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FEDERAL REGISTER, Thursday, March 2, 1939

1106

regulations, and practices during the said period of suspension, unless au thorized by special permission of the Commission.
It is further ordered, That the charges and the classifications, regulations, and practices thereby sought to be altered shall not be changed by any subsequent tariff or schedule, until this investiga tion and suspension proceeding has been disposed of or until the period of sus pension has expired, unless authorized by special permission of the Commis sion.
It is further ordered, That a copy of this order be filed with said schedules in the office of the Federal Communica tions Commission, and that copies hereof be forthwith served upon the carriers parties to such schedules, and that said carriers parties to said schedules be, and they are hereby, made respondents to this proceeding; and It is further ordered, That this pro ceeding be, and the same is hereby as signed for hearing at 10:00 A. M., on the 3rd day of April, A. D. 1939, a t the office of the Federal Communications Commission, Washington, D. C.
By the Commission.
seal T. J. S low ie , Secretary.
F. R. Doc. 39-710; Filed, March 1, 1939;
11:32 a. m.

SECURITIES AND EXCHANGE COM
MISSION.
United States of AmericaBefore the Securities and Exchange Commission At a regular session of the Securities and Exchange Commission, held a t its office in the City of Washington, D. C., on the 27th day of February, A. D. 1939.
File No. 56-20
In
the
M atter op E ngineers P ublic S ervice Company
ORDER -GRANTING APPLICATION

Engineers Public Service Company, a registered holding company, having filed
applications pursuant to Rules U-12D-1, U-12F-1 and U-12C-1 b concerning the sale by it of not to exceed $508,000
principal amount of the First and Re funding Bonds, Series A, 5 due 1960, of The Western Public Service Com pany, one of its subsidiaries and also a registered holding company, and also concerning the acquisition of not to exceed 7000 shares of its own preferred stock;
A public hearing having teen held on the applications after appropriate no tice; 1 prior to the entry of the Com missions findings and order herein the applicant having waived a Trial Exam iners report, the right to submit find ings of fact to the Commission and to have submitted to it proposed findings of fact by counsel to the Commission, the right to oral argument before the Commission and the right to file briefs;
the Commission having considered the record in this matter and having made and filed its findings herein:
It is ordered, That said application pursuant to Rule U-12D-1 and Rule U-12F-1 be granted, subject to the fol lowing terms and conditions:
1 T hat any tenders made by En gineers Public Service Company of the bonds of The Western Public. Service Company shall be at not less than 80
its cost plus accrued interest and a t not more than the current market price prevailing at the time the tenders are made, plus accrued interest.
2 That within ten days after the acceptance of any tenders made by En gineers Public Service Company it shall file a certificate of notification with, this Commission describing the number of bonds accepted, the price or priees at which they were accepted, together with the total amount of the tenders made by Engineers Public Service Company and the price, or prices, at which they were tendered.
I t is further ordered, That the ap plication pursuant to Rule U-12C-1 b 4 F. E. 479. 511 DI.

be granted, subject to the following terms and conditions:
1 That, prior to any purchase of such stock hereby authorized, notice of the proposed call for tenders and of the proposed open market purchases be sent to all preferred stockholders of record.
2 That the applicant file with this Commission a certificate of notification within ten days after the tenders are accepted, giving the amounts and series of the preferred stock so acquired as a result of such tenders, together with the prices at which such tenders were ac cepted, and the name and address of the record holder from whom acquired.
3 That to the extent that preferred stock is acquired by the applicant on the open market the applicant shall file with this Commission weekly reports with respect to such purchases of pre ferred stock. Each such, report shall set out the date of each purchase, the num ber of shares purchased in each transac tion, the prices paid tjherefor, the ex change on which purchased and the name and the address of the broker in each transaction, and the name and address of the record holder of such shares.
4 That all shares of preferred stock, whether acquired as a result of the ac ceptance of tenders or as a result of open market purchases shall be c;
celed forthwith.
5 That this order, with respect open market purchases shall be si marily revocable, if at any time Commission shall deem that the cumstances are such as to make furl purchases no longer compatible with me public interest or the interest of in vestors and consumers. In any event, such order shall expire at the close of business on October 31, 1939.
By the Commission.
seal
F rancis P . B rassor,
Secretary.
F. R. Doc. 39-708; Fed, March. 1, 1939;
11:18 a. m.