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FEDERAL REGISTER, Wednesday, August IS, 1939

3642

the Commission, and the right to file briefs and make oral argument before the Commission prior to the making of the Commissions findings herein and the entry of this order; and the Com mission having as of the date hereof made and filed its findings herein;
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It is ordered 1 That said sale by Traction Light and Power Company of all of its utility United States of AmericaBefore the assets to Central Indiana Power Com pany and Public Service Company of In Securities and Exchange Commission be and the same is hereby ap At a regular session of the Securities diana proved;
and Exchange Commission, held at its 2 That said issue and sale by Cen office in the City of Washington, D. C., tral Indiana Power Company of not to on the 11th day of August, A. D. 1939.
exceed $475,000 principal amount of its File Nos. 57-6, 32-151
Five-Year 6% Promissory Notes, unse cured, to Traction Light and Power I n the M atter of T raction L ight and Company be and the same is hereby ex P ower C ompany, C entral I ndiana empted from the provisions of Section P ower C ompany 6 a of the Public Utility Holding Com ORDER RELATIVE TO SALE OF U T IL IT Y ASSETS, pany Act of 1935;
3 That in connection with the sales ETC.
of said utility assets and the issue and Traction Light and Power Company, sale of said Promissory Notes the follow an Indiana corporation and a subsidiary ing terms and conditions be and they of the Trustee of Midland United Com are hereby severally imposed upon Trac pany, a registered holding company, tion Light and Power Company and having filed an application pursuant to Central Indiana Power Company to the Rule U-12F-1 of the General Rules and extent applicable to either of them;
Regulations under the Public Utility a That the sales by Traction of all Holding Company Act of 1935 io t ap proval of the sale of all of its utility as of its utility assets to Central Indiana sets to Central Indiana Power Company and Public Service shall be effected in and to Public Service Company of Indi accordance with the terms and condi ana, both of which companies are also tions of, and for the purposes represented subsidiaries of the Trustee of Midland by, its application, as amended;
b That the issue and sale by Central United Company, for an aggregate con sideration of $602,000, of which $475,000 Indiana of its Notes shall be effected in is to be paid by Central Indiana Power accordance with the terms and condi Company for those portions of Traction tions of, and for the purposes repre Light and Power Companys utility as sented by, its application, as amended;
c That if the express approval of the sets to be acquired by Central Indiana Power Company and $127,000 is to be Public Service Commission of the State paid by Public Service Company of In of Indiana of the sales by Traction of its diana for those portions of Traction assets shall be revoked or otherwise ter Light and Power Companys utility as minated in whole or in part, this ap sets to be acquired by Public Service proval of said sale of assets shall im mediately terminate to the same extent, Company of Indiana;
Central Indiana Power Company hav without further order of this Commis ing filed an application pursuant to Sec sion;
d That if the express approval of tion 6 b of the Public Utility Holding Company Act of 1935 for exemption the Public Service Commission of the from the provisions of Section 6 a of Staté of Indiana of the issue and sale by said Act of the issue and sale of not to Central Indiana of its Notes shall be exceed $475,000 principal amount of its revoked or otherwise terminated, this Five-Year 6% Promissory Notes, said exemption of said issue and sale of Notes Notes to be unsecured and to be deliv sh all immediately terminate without fur ered to Traction Light and Power Com ther order of this Commission; and e That within ten days after the pany in payment of those portions of Traction Light and Power Companys consummation of said sales of assets and properties to be acquired by Central of said issue and sale of Notes, Trac tion and Central Indiana, respectively, Indiana Power Company;
A public hearing on the applications, shall file with this Commission Certifi as amended, having been duly held after cates of Notification showing that said appropriate notice;1 no representatives sales of assets and said issue and sale of of investors or consumers or members of Notes have been effected in accordance the public having appeared or requested with the terms and conditions of, and an opportunity to be heard; both appli for the purposes represented by, their cants having waived a Trial Examiners respective applications.
By the Commission.
report, submission to them of proposed seal F rancis P. B rassor, findings of fact by the Commission or re Secretary.
quested findings of fact by counsel to
notification showing that such issue and the reserve against valuation of assets sale have been effected in accordance acquired in reorganization.
By the Commission.
with the terms and conditions and for seal F rancis P. B rassor, the purposes represented by said appli Secretary.
cation, as amended.
By the Commission.
F. R. Doc. 39-2999; Filed, August 15, 1939;
seal
F rancis P. B rassor,
Secretary.
F. R. Doc. 39-3000; Filed, August 15, 1939;
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United States of AmericaBefore the Securities and Exchange Commission At a regular session of the Securities and Exchange Commission, held at its office in the City of Washington, D. C,, on the 8th day of August, A. D. 1939.
File No. 46-159
In
the M atter of T he M iddle W est C orporation and C entral and S outh W est U tilities C ompany ORDER APPROVING ACQUISITION OF
SECURITIES

The Middle West Corporation and its subsidiary, Central and South West Utilities Company, both registered hold ing companies, having filed a joint ap plication and amendment thereto pur suant to Section 10 of the Public Utility Holding Company Act of 1935, for ap proval of the acquisition of certain securities and extension agreements of Port Isabel Corporation, a non-utility holding company subsidiary of Middle West and Port Isabel Realty Company, Port Isabel Channel, Dock and Wharf Company and Port Isabel Irrigation Company, non-utility subsidiaries of Port Isabel Corporation;
A hearing on such matter having been held after appropriate notice;1 the record in this matter having been examined;
and the Commission having made and filed its findings herein;
It is ordered, That the acquisitions of the securities of Port Isabel Corporation, Port Isabel Realty Company, Port Isabel Channel, Dock and Wharf Company and Port Isabel Irrigation Company by the Middle West Corporation and Cen tral and South West Utilities Company in accordance with the terms and con ditions of, and for the purposes repre sented by, said application, as amended, are approved, subject to the condition that within ten days after such acquisi tions the applicants shall file with this Commission a Certificate of Notification that such acquisitions have been effected in accordance with the terms and con ditions of, and for the purposes repre sented by, said application, as amended;
It is further ordered, That this Com mission reserves jurisdiction with respect to any and all matters concerning the value at which investments are represnted on the books of the applicants and concerning any charges in connection therewith which may be made against 14 F JR. 3311DI.

14 F.R. 2453 DI.

F. R. Doc. 39-3002; Filed, August 15, 1939;
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