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EXELON CORP 8-K Report, Corporate Update (May 30, 2007)

Filed May 30, 2007For Securities:EXC

Summary

This 8-K filing from Exelon Corporation (EXC) reports on significant legislative developments in Illinois that could materially impact the company and its subsidiaries, Commonwealth Edison Company (ComEd) and Exelon Generation Company, LLC. On May 30, 2007, the Illinois House Electric Utility Oversight Committee approved Floor Amendment No. 4 to Senate Bill 1592 by a narrow 5-4 vote. This amended bill, if enacted, proposes substantial changes to the regulation of electric utilities and generation in Illinois. Key provisions include rolling back electricity rates to 2006 levels with potential customer refunds, imposing a significant tax on generation facilities (including Exelon's nuclear plants), and creating a new Illinois Power Authority with broad regulatory and operational powers. Furthermore, the bill aims to restructure the Illinois Commerce Commission and mandate significant corporate governance changes for utilities. Exelon believes this legislation, if passed, would have detrimental effects on the state, its businesses, and consumers, and intends to pursue all available legal remedies.

Key Highlights

  • 1Illinois Senate Bill 1592, as amended, has advanced in the Illinois House of Representatives, passing the Electric Utility Oversight Committee with a 5-4 vote.
  • 2The proposed legislation includes rolling back electricity rates for utilities like ComEd to 2006 levels and potentially requiring refunds to customers.
  • 3A new tax on electricity generation facilities, including Exelon's nuclear plants, is proposed, calculated based on nameplate capacity and capacity factor.
  • 4The bill seeks to establish an Illinois Power Authority with extensive powers, including eminent domain and electricity procurement responsibilities.
  • 5Significant changes to the Illinois Commerce Commission's structure and independence are proposed, including removing current commissioners and requiring legislative confirmation for new appointments.
  • 6The legislation could force Exelon to divest either its generation business or its utility business (ComEd) due to new restrictions on affiliations by January 1, 2009.
  • 7Exelon believes the bill would be detrimental to Illinois, its utilities, generators, and consumers, negatively impacting electric supply reliability, and plans to explore legal remedies.

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