Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 55639 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(ii). 

4 17 CFR 240.19b–4(f)(2). 

Institution and settlement of injunctive 

actions; and 

Institution and settlement of 

administrative proceedings of an 

enforcement nature. 

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 19, 2005. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 05–19030 Filed 9–20–05; 11:21 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 35–28030] 

Filings Under the Public Utility Holding 

Company Act of 1935, as Amended 

(‘‘Act’’) 

September 16, 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 11, 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 

11, 2005, the application(s) and/or 

declaration(s), as filed or as amended, 

may be granted and/or permitted to 

become effective. 

Cleco Corporation and Cleco 

Midstream Resources LLC (70–10318) 

Cleco Corporation (‘‘Cleco Corp.’’), 

2030 Donahue Ferry Road, Pineville, 

Louisiana, a Louisiana corporation and 

a holding company claiming exemption 

from registration under section 3(a)(1) of 

the Act by rule 2, and its wholly ownedsubsidiary at the same address, Cleco 

Midstream Resources, LLC (‘‘Cleco 

Midstream’’) (‘‘Applicants’’) have filed 

an application (‘‘Application’’) under 

sections 9(a)(2) and 10 of the Act. 

Applicants seek approval of their 

proposed acquisition of all of the issued 

and outstanding membership interests 

of Attala Transmission, LLC (‘‘Attala’’). 

Attala is a Louisiana limited liability 

company that will acquire transmission 

facilities from Central Mississippi 

Generating Company, LLC (‘‘Central 

Mississippi’’), an exempt wholesale 

generator under section 32 of the Act 

(‘‘EWG’’), and thus become a publicutility company. Central Mississippi is 

currently the owner of a generating 

plant (‘‘Attala Generating Plant’’) 

located in Attala County, Mississippi, as 

well as interconnection facilities used to 

transmit electric energy from the Attala 

Generating Plant to the transmission 

system of Entergy Mississippi, Inc. 

(‘‘Entergy Mississippi’’), a public utility 

subsidiary of Entergy, Inc., a register 

holding company. Central Mississippi 

has proposed to sell the Attala 

Generating Plant to Entergy Mississippi 

and to sell the interconnection facilities 

to Attala, which will be formed as a 

wholly-owned indirect subsidiary of 

Cleco Corp. and as a direct subsidiary of 

Cleco Midstream (‘‘Transaction’’). 

Following the closing of the 

Transaction, Attala will own, operate 

and maintain the interconnection 

facilities, and it will use them to 

provide interconnection service from 

the Attala Generating Plant to the 

Entergy Mississippi transmission 

system, in accordance with a Federal 

Energy Regulatory Commission 

(‘‘FERC’’) filed rate schedule. 

Cleco Corp. is the parent company of 

Cleco Power LLC (‘‘Cleco Power’’), a 

Louisiana limited liability public-utility 

company that provides electric utility 

service in central and southeastern 

Louisiana. 

Cleco Midstream is the parent 

company of Perryville Energy Holdings 

LLC which owns Perryville Energy 

Partners, LLC (‘‘Perryville’’), an EWG. 

Perryville owns a 718-megawatt 

generating facility as well as 

interconnection facilities used to 

connect the facility to the transmission 

system of Entergy Louisiana (‘‘Entergy 

LA’’). Perryville has entered into an 

agreement to sell the generating facility 

to Entergy LA (although it will retain 

ownership of the interconnection 

facilities). Following the sale, Perryville 

will no longer own generating facilities, 

will cease to qualify as an EWG, and 

will become a public-utility company, 

as defined in section 2(a)(5) of the Act. 

Consequently, when the Transaction is 

completed, Cleco Midstream will be a 

holding company with respect to two 

public-utility companies, Perryville and 

Attala. 

For the Commission, by the Division of 

Investment Management, pursuant to 

delegated authority. 

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–18940 Filed 9–21–05; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52460; File No. SR–Amex–

2005–088] 

Self-Regulatory Organizations; 

American Stock Exchange LLC; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change Relating to 

an Extension of the Suspension of 

Transaction Charges for Specialist 

Orders in the Nasdaq-100 Tracking 

Stock (QQQQ) 

September 16, 2005. 

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 August 

31, 2005, the American Stock Exchange 

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

the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which items 

have been prepared by Amex. Amex has 

designated the proposed rule change as 

establishing or changing a due, fee, or 

other charge imposed by the Exchange 

pursuant to Section 19(b)(3)(A)(ii) of the 

Act 3 and Rule 19b–4(f)(2) thereunder,4

which renders the proposal effective 

upon filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend 

Amex Equity and Exchange Traded 

55640 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 

5See Securities Exchange Act Release Nos. 52267 

(August 15, 2005), 70 FR 49338 (August 23, 2005) 

and 52268 (August 15, 2005), 70 FR 49336 (August 

23, 2005) (proposals previously introducing and 

extending this specialist transaction fee waiver). 

6Section 6(b)(4) states that the rules of a national 

securities exchange must provide for ‘‘the equitable 

allocation of reasonable dues, fees, and other 

charges among its members and issuers and other 

persons using its facilities.’’

7The floor clerk, floor facility, post, and 

registration fees on an annual basis are $900, 

$2,400, $1,000, and $800, respectively. 

8A technology fee of $3,000 per year is assessed 

on all specialists and other floor participants at the 

Exchange. Annual membership dues of $1,500 must 

be paid by all members while annual membership 

fees are payable depending on the type of 

membership and circumstances. Non-members are 

not subject to these fees. 

9 15 U.S.C. 78f(b). 

10 15 U.S.C. 78f(b)(4). 

11 15 U.S.C. 78s(b)(3)(A)(ii). 

12 17 CFR 240.19b–4(f)(2). 

Funds and Trust Issued Receipts Fee 

Schedules (the ‘‘Amex Fee Schedules’’) 

to extend the suspension of transaction 

charges for specialist orders in 

connection with the trading of the 

Nasdaq-100 Index Tracking Stock

(Symbol: QQQQ) from September 1, 

2005 through October 31, 2005. The text 

of the proposed rule change is available 

on Amex’s Web site (http:// 

www.amex.com), at Amex’s principal 

office, and from the Commission’s 

Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of, and basis for, 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in Sections A, B, and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange is proposing to extend 

the suspension of transaction charges 

for specialist orders in QQQQ from 

September 1, 2005 through October 31, 

2005. The current suspension of 

specialist transaction charges in QQQQ 

will otherwise terminate on August 31, 

2005.5

Specialist orders in QQQQ executed 

on the Exchange currently are charged 

$0.0037 per share ($0.37 per 100 

shares), capped at $300 per trade 

(81,081 shares). Effective December 1, 

2004, the Nasdaq-100 Index Tracking 

Stock formerly ‘‘QQQ’’ transferred its 

listing from Amex to The Nasdaq Stock 

Market, Inc (‘‘Nasdaq’’). It now trades on 

Nasdaq under the symbol QQQQ. After 

the transfer, Amex began trading QQQQ 

pursuant to unlisted trading privileges. 

The Exchange submits that a 

suspension of transaction fees for 

specialist orders in connection with 

QQQQ is consistent with Section 6(b)(4) 

of the Act.6 Specifically, the Exchange 

believes that extending the suspension 

of transaction charges for QQQQ 

specialist orders is an equitable 

allocation of reasonable fees among 

Exchange members. The fact that 

specialists have greater obligations than 

other members and are also subject to 

other Exchange fees, in addition to 

transaction fees, supports this proposal 

to temporarily extend the fee 

suspension. 

The Exchange notes that specialists 

are also subject to a variety of Exchange 

fees other than transaction charges, such 

as a floor clerk fee, a floor facility fee, 

a post fee, and registration fee.7 In 

addition, specialists and other floor 

members of the Exchange are subject to 

technology and membership fees.8

Certain market participants, such as 

customers, non-member broker-dealers 

and market-makers, and member brokerdealers are not subject to the majority of 

these fees. In addition, specialist units, 

unlike registered traders and other floor 

members, must be sufficiently staffed 

and provide adequate technology 

resources in order to handle the volume 

of orders (especially in QQQQ) that are 

sent to the specialist post at the 

Exchange. These operational costs that 

are incurred by a specialist further 

support the Exchange proposal to 

extend the suspension of QQQQ 

transaction fees on specialist orders. 

Specialists have certain obligations 

required by Exchange rules as well as 

the Act that do not exist for other 

market participants. For example, a 

specialist pursuant to Amex Rule 170 is 

required to maintain a fair and orderly 

market in his or her assigned securities. 

Other members of the Exchange as well 

as non-member market participants do 

not have this obligation. As a result, the 

Exchange believes that an extension of 

the transaction charge fee waiver for 

specialist orders in QQQQ is reasonable 

and equitable. 

The Exchange is amending the Amex 

Fee Schedules to indicate that 

transaction charges for specialist orders 

in connection with QQQQ executed on 

the Exchange will be further suspended 

from September 1, 2005 through 

October 31, 2005. 

2. Statutory Basis 

Amex believes that the proposed rule 

change is consistent with Section 6(b) of 

the Act 9 in general and furthers the 

objectives of Section 6(b)(4) of the Act 10

in particular in that it is intended to 

assure the equitable allocation of 

reasonable dues, fees, and other charges 

among its members and issuers and 

other persons using its facilities. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

Amex believes that the proposed rule 

change does not impose any burden on 

competition that is not necessary or 

appropriate in furtherance of the 

purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 11 and 

subparagraph (f)(2) of Rule 19b–4 

thereunder 12 because it establishes or 

changes a due, fee, or other charge 

imposed by the Exchange. At any time 

within 60 days of the filing of the 

proposed rule change, the Commission 

may summarily abrogate such rule 

change if it appears to the Commission 

that such action is necessary or 

appropriate in the public interest, for 

the protection of investors, or otherwise 

in furtherance of the purposes of the 

Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–Amex–2005–088 on the 

subject line. 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 55641 

13 17 CFR 200.30–3(a)(12). 

1The amendment corrected a typographical error 

in the original filing. 

2 15 U.S.C. 78s(b)(1). 

3Securities Exchange Act Release No. 52123 (July 

26, 2005), 70 FR 44132. 

4 15 U.S.C. 78q–1(b)(3)(F). 

5 15 U.S.C. 78s(b)(2). 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–9303. 

All submissions should refer to File 

Number SR–Amex–2005–088. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room. Copies of such filing also will be 

available for inspection and copying at 

the principal office of Amex. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–Amex–2005–088 and 

should be submitted on or before 

October 13, 2005. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.13

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 05–18939 Filed 9–21–05; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52450; File No. SR–DTC–

2005–07] 

Self-Regulatory Organizations; The 

Depository Trust Company; Order 

Approving Proposed Rule Change To 

Expand DTC’s Inventory Management 

System 

September 15, 2005. 

I. Introduction 

On July 8, 2005, the Depository Trust 

Company (‘‘DTC’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) and on July 8, 2005, 

amended 1 proposed rule change SR–

DTC–2005–07 pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’).2 Notice of the proposal 

was published in the Federal Register 

on August 1, 2005.3 No comment letters 

were received. For the reasons 

discussed below, the Commission is 

approving the proposed rule change. 

II. Description 

DTC is expanding its Inventory 

Management System (‘‘IMS’’) to offer 

additional customized transaction 

recycling capabilities and to provide 

users with an enhanced approval 

mechanism in order to give users greater 

internal control over deliveries that they 

submit to DTC. 

Currently, a participant using IMS can 

prepopulate its profile to customize the 

position recycle order for its night cycle 

deliveries. These ‘‘high priority’’

transactions are processed in the 

prescribed order if the participant has 

sufficient shares in its account. If there 

are insufficient shares to complete these 

high priority transactions, then DTC 

attempts to complete lower prioritized 

transactions that can be completed with 

the shares the participant has available. 

The rule change: (i) Increases 

participant control over the processing 

order by adding two new recycle 

profiles; (ii) expands the recycle profiles 

to include Initial Public Offering 

(‘‘IPO’’) transactions; and (iii) allows a 

participant’s input to be subjected to 

secondary authorization through a new 

transaction type in IMS. 

The new recycle profiles allow 

participants to further customize the 

processing of their deliveries by either: 

(i) Electing to have the deliveries 

processed in strict profile order or (ii) 

enabling the participant to hold all or a 

specific set of deliveries in a separate 

profile until they are ready to release 

those transactions for processing. For 

each delivery that is customized and 

recycled based upon profile selection, a 

participant will be charged $0.06 in 

addition to the applicable delivery fee. 

Currently, participants only can route 

their night delivery orders to IMS for 

authorization. The rule change allows 

participants also to submit their manual 

or automated day delivery orders for 

authorization based on predetermined 

profiles. A user can create a profile by 

asset class and within asset class by 

input source (e.g., only deliveries 

submitted by DTC’s Participant Browser 

Service). The user can determine, based 

on input source, which delivery types 

(all valued, all free, only under/over 

valued deliveries) should be routed for 

authorization. For these deliveries, 

participants will be charged the current 

authorization fee of $0.006 each in 

addition to the applicable delivery fee. 

Participants are not required to make 

any systemic changes and may continue 

to process their deliveries as they do 

today. IMS recycle profiles are optional, 

and users that do not elect to prioritize 

their deliveries through IMS continue to 

be subjected to the existing default 

recycle profile. 

III. Discussion 

Section 17A(b)(3)(F) of the Act 

requires that the rules of a clearing 

agency be designed to provide for the 

prompt and accurate clearance and 

settlement of securities.4 The 

Commission finds that DTC’s proposed 

rule change is consistent with this 

requirement because it will allow 

participants to have all of their 

deliveries residing at DTC throughout 

the day and will maximize their priority 

deliveries and associated settlement 

credits. As such, the proposed rule 

change should promote the prompt and 

accurate clearance and settlement of 

securities transactions by increasing 

efficiency of processing participants’

transactions. 

IV. Conclusion 

On the basis of the foregoing, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and in 

particular Section 17A of the Act and 

the rules and regulations thereunder. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,5 that the 

proposed rule change (File No. SR–