What is the main issue being discussed in this filing?

The main issue is a dispute between Exelon and NRG Energy regarding Exelon's application to the Nuclear Regulatory Commission (NRC). NRG claims Exelon's application is deficient, while Exelon maintains it meets regulatory requirements and supports shareholder choice.

What is Exelon's offer to NRG shareholders?

Exelon is offering to exchange each outstanding share of NRG common stock for 0.485 shares of Exelon common stock. This is referred to as an exchange offer.

What are the "significant policy issues" NRG mentioned?

While the filing doesn't detail the specifics of NRG's policy concerns, Exelon frames them in the context of federal policy favoring shareholder decision-making in unsolicited tender offers, referencing the Williams Act of 1968.

Where can investors find more detailed information about the exchange offer and related matters?

Investors are urged to read Exelon's Tender Offer Statement on Schedule TO, the Prospectus/Offer to Exchange on Form S-4, and upcoming proxy statements (NRG Meeting Proxy Statement and Exelon Meeting Proxy Statement). These documents, along with all other relevant filings, can be found on the SEC's website (www.sec.gov) or requested directly from Exelon's proxy solicitor.

EXC 8-K SEC Disclosure — Feb 11, 2009

Summary

This 8-K filing from Exelon Corporation addresses a dispute with NRG Energy, Inc. (NRG) regarding Exelon's application to the Nuclear Regulatory Commission (NRC). NRG has challenged Exelon's application, asserting it is deficient due to a lack of consent from the existing licensee and raising "significant policy issues." Exelon has formally responded to the NRC, refuting NRG's claims. Exelon maintains that NRC regulations do not require licensee consent for application submission or review, and that federal policy, as established by the Williams Act, supports shareholder choice in unsolicited tender offers, aligning with Exelon's exchange offer for NRG shares.

Key Highlights

1NRG Energy challenged Exelon's application to the NRC, claiming it was insufficient due to a lack of licensee consent and raising policy concerns.
2Exelon filed a rebuttal letter with the NRC, refuting NRG's claims.
3Exelon argues that NRC regulations do not mandate licensee consent for the application or review process.
4Exelon highlights that federal policy, specifically the Williams Act, favors shareholder decisions in unsolicited tender offers.
5This filing pertains to Exelon's offer to exchange NRG common stock for Exelon common stock.
6Exelon plans to file proxy statements for both NRG and Exelon shareholder meetings related to the proposed transaction.
7Investors are strongly advised to read all relevant filing documents for complete information on the exchange offer and proxy solicitations.

EXELON CORP 8-K Report, Corporate Update (Feb 11, 2009)

Summary

Key Highlights

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