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FEDERAL REGISTER, Thursday, September 3, 1942

6986

sions of the Act; and that jurisdiction be, and the same hereby is, reserved with re spect to all issues in the within proceed ing not resolved by the provisions of this order above set forth.
By the Commission.
seal

O rval L. D u B ois ,
Secretary P. R. Doc. 42-8597; Piled, September 1, 1942;
3:34 p. m.

File No. 59-12
E lectric P ower & L ight C orp.
ORDER REQUIRING DISSOLUTION

In the matter of Electric Bond and Share Company, American Power &Light Company, Pacific Power & Light Com pany, Electric Power & Light Corpora tion, Utah Power & Light Company, National Power & Light Company, Ebasco Services Incorporated, Respond ents.
At a regular session of the Securities and Exchange Commission, held at its office in the City of Philadelphia, Penn sylvania on the 22nd day of August A. D., 1942.
The Commission having on May 9, 1940, issued its Notice of and Order for Hearing instituting this proceeding pur suant to section 11 b 2 of the Public Utility Holding Company Act of 1935
and having issued supplementary orders dated June 7, 1940, and June 17, 1940;
and After hearings had been held in the above matter, the Commission having issued its order dated August 23, 1941, requiring the dissolution of Respondent National Power.& Light Company and reserving jurisdiction as to the issues in the proceeding with respect to the other Respondents; and Further hearings have been held in the above matter, and Counsel for the Respondents and for the Public Utilities Division having stipulated that the rec ord may be closed with respect to Re spondent Electric Power & Light Corpo ration, and that the Commission may proceed to enter its findings, opinion, and order with respect to the aforesaid Respondent; and Counsel for the Respondent having waived any right to a trial examiners report or to submit proposed findings of fact, oral argument or briefs with re spect to the issues herein as respects the aforesaid Respondent; and The Commission having examined the record herein and having considered all motions and objections urged by the Re
spondents and having this day made and ceeding not resolved by the provisions of filed its findings and opinion thereon, this order above set forth.
By the Commission.
finding inter alia that the action here inafter directed to be taken is necessary tsEALl O rval L. D u B ois , to ensure that the corporate structure Secretary.
and continued existence of Respondent F. R. Doc. 42-8596; Filed, September 1, 1942;
Electric Power & Light Corporation shall 3:34 p. m.
not unduly or unnécessarily complicate the structure, or unfairly or inequitably distribute voting power among security holders, of the holding company system WAR PRODUCTION BOARD.
of Electric Bond and Share Company:
It it ordered, That the motion filed Certificate No. 11
by Counsel for Respondents to dismiss P lan and A greement E xecuted by the Commissions notice of and order for C ertain O il C ompanies hearing dated May 9, 1940 and supple mentary order dated June 7,1940, and to T he A ttorney G eneral :
dismiss the within proceeding, be, and Pursuant to the provisions of section the same hereby is, denied as to Respond 12 of Public Law 603, approved June 11, ent Electric Power & Light Corporation;
1942, I enclose Plan and Agreement, and that the motion filed by Respondents dated July 4, 1942,1 executed by Gulf Re to strike various exhibits introduced in fining Company, Socony-Vacuum Oil evidence by Counsel for the Public Company, Incorporated, The Texas Com Utilities Division, be, and the same here pany, Lion Oil Refining Company, and by is denied as to Respondent Electric Premier Oil Refining Company of Texas.
Power & Light Corporation; and that the The Plan and Agreement provides for exceptions noted by Respondents to rul the acquisition, financing, construction, ings of the trial examiner during the completion, operation and maintenance course of the hearings be, and the same of-a ten-inch common carrier products hereby are, overruled as to Respondent pipeline, originating in the vicinity of El Electric Power &Light Corporation; and Dorado, Arkansas, and extending in a It is further ordered, That the motion northeasterly direction approximately of Respondents to consolidate with the one hundred and fifty miles to a point within proceeding a certain Application on the Mississippi River near Helena, for approval of Plan Under section 11 e Arkansas.
of the Public Utility Holding Company The activities provided for in such Plan Act of 1935 heretofore filed with this and Agreement have been undertaken Commission by Electric Power & Light by the affected persons, pursuant to the Corporation be, and the same hereby is direction of the Petroleum Coordinator denied; and for War, issued under date of August It is further ordered, Pursuant to sec 13, 1942, addrssed to the above-named tion 11 b 2 of the Public Utility five signatory parties to the Plan and Holding Company Act of 1935, That the Agreement, and to Mr. W. Alton Jones, existence of Electric Power & Light Cor Chairman of the Temporary Joint Pipe poration shall be terminated and that line Managing Subcommittee, 122 East said company shall be dissolved;
42nd Street, New York, New York.
It is further ordered, That Respondent I hereby approve said Plan and Agree Electric Power & Light Corporation and ment for the purposes of section 12 of Respondent Electric Bond and Share Public Law No. 603, approved June 11, Company shall proceed with due dili 1942, and after consultation with you, I
gence to submit to this Commission a hereby find and so certify to you that the plan or plans for the effectuation of this doing of any act or thing, or the omission order, and shall take such other and fur to do any act or thing, by any person in ther steps as may be necessary or appro compliance with my approval herein ex priate to effectuate this order; and pressed, is requisite to the prosecution It is further ordered, That jurisdiction of the war.
be, and the same hereby is, reserved to D onald M. N elson , enter such further orders as may be nec Chairman.
essary or appropriate for the purpose of A ugust 31, 1942.
ensuring that the provisions of this order F.R. Doc. 42-8632; Filed, September 2, 1942;.
are carried out in a manner consistent 12:07 p. m.
with the public interest and the provi sions of the Act; and that jurisdiction be, 1 Filed as part of the original document.
and the same hereby is, reserved with See also Department of Justice, Office of the respect to all issues in the within pro . Attorney Gnerai, supra.