Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Notices 24233

1 15 U.S.C. 78l(d).

2 17 CFR 240.12d2–2(d).

3 15 U.S.C. 78l(b).

4 15 U.S.C. 78l(g).

5 Id.

6 17 CFR 200.30–3(a)(1).

Dated at Rockville, Maryland this 18th day

of April 2000.

For the Nuclear Regulatory Commission.

John N. Hannon,

Chief, Plant Systems Branch, Division of

Systems Safety and Analysis, Office of

Nuclear Reactor Regulation.

[FR Doc. 00–10294 Filed 4–24–00; 8:45 am]

BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE

COMMISSION

Issuer Delisting; Notice of Application

To Withdraw From Listing and

Registration; (NeoPharm, Inc.,

Common Stock, Par Value $.0002145

Per Share) File No. 1–12493

April 19, 2000.

NeoPharm, Inc. (‘‘Company’’) has

filed an application with the Securities

and Exchange Commission

(‘‘Commission’’), pursuant to Section

12(d) of the Securities Exchange Act of

1934 (‘‘Act’’) 1 and Rule 12d2–2(d)

thereunder,2 to withdraw the security

described above (‘‘Security’’) from

listing and registration on the American

Stock Exchange LLC (‘‘Amex’’) and

under Section 12(b) of the Act.3

The Company, whose business is

biotechnology, has determined to

transfer trading in its Security from the

Amex to the National Market of the

Nasdaq Stock Market, Inc. (‘‘Nasdaq’’),

which it considers to be the preeminent

marketplace for the securities of

biotechnology companies. The

Company has registered its Security

pursuant to Section 12(g) of the Act 4 by

filing a Registration Statement on Form

8–A with the Commission on April 12,

2000. The Security subsequently

became designated for quotation and

began trading on the Nasdaq National

Market, and was simultaneously

suspended from trading on the Amex,

on April 14, 2000.

The Company has stated that it has

complied with the Rules of the Amex

governing the withdrawal of its Security

from listing and registration on the

Exchange and that the Amex, in turn,

has indicated that it will not oppose

such withdrawal.

The Company’s application relates

solely to the withdrawal of the Security

from listing and registration on the

Amex and shall have no effect upon the

Security’s designation for quotation and

trading on the Nasdaq National Market

and registration under Section 12(g) of

the Act.5

Any interested person may, on or

before May 10, 2000, submit by letter to

the Secretary of the Securities and

Exchange Commission, 450 Fifth Street,

NW, Washington, DC 20549–0609, facts

bearing upon whether the application

has been made in accordance with the

rules of the Amex and what terms, if

any, should be imposed by the

Commission for the protection of

investors. The Commission, based on

the information submitted to it, will

issue an order granting the application

after the date mentioned above, unless

the Commission determines to order a

hearing on the matter.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.6

Jonathan G. Katz,

Secretary.

[FR Doc. 00–10256 Filed 4–24–00; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 35–27167]

Filings Under the Public Utility Holding

Company Act of 1935, as Amended

(‘‘Act’’)

April 18, 2000.

Notice is hereby given that the

following filing(s) has/have been made

with the Commission pursuant to

provisions of the Act and rules

promulgated under the Act. All

interested persons are referred to the

application(s) and/or declaration(s) for

complete statements of the proposed

transaction(s) summarized below. The

application(s) and/or declaration(s) and

any amendment(s) is/are available for

public inspection through the

Commission’s Branch of Public

Reference.

Interested persons wishing to

comment or request a hearing on the

application(s) and/or declaration(s)

should submit their views in writing by

May 12, 2000, to the Secretary,

Securities and Exchange Commission,

Washington, DC 20549–0609, and serve

a copy on the relevant applicant(s) and/

or declarant(s) at the address(es)

specified below. Proof of service (by

affidavit or, in the case of an attorney at

law, by certificate) should be filed with

the request. Any request for hearing

should identify specifically the issues of

facts or law that are disputed. A person

who so requests will be notified of any

hearing, if ordered, and will receive a

copy of any notice or order issued in the

matter. After May 12, 2000, the

application(s) and/or declaration(s), as

filed or as amended, may be granted

and/or permitted to become effective.

Entergy Arkansas, Inc. (70–7571)

Entergy Arkansas, Inc. (‘‘Arkansas’’),

425 West Capitol Avenue, Little Rock,

Arkansas 72201, a wholly owned

electric utility subsidiary company of

Entergy Corporation, a registered

holding company, has filed a posteffective amendment to its applicationdeclaration under sections 6(a), 7, 9(a)

and 10 of the Act and rule 54 under the

Act.

By prior Commission orders dated

January 24, 1996, July 7, 1989 and

December 20, 1988 (HCAR Nos. 26461,

24917 and 24787, respectively)

(collectively, ‘‘Orders’’), Arkansas was

authorized to enter into and amend a

Fuel Lease originally dated December

22, 1988 (‘‘Lease’’), with River Fuel

Funding Company #1, Inc. (‘‘River

Fuel’’), under which Arkansas leases

nuclear fuel required for use at its Grand

Gulf Nuclear Generating Station. Under

the terms of the Lease, Arkansas makes

periodic lease payments to River Fuel

based on the nuclear fuel consumption

rate and the unamortized cost of the

nuclear fuel, including financing costs

(‘‘Lease Payments’’).

River Fuel originally financed its

acquisition of nuclear fuel leased to

Arkansas through, among other things,

borrowings under a credit agreement

dated December 22, 1988 (as amended,

‘‘Credit Agreement’’) with Union Bank

of Switzerland (‘‘Bank’’). In the Orders,

the Commission imposed limits on

certain fees and rates applicable to

borrowings under the Credit Agreement

that were incorporated in the Lease

Payments.

Specifically, under the terms of the

Credit Agreement, River Fuel is

currently required to pay: (1) A

commitment fee of 1⁄4 of one percent per

annum on the daily difference between

the maximum commitment under the

Credit Agreement and the amount of

commercial paper and revolving credit

borrowings outstanding; (2) a letter of

credit fee of .00625 percent per annum

on the average aggregate amount of

commercial paper outstanding during

each calendar quarter; and (3) an

administrative fee of $20,000 per year.

In addition, at the election of River

Fuel, each revolving credit borrowing

under the Credit Agreement currently

bears interest at either: (a) the higher of

(i) the rate publicly announced by the

Bank from time to time as its prime rate,

24234 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Notices

1 15 U.S.C. 78s(b)(1).

2 17 CFR 240.19b–4.

and (ii) the rate quoted by the Bank to

dealers in the New York federal funds

market for the overnight offering of

Dollars by the Bank, plus 1⁄4 of one

percent (‘‘Prime Rate Loan’’); or (b)

.00625 percent in excess of the rate at

which deposits in U.S. Dollars are

offered to the Bank in the London

interbank market (‘‘LIBOR Rate Loan’’);

provided, however, that if any drawings

under letters of credit supporting

commercial paper issued under the

Credit Agreement are not repaid on the

date of such drawings, those drawings

will automatically be converted into

Prime Rate Loans.

Due to changes in the credit markets

that have occurred since the execution

of the Credit Agreement, Arkansas now

proposes to consent to River Fuel

agreeing to make certain adjustments to

terms and conditions that may be

required in connection with any

extensions of the Credit Agreement or

any new credit agreements to be entered

into by River Fuel replacing the Credit

Agreement.

In particular, Arkansas proposes to

consent to River Fuel agreeing to pay:

(1) Commitment fees not exceeding a

specified maximum rate greater than

two percent per annum on the daily

difference between the maximum

commitment under the Credit

Agreement and the amount of

commercial paper and revolving credit

borrowings outstanding; (2) a letter of

credit fee not exceeding a specified

maximum rate greater than five percent

per annum on the average aggregate

amount of commercial paper

outstanding during each calendar

quarter; and (3) an administrative fee

not exceeding $100,000.

Arkansas further proposes to consent

to River Fuel obtaining Prime Rate

Loans and LIBOR Rate Loans bearing

interest at rates not in excess of those

rates generally obtainable at the time for

loans having the same or reasonably

similar maturities, obtained by

companies of the same or reasonably

comparable credit quality and having

reasonably similar terms, conditions

and features.

System Energy Resources, Inc. (70–

7604)

System Energy Resources, Inc.

(‘‘SERI’’), 1340 Echelon Parkway,

Jackson, Mississippi 39213, a wholly

owned electric utility subsidiary

company of Entergy Corporation, a

registered holding company, has filed a

post-effective amendment to its

application-declaration under sections

6(a), 7, 9(a) and 10 of the Act and rule

54 under the Act.

By prior Commission orders dated

January 24, 1996, July 7, 1989, February

23, 1989 and February 21, 1989 (HCAR

Nos. 26459, 24919, 24827 and 24825,

respectively) (collectively, ‘‘Orders’’),

SERI was authorized to enter into and

amend a Fuel Lease originally dated

February 24, 1989 (‘‘Lease’’), with River

Fuel Funding Company #3, Inc. (‘‘River

Fuel’’), under which SERI leases nuclear

fuel required for use at its Grand Gulf

Nuclear Generating Station. Under the

terms of the Lease, SERI makes periodic

lease payments to River Fuel based on

the nuclear fuel consumption rate and

the unamortized cost of the nuclear fuel,

including financing costs (‘‘Lease

Payments’’).

River Fuel originally financed its

acquisition of nuclear fuel leased to

SERI through, among other things,

borrowings under a credit agreement

dated February 24, 1989 (as amended,

‘‘Credit Agreement’’) with Union Bank

of Switzerland (‘‘Bank’’). In the Orders,

the Commission imposed limits on

certain fees and rates applicable to

borrowings under the Credit Agreement

that were incorporated in the Lease

Payments.

Specifically, under the terms of the

Credit Agreement, River Fuel is

currently required to pay: (1) A

commitment fee of .00375 percent per

annum on the daily difference between

the maximum commitment under the

Credit Agreement and the amount of

commercial paper and revolving credit

borrowings outstanding; (2) a letter of

credit fee of .00775 percent [per annum

on the average aggregate amount of

commercial paper outstanding during

each calendar quarter; and (3) an

administrative fee of $20,000 per year.

In addition, at the election of River

Fuel, each revolving credit borrowing

under the Credit Agreement currently

bears interest at either: (a) The higher of

(i) the rate publicly announced by the

Bank from time to time as its prime rate,

and (ii) the rate quoted by the Bank to

dealers in the New York federal funds

market for the overnight offering of

Dollars by the Bank, plus 1⁄4 of one

percent (‘‘Prime Rate Loan’’); or (b)

.00775 percent in excess of the rate at

which deposits in U.S. Dollars are

offered to the Bank in the London

interbank market (‘‘LIBOR Rate Loan’’);

provided, however, that if any drawings

under letters of credit supporting

commercial paper issued under the

Credit Agreement are not repaid on the

date of such drawings, those drawings

will automatically be converted into

Prime Rate Loans.

Due to changes in the credit markets

that have occurred since the execution

of the Credit Agreement, SERI now

proposes to consent to River Fuel

agreeing to make certain adjustments to

terms and conditions that may be

required in connection with any

extensions of the Credit Agreement or

any new credit agreements to be entered

into by River Fuel replacing the Credit

Agreement.

In particular, SERI proposes to

consent to River Fuel agreeing to pay:

(1) Commitment fees not exceeding a

specified maximum rate greater than

two percent per annum on the daily

difference between the maximum

commitment under the Credit

Agreement and the amount of

commercial paper and revolving credit

borrowings outstanding; (2) a letter of

credit fee not exceeding a specified

maximum rate greater than five percent

per annum on the average aggregate

amount of commercial paper

outstanding during each calendar,

quarter; and (3) an administrative fee

not exceeding $100,000.

SERI further proposes to consent to

River Fuel obtaining Prime Rate Loans

and LIBOR Rate Loans bearing interest

at rates not in excess of those rates

generally obtainable at the time for

loans having the same or reasonably

similar maturities, obtained by

companies of the same or reasonably

comparable credit quality and having

reasonably similar terms, conditions

and features.

For the Commission by the Division of

Investment Management, under delegated

authority.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–10226 Filed 4–24–00; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–42697; File No. SR–Amex

00–11]

Self-Regulatory Organizations; Notice

of Filing of Proposed Rule Change by

American Stock Exchange LLC

Relating to Floor Official Rulings

April 18, 2000.

Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on February

22, 2000, the American Stock Exchange

LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with

the Securities and Exchange

Commission (‘‘SEC’’ or ‘‘Commission’’)

the proposed rule change as described