37422 Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 / Notices

23. Institute of American Indian and

Alaska Native Culture and Arts

Development—Chairperson

24. Institute for Museum and Library

Services—Board of Directors

25. Inter-American Foundation—

Chairperson

26. James Madison Memorial

Fellowship Foundation—

Chairperson

27. Japan-U.S. Friendship

Commission—Chairperson

28. Marine Mammal Commission—

Chairperson

29. Merit Systems Protection Board—

Chairperson

30. Morris K. Udall Scholarship and

Excellence in National

Environmental Policy Foundation—

Chairperson

31. National Capital Planning

Commission—Chairperson

32. National Commission on Libraries

and Information Science—

Chairperson

33. National Council on Disability—

Chairperson

34. National Education Goals Panel—

Chairperson

35. National Endowment for

Democracy—Chairperson

36. National Mediation Board—

Chairperson

37. National Science Foundation/Arctic

Research Commission—

Chairperson

38. National Transportation Safety

Board—Chairperson

39. Neighborhood Reinvestment

Corporation—Chairperson

40. Nuclear Waste Technical Review

Board—Chairperson

41. Occupational Safety and Health

Review Commission—Chairperson

42. Office of Government Ethics—

Director

43. Office of Navajo and Hopi Indian

Relocation—Chairperson

44. Office of Special Counsel—Special

Counsel

45. Office of the Nuclear Waste

Negotiator—Negotiator

46. Offices of Independent Counsel—

Independent Counsels

47. Overseas Private Investment

Corporation—Board of Directors

48. Postal Rate Commission—

Chairperson

49. Selective Service System—Director

50. Smithsonian Institution/John F.

Kennedy Center for the Performing

Arts—Chairperson

51. Smithsonian Institution/National

Gallery of Art—Board of Trustees

52. Smithsonian Institution/Woodrow

Wilson International Center for

Scholars—Board of Trustees

53. State Justice Institute—Director

54. Trade and Development Agency—

Director

55. U.S. Enrichment Corporation—

Chairperson

56. U.S. Holocaust Memorial Council—

Chairperson

57. U.S. Institute of Peace—Chairperson

[FR Doc. 98–18445 Filed 7–9–98; 8:45 am]

BILLING CODE 3110–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 35–26892]

Filings Under the Public Utility Holding

Company Act of 1935, as Amended

(‘‘Act’’)

July 2, 1998.

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 amendments is/are available for

public inspection through the

Commission’s Office 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

July 28, 1998, to the Secretary,

Securities and Exchange Commission,

Washington, D.C. 20549, 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 case of an attorney at law, by

certificate) should be filed with the

request. Any request for hearing should

identify specifically the issues of fact or

law that are disputed. A person who so

requests will be notified on any hearing,

if ordered, and will receive a copy of

any notice or order issued in the matter.

After July 28, 1998, the application(s)

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

amended, may be granted and/or

permitted to become effective.

Appalachian Power Company (70–5503)

Appalachian Power Company

(‘‘Appalachian’’), 40 Franklin Road,

S.W., Roanoke, Virginia 24011, an

electric utility subsidiary of American

Electric Power Company, Inc., a

registered holding company, has filed a

post-effective amendment to its

application-declaration under sections

9(a), 10 and 12(d) of the Act and rules

44 and 54 under the Act.

By order dated December 10, 1974

(HCAR No. 18703), the Commission

authorized Appalachian, among other

things, to enter into an agreement of sale

(‘‘Agreement’’) with the Industrial

Development Authority of Russell

County, Virginia (‘‘Authority’’),

concerning the financing of pollution

control facilities (‘‘Facilities’’) at

Appalachian’s Glen Lyn and Clinch

River plants. Under the Agreement, the

Authority may issue and sell its

pollution control revenue bonds

(‘‘Revenue Bonds’’) or pollution control

refunding bonds (‘‘Refunding Bonds’’

and, together with Revenue Bonds,

‘‘Bonds’’), in one or more series, and

deposit the proceeds with the trustee

(‘‘Trustee’’) under an indenture

(‘‘Indenture’’) entered into between the

Authority and the Trustee. The Trustee

applies the proceeds to the payment of

the costs of construction of the Facilities

or, in the case of proceeds from the sale

of Refunding Bonds, to the payment of

principal, premium (if any) and/or

interest on Bonds to be refunded.

The same order also authorized

Appalachian to convey an undivided

interest in a portion of the Facilities to

the Authority, and to reacquire that

interest under an installment sales

arrangement (‘‘Sales Agreement’’)

requiring Appalachian to pay as the

purchase price semi-annual installments

in an amount that, together with other

funds held by the Trustee under the

Indenture for that purpose, will enable

the Authority to pay, when due, the

interest and principal on the Bonds. To

date, the Authority has issued and sold

seven series of Bonds in an aggregate

principal amount of $101.74 million of

which $37.0 million presently are

outstanding.

The Authority now intends to issue

and sell its Series H Refunding Bonds in

the aggregate principal amount of $19.5

million, the proceeds of which will be

used to provide for the principal and

interest payments required for the

refunding, at their stated maturity on

November 1, 1998, of the Authority’s

71⁄4% Series F Refunding Bonds.

Appalachian expects that the Series H

Refunding Bonds will be issued under

and secured by the Indenture and a

seventh supplemental indenture, will

bear interest semi-annually at a rate of

interest not exceeding 8% per year and

will mature at a date not more than

thirty years from the date of issuance.

Appalachian proposes to enter into an

amended Sales Agreement in

connection with the Series H Refunding

Bonds under essentially the same terms

and conditions of the original Sales

Agreement. Appalachian may provide

some form of credit enhancement in

connection with the issuance and sale of
Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 / Notices 37423

1Boston Gas has an active wholly owned

nonutility subsidiary, Massachusetts LNG

Incorporated, which holds title to a liquid natural

gas storage facility.

2AllEnergy Marketing Company, Inc., Boston Gas

Services, Inc., Eastern Energy Systems Corp.,

Eastern Urban Services, Inc., Mystic Steamship

Corporation, Philadelphia Coke Co., Inc., Water

Products Group Incorporated, and Western

Associated Energy Corp. are inactive.

3Midland’s subsidiaries include: Capital Marine

Supply, Inc., Chotin Transportation, Inc., Eastern

Associated Terminals Company, Federal Barge

Lines, Inc., Hartley Marine Corp., Minnesota Harbor

Service, Inc., The Ohio River Company, The Ohio

River Company Traffic Division, Inc., The Ohio

River Terminals Company, Orgulf Transport Co.,

Orsouth Transport Co., Port Allen Marine Service,

Inc., Red Circle Transport Co., River Fleets, Inc.,

and West Virginia Terminals, Inc. Federal Barge

Lines, Inc. is inactive. Midland and its active

subsidiaries are engaged in river barge

transportation services and related support

activities.

Midlands also has an inactive nonutility

subsidiary, Federal Barge Lines, Inc.

the Series H Refunding Bonds and pay

a related fee.

Eastern Enterprises (70–9195)

Eastern Enterprises (‘‘Eastern’’), 9

Riverside Road, Weston, Massachusetts

02139, a public utility holding company

exempt by order under section 3(a)(1) of

the Act has filed an application under

sections 3(a)(1), 9(a)(2) and 10 of the

Act.

Eastern proposes to acquire all of the

issued and outstanding voting securities

of Essex County Gas Company

(‘‘Essex’’), a gas public utility company.

To accomplish the acquisition, Eastern

and Essex have entered into an

Agreement and Plan of Merger, dated as

of December 19, 1997 (‘‘Agreement’’).

The Agreement provides, among other

things, that a special purpose subsidiary

of Eastern (‘‘NEWCO’’) will merge with

and into Essex. Shares of NEWCO will

be converted into shares of new

common stock of Essex, which will

become a wholly owned subsidiary of

Eastern. Each outstanding share of Essex

will be converted into 1.183985 shares

of Eastern common stock, subject to

adjustment under certain circumstances

based on the average market price for a

specified period prior to closing. The

stockholders of Essex will become

stockholders of Eastern. Outstanding

debt securities of Essex will not be

affected and will remain outstanding on

the same terms and conditions.

The trustees of Eastern approved the

merger at a meeting held on December

12, 1997. No approval of Eastern’s

shareholders is required. The board of

directors of Essex approved the merger

at a meeting held on December 19, 1997.

The shareholders of Essex voted to

approve the Merger at a meeting held on

June 24, 1998.

Eastern’s sole utility subsidiary,

Boston Gas Company (‘‘Boston Gas’’),

serves approximately 530,000 gas retail

customers, all in Massachusetts.1 Essex

serves approximately 42,000 gas retail

customers entirely in eastern

Massachusetts. The service territories of

Eastern and Essex are contiguous.

Eastern’s net earnings for the twelve

months ended December 31, 1997 were

$51,950,000 on revenues of

$970,204,000. Eastern’s nonutility

subsidiaries contributed $269,259,000,

approximately 27.8% of total revenues

during this period. Essex’s net earnings

for the twelve months ended August 31,

1997, were $3,966,519 on revenues of

$53,534,734, substantially all of which

were provided by its utility operations.

Both Eastern and Essex are subject to

the retail ratemaking jurisdiction of the

Massachusetts Department of

Telecommunications and Energy.

Eastern has several direct nonutility

subsidiaries. These include: Midland

Enterprises Inc. (‘‘Midland’’), AllEnergy

Marketing Company, Inc., AMR Data

Corporation, Boston Gas Services, Inc.,

Eastern Associated Capital Corp.,

Eastern Associated Securities Corp.,

Eastern Energy Systems Corp., Eastern

Enterprises Foundation, Eastern

Rivermoor Company, Inc., Eastern

Urban Services, Inc., Mystic Steamship

Corporation, PCC Land Company, Inc.,

Philadelphia Coke Co., Inc., ServiceEdge

Partners, Inc., Water Products Group

Incorporated, and Western Associated

Energy Corp.2 Midland and its

subsidiaries 3 are engaged in river barge

transportation services and related

support activities. The other nonutility

subsidiaries are engaged in investment

activities, real estate activities, installing

and servicing HVAC equipment,

automated meter reading services, and

ownership of liquid natural gas storage

facilities.

Essex has two nonutility subsidiaries,

LNG Storage, Inc. (‘‘LNG’’) and Northern

Energy Company, Inc. (‘‘Northern’’).

LNG owns a liquid natural gas storage

facility. Northern is inactive.

In addition, Eastern requests an order

granting it an exemption under section

3(a)(1) of the Act following the Merger.

Eastern asserts that upon consummation

of Merger, Eastern will continue to

satisfy the requirements for an

exemption under section 3(a)(1). Eastern

states that it and its public utility

subsidiaries, currently are, and will

continue to be, predominately intrastate

in character and will continue to carry

on their businesses substantially in

Massachusetts.

For the Commission, by the Division

of Investment Management, under

delegated authority.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 98–18293 Filed 7–9–98; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. PA–25; File No. S7–21–98]

Privacy Act of 1974: Establishment of

Three New Systems of Records:

Ridesharing System (SEC–44); Public

Transportation Subsidy Program

(SEC–45); and Identification Cards,

Press Passes, and Proximity Access

Control Cards (SEC–46)

AGENCY: Securities and Exchange

Commission.

ACTION: Notice of the establishment of

three new systems of records.

SUMMARY: In accordance with the

requirements of the Privacy Act of 1974,

as amended, 5 U.S.C. 552a, the

Securities and Exchange Commission

(SEC) gives notice of the establishment

of three new Privacy Act systems of

records: Ridesharing System (SEC–44);

Public Transportation Subsidy Program

(SEC–45); and Identification Cards,

Press Passes, and Proximity Access

Control Cards (SEC–46).

DATES: The proposed change will

become effective August 19, 1998,

unless further notice is given. The

Commission will publish a new notice

if the effective date is delayed to review

comments, or if changes are made based

on comments received. To be assured of

consideration, comments must be

received by the contact person below on

or before August 10, 1998.

ADDRESSES: Persons wishing to submit

comments should file three (3) copies

thereof with Jonathan G. Katz, Secretary,

Securities and Exchange Commission,

450 Fifth Street, NW., Washington, DC

20549. Reference should be made to File

No. [S7–21–98]. Copies of the comments

will be available for public inspection

and copying at the SEC’s Public

Reference Room, 450 Fifth Street, NW.,

Washington, DC 20549.

FOR FURTHER INFORMATION CONTACT:

Hannah R. Hall, Privacy Act Officer

(202) 942–4320, Office of Filings and

Information Services, Freedom of

Information Act and Privacy Act

Operations, Securities and Exchange

Commission, Operations Center, 6432

General Green Way, Mail Stop O–5,

Alexandria, VA 22312–2413.