56514 Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Notices 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: 70 FR 54970, September 

19, 2005. 

STATUS: Closed Meeting. 

PLACE: 100 F Street, NE., Washington, 

DC. 

ANNOUNCEMENT OF ADDITIONAL MEETING: 

Additional Meeting. 

An additional Closed Meeting has 

been scheduled for Friday, September 

23, 2005 at 9 a.m. 

Commissioners and certain staff 

members who have an interest in the 

matter will attend the Closed Meeting. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c) (5), (7), (9)(B), and (10) 

and 17 CFR 200.402(a)(5), (7), 9(ii) and 

(10) permit consideration of the 

scheduled matter at the Closed Meeting. 

Commissioner Atkins, as duty officer, 

determined that no earlier notice thereof 

was possible. 

The subject matter of the Closed 

Meeting will be: Institution and 

settlement of an injunctive action. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. For further 

information and to ascertain what, if 

any, matters have been added, deleted 

or postponed, please contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: September 22, 2005. 

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–19316 Filed 9–23–05; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 35–28032] 

Filings Under the Public Utility Holding 

Company Act of 1935, as Amended 

(‘‘Act’’) 

September 19, 2005. 

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 

October 14, 2005, to the Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–9303, 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 October 

14, 2005, the application(s) and/or 

declaration(s), as filed or as amended, 

may be granted and/or permitted to 

become effective. 

Entergy Corporation, et al. (70–10324) 

Entergy Corporation (‘‘Entergy’’), a 

Delaware corporation and registered 

holding company, and its wholly-owned 

subsidiaries Entergy Louisiana, Inc., 

(‘‘Company’’), a Louisiana corporation, 

and Entergy Services, Inc. (‘‘ESI’’), a 

Delaware corporation all located at 639 

Loyola Avenue, New Orleans, LA 

70113, (together, ‘‘Applicants’’), have 

filed an application-declaration 

(‘‘Application’’) with the Commission 

under sections 6(a), 7, 9(a), 10, 12(b), 

12(c) and 13(b) of the Act and rules 42, 

43, 45, 46, 54, 87, 90 and 91 under the 

Act. 

Introduction and Background 

Information 

Description of the Company 

The Company, which is a direct 

subsidiary of Entergy, owns and 

operates a retail electric utility business 

in certain parishes in the state of 

Louisiana. The Company, together with 

Entergy’s other domestic retail electric 

utility subsidiaries (i.e., Entergy 

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

States, Inc. (‘‘EGSI’’), Entergy 

Mississippi, Inc. (‘‘EMI’’) and Entergy 

New Orleans Inc. (‘‘ENOI’’)), 

collectively provide electric service to 

approximately 2,662,000 customers in 

portions of Arkansas, Louisiana 

(including the City of New Orleans), 

Mississippi and Texas. As of December 

31, 2004, the Company has 

approximately 662,000 electric utility 

customers and owns or leases 

approximately 5363 MWs of gas/oil and 

nuclear generating capacity in 

Louisiana. In addition, in June 2005, the 

Company acquired a 718 MW power 

plant from Perryville Energy Partners, 

LLC, located near Monroe, Louisiana. 

Among its other assets, the Company 

also holds (i) a 33% equity ownership 

interest in SFI (‘‘SFI Ownership 

Interest’’), a fuel procurement company 

formed in 1972 as a jointly-owned 

nonutility subsidiary of Entergy’s four 

original domestic retail operating 

companies (i.e., EAI, EMI, ENOI and the 

Company), as well as (ii) $14,223,000 in 

notes receivable from SFI (‘‘SFI Notes 

Receivable’’) relating to loans provided 

by the Company and the other original 

operating companies for the purpose of 

financing SFI’s operations. 

Reason for Proposed Transactions 

Under the Louisiana Revised Statutes 

Section 47.601A, the Company is 

obligated to pay corporation franchise 

taxes in the state of Louisiana. These 

taxes impose a substantial financial 

obligation on the Company and its 

ratepayers. For example, the Company’s 

2005 Louisiana franchise tax liability 

was $10.3 million. Louisiana law 

requires every Louisiana corporation 

(and every non-Louisiana corporation 

that qualifies to do business in 

Louisiana or is doing business in 

Louisiana) to pay this tax. However, 

Louisiana law does not subject limited 

liability companies to this tax. For this 

reason, in Docket No. U–20925 (RRF 

2004) of the Louisiana Public Service 

Commission (‘‘LPSC’’), the LPSC staff 

recommended that the Company review 

the feasibility of restructuring its 

business form into a limited liability 

company in order to eliminate the 

Company’s obligation to pay franchise 

taxes and the Company agreed to this 

recommendation. Applicants state that 

the proposed restructuring would 

implement the LPSC staff 

recommendation in Docket No. U–

20925. Upon the approval of the 

proposed restructuring, the resulting 

decrease in the Company’s 

jurisdictional revenue requirement 

(which consists of the anticipated 

franchise tax savings less the costs 

associated with the restructuring, 

amortized over an appropriate period of 

time) would be fully reflected in the 

Company’s rates. 

Specifically, the Company proposes to 

restructure itself, through a two step 

process, into a new company, Holdings, 

and (i) a newly formed direct subsidiary 

of Holdings, referred to herein as ELL, 

which at the time of the Merger will 

become a public utility company, 

succeed to all of the Company’s utility 

operations and be allocated 

substantially all of Holding’s assets and