the specific terms and conditions [Release No. 35–27926] transactions including, among other of which are not at this time known, things, to engage in certain types of without further prior approval by the Filings Under the Public Utility Holding credit support arrangements through Commission. Company Act of 1935, as Amended December 31, 2006 (‘‘Authorization In connection with these proposed (‘‘Act’’) Period’’). The Financing Order divestitures, KeySpan states that the authorized KeySpan to enter into terms of these previously issued and December 17, 2004. guarantees (‘‘Guarantees’’), performance authorized Guarantees would not Notice is hereby given that the Guarantees, obtain letters of credit, enter change in any respect. No new following filing(s) has/have been made into expense agreements or otherwise Guarantees and indemnities would be with the Commission pursuant to provide credit support with respect to issued in connection with any proposed provisions of the Act and rules the obligations of its subsidiaries as may KSI Divestiture Transaction. KeySpan promulgated under the Act. All be appropriate or necessary to enable states that the Guarantees would remain interested persons are referred to the the subsidiaries to carry on in the in place only for an interim period until application(s) and/or declaration(s) for ordinary course of their respective the completion of a project and the complete statements of the proposed businesses in an aggregate principal expiration of any associated warranty transaction(s) summarized below. The amount not to exceed $4.0 billion period in accordance with contractual application(s) and/or declaration(s) and outstanding at any one time (excluding obligations. KeySpan states that the any amendment(s) is/are available for obligations exempt under rule 45) original aggregate value of the issued public inspection through the (‘‘Guarantee Financing Limit’’). Guarantees was approximately $76 Commission’s Branch of Public KeySpan now requests authorization million. KeySpan states that the Reference. to engage in certain transactions presently outstanding aggregate Interested persons wishing to exposure of the Guarantees has been 1 (i) The Brooklyn Union Gas Company d/b/a comment or request a hearing on the substantially reduced and as of application(s) and/or declaration(s) KeySpan Energy Delivery New York (‘‘KEDNY’’), which distributes natural gas at retail to residential, November 30, 2004 is approximately should submit their views in writing by commercial and industrial customers in the New $23 million. January 6, 2005, to the Secretary, York City boroughs of Brooklyn, Staten Island and KeySpan states that each of the Securities and Exchange Commission, ; (ii) KeySpan Gas East Corporation d/b/a KeySpan Energy Delivery (‘‘KEDLI’’), Guarantees have varying terms, and in Washington, DC 20549–0609, and serve which distributes natural gas at retail to customers certain cases the term has no date a copy on the relevant applicant(s) and/ in New York State located in the counties of Nassau or declarant(s) at the address(es) and Suffolk on Long Island and the Rockaway 2 KeySpan states that Delta KeySpan is a Delaware Peninsula in Queens County; (iii) KeySpan specified below. Proof of service (by limited liability company which designs, builds Generation LLC (‘‘KeySpan Generation’’), which and installs HVAC systems primarily for affidavit or, in the case of an attorney at owns and operates electric generation capacity commercial customers in Rhode Island and the New law, by certificate) should be filed with located on Long Island all of which is sold at England region. KeySpan states that Granite State the request. Any request for hearing wholesale to the Long Island Power Authority (‘‘LIPA’’) for resale by LIPA to its approximately 1.1 (formerly Granite State Plumbing and Heating, Inc.) should identify specifically the issues of million customers; (iv) Boston Gas Company d/b/ is a Delaware limited liability company that is a facts or law that are disputed. A person a KeySpan Energy Delivery New England (‘‘Boston mechanical contractor engaged in the design, who so requests will be notified of any Gas’’), which distributes natural gas to customers installation and service of commercial and industrial plumbing, HVAC equipment and process hearing, if ordered, and will receive a located in Boston and other cities and towns in eastern and central Massachusetts; (v) Essex Gas piping systems for customers in the industrial and copy of any notice or order issued in the Company d/b/a KeySpan Energy Delivery New governmental sector, as well as real estate matter. After January 6, 2005, the England (‘‘Essex Gas’’), which distributes natural developers in new England. KeySpan states that application(s) and/or declaration(s), as gas to customers in eastern Massachusetts; (vi) Northern Peabody (formerly Northern Peabody, Colonial Gas Company d/b/a KeySpan Energy Inc.) is a Delaware limited liability company that filed or as amended, may be granted Delivery New England (‘‘Colonial Gas’’), which is a mechanical contractor engaged in the design, and/or permitted to become effective. distributes natural gas to customers located in installation and service of plumbing, heating, northeastern Massachusetts and on Cape Cod; and ventilation, air conditioning and process piping KeySpan Corporation (70–10274) (vii) EnergyNorth Natural Gas, Inc. d/b/a KeySpan systems. It serves commercial, industrial and KeySpan Corporation (‘‘KeySpan’’), a Energy Delivery New England (‘‘ENGI’’), which institutional customers, in the hospital, healthcare distributes natural gas to customers located in and governmental markets in New Hampshire, combination gas and electric registered southern and central New Hampshire, and the City southern Maine and Massachusetts (excluding public utility holding company, One of Berlin located in northern New Hampshire. Boston).

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certain but is set to expire upon LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with record of such orders provided to them completion of the associated work the Securities and Exchange by the Exchange for this purpose. project. In any event, KeySpan states Commission (‘‘SEC’’ or ‘‘Commission’’) (c) Rescinded. that with respect to each of the KSI the proposed rule change as described (d) Every member or member Nonutilities, none of the Guarantees, in Items I, II below, which Items have organization shall preserve for at least including any associated warranty been prepared by the Exchange. On three years a record of every period, are expected to terminate later December 15, 2004, the Exchange commitment or obligation to trade than the dates set forth below: submitted Amendment No. 1 to the issued from the Floor and cancellation Delta KeySpan, LLC: February 28, 2007 proposed rule change.3 The Commission thereof, which record shall include the Granite State Plumbing & Heating, LLC: is publishing this notice to solicit name, amount, and price of the security, September 30, 2006 comments on the proposed rule change the destination market center, and the Northern Peabody, LLC: February 28, from interested persons. time when such commitment was 2006 issued or cancelled. I. Self-Regulatory Organization’s (e) Every member or member KeySpan also requests that the Statement of the Terms of Substance of organization shall maintain for at least Commission reserve jurisdiction over the Proposed Rule Change three years a record of every order and the maintenance, for an interim period every modification and cancellation of of time, of certain existing Guarantees The Amex proposes to amend its Rule such order entered into the After-Hours and other credit support mechanisms, 153 relating to the creation of an Trading Facility (as Rule 1300 (After- previously issued under the Financing electronic audit trail. The text of the Hours Trading: Applicability and Order and directly related to the proposal rule change is set forth below. Definitions) defines that term), which proposed divestiture of the following New text is in italics; deletions are in record shall include the name and additional KSI subsidiaries: WDF Inc. brackets. amount of the security, the terms of the (‘‘WDF’’), and its subsidiaries, Binsky & * * * * * order, the time when it was so entered, Snyder, LLC (‘‘Binsky’’) and its and the time at which a report of subsidiaries and Binsky and Snyder Record of Orders execution was received. Every specialist Service, LLC (‘‘Binsky Service’’).3 Rule 153. (a) Every member or shall maintain for at least three years For the Commission by the Division of member organization shall maintain a reports of all executions and Investment Management, pursuant to record of every order and every modification and cancellations of orders delegated authority. modification and cancellation of such placed with the specialist through the Margaret H. McFarland, order transmitted to the Floor of the After-Hours Trading Facility. Deputy Secretary. Exchange, which record shall include (f) Every member or member [FR Doc. 04–27998 Filed 12–21–04; 8:45 am] the name, amount and price of the organization shall maintain a record for BILLING CODE 8010–01–M security and the time when such order, at least three years of every report of the modification or cancellation was so execution of an order, commitment or transmitted. obligation covered by paragraph (a), (b), SECURITIES AND EXCHANGE (b) Every member or member (d) or (e) of this rule in addition to the COMMISSION organization shall maintain a record of record required by such paragraphs, [Release No. 34–50866; File No. SR–Amex– every order and every modification and which shall include the time of the 2003–90] cancellation of such order received by receipt of such report. such member or member organization (g) Before any order, commitment or Self-Regulatory Organizations; Notice on the Floor of the Exchange. Such obligation covered by paragraph (a), (b), of Filing of Proposed Rule Change by record shall include the name, amount (d) or (e) of this rule is executed, there American Stock Exchange LLC and price of the security and the time shall be placed upon the order slip or Relating to the Amendment of when such order, modification or other record the name or designation of Exchange Rule 153 and Amendment cancellation was received. With respect the account for which such order, No. 1 Thereto to orders that are eligible for input into commitment or obligation is to be the Exchange’s electronic order executed; no change in such account December 16, 2004. processing facilities, members and name or designation shall be made Pursuant to Section 19(b)(1) of the member organizations shall comply unless the change has been authorized Securities Exchange Act of 1934 with their record keeping obligations by any member or officer in the member (‘‘Act’’),1 and Rule 19b–4 thereunder,2 under this Rule by inputting organization or authorized notice is hereby given that on October immediately upon receipt eligible representative thereof who shall, prior 9, 2003, the American Stock Exchange orders, modifications and cancellations to giving his approval of such change, that are not already systematized into be personally informed of the essential 3 KeySpan states that WDF, and its subsidiaries the Exchange’s electronic order facts relative thereto and shall indicate provide mechanical contracting services, which are primarily the design, construction, alteration, processing facilities and retaining the his approval of such change in writing maintenance and repair of plumbing and HVAC, on the order. systems including related piping installation and 3 In Amendment No. 1, the Exchange: (1) Applied (h) All records required to be welding, to large scale commercial, institutional the proposed rule change to index options that are maintained under this rule shall include and industrial customers in the New York area. exclusively traded on Amex, (2) changed a deadline such information and shall be preserved KeySpan states that Binsky and its subsidiaries are in the proposed rule, (3) provided that orders for for such period as required by the specialty mechanical contractors which install FLEX options and accommodation trades do not heating, ventilating and air conditioning systems, need to be systematized prior to representation, (4) Securities Exchange Act of 1934 and the which use electricity or gas, for commercial and provided for the use of the Exchange’s ‘‘Order rules thereunder relating to the industrial customers located primarily in New Ticket’’ enhancement to BARS as a second requirements for the retention of orders. Jersey. KeySpan states that engaged in installing acceptable means for systematizing order, (5) (i) The term ‘‘order’’ as used in this HVAC systems for commercial and industrial clarified that the systemization prior to customers located primarily in New Jersey. representation requirement applies to modifications Rule 153 includes any modification to 1 15 U.S.C. 78s(b)(1). and cancellations of orders, and (6) made minor or cancellation of such order. 2 17 CFR 240.19b–4. corrections to the text of the rule and filing. *** Commentary

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