UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D. C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date
of Report (Date of earliest event reported) April 21, 2005
|
Commission |
Registrant;
State of Incorporation; |
I.R.S.
Employer |
|
File
Number |
Address;
and Telephone Number |
Identification
No. |
| |
|
|
|
333-21011 |
FIRSTENERGY
CORP. |
34-1843785 |
| |
(An
Ohio Corporation) |
|
| |
76
South Main Street |
|
| |
Akron,
OH 44308 |
|
| |
Telephone
(800)736-3402 |
|
| |
|
|
|
1-2323 |
THE
CLEVELAND ELECTRIC ILLUMINATING COMPANY |
34-0150020 |
| |
(An
Ohio Corporation) |
|
| |
c/o
FirstEnergy Corp. |
|
| |
76
South Main Street |
|
| |
Akron,
OH 44308 |
|
| |
Telephone
(800)736-3402 |
|
| |
|
|
|
1-3583 |
THE
TOLEDO EDISON COMPANY |
34-4375005 |
| |
(An
Ohio Corporation) |
|
| |
c/o
FirstEnergy Corp. |
|
| |
76
South Main Street |
|
| |
Akron,
OH 44308 |
|
| |
Telephone
(800)736-3402 |
|
| |
|
|
Check
the appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions (see General Instruction A.2. below):
[ ]
Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
[ ]
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[ ]
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act
(17 CFR 240.14d-2(b))
[ ]
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act
(17 CFR 240.13e-4(c))
Item
8.01 Other Events
On
April 21, 2005, FirstEnergy Nuclear Operating Company (FENOC), a
wholly owned subsidiary of FirstEnergy Corp. (Company), announced that it was
reviewing a notice of violation by the Nuclear Regulatory Commission (NRC) and a
proposed $5.45 million fine related to the corrosion issue at the Davis-Besse
Nuclear Power Plant, which is jointly-owned by the Company's Cleveland
Electric Illuminating and Toledo Edison subsidiaries. The press release is
attached as Exhibit No. 99.1 and incorporated by reference herein.
The
corrosion problem on the plant's reactor head was discovered during a
comprehensive inspection and reported to regulators in March 2002. Subsequently,
FENOC investigated the causes of the problem, replaced the reactor head, and
made numerous staff changes, as well as enhancements to plant programs and
equipment. Davis-Besse has operated safely and reliably after it was
successfully restarted in March 2004.
The NRC said in a letter to FENOC that this action does not reflect the current
performance of Davis-Besse and no further civil enforcement action is expected,
absent any new information from the Department of Justice.
Item
9.01 Financial Statements and Exhibits
(c)
Exhibits.
|
Exhibit
No. |
Description |
| |
|
|
99.1 |
Press
release issued by FirstEnergy Corp., dated April 21, 2005
|
Forward-Looking
Statement: This
Form 8-K includes forward-looking statements based on information currently
available to management. Such statements are subject to certain risks and
uncertainties. These statements typically contain, but are not limited to, the
terms "anticipate," "potential," "expect," "believe," "estimate" and similar
words. Actual results may differ materially due to the speed and nature of
increased competition and deregulation in the electric utility industry,
economic or weather conditions affecting future sales and margins, changes in
markets for energy services, changing energy and commodity market prices,
replacement power costs being higher than anticipated or inadequately hedged,
maintenance costs being higher than anticipated, legislative and regulatory
changes (including revised environmental requirements), the receipt of approval
from and entry of a final order by the U.S. District Court, Southern District of
Ohio on the pending settlement agreement resolving the New Source Review
litigation and the uncertainty of the timing and amounts of the capital
expenditures (including that such amounts could be higher than anticipated) or
levels of emission reductions related to this settlement, adverse
regulatory or legal decisions and outcomes (including revocation of necessary
licenses or operating permits, fines or other enforcement actions and remedies)
of governmental investigations and oversight, including by the Securities and
Exchange Commission, the United States Attorney's Office and the Nuclear
Regulatory Commission as disclosed in the registrants’ Securities and Exchange
Commission filings, generally, and with respect to the Davis-Besse Nuclear Power
Station outage and heightened scrutiny at the Perry Nuclear Power Plant in
particular, the availability and cost of capital, the continuing availability
and operation of generating units, the inability to accomplish or realize
anticipated benefits from strategic goals, the ability to improve electric
commodity margins and to experience growth in the distribution business, the
ability to access the public securities and other capital markets, further
investigation into the causes of the August 14, 2003, regional power outage
and the outcome, cost and other effects of present and potential legal and
administrative proceedings and claims related to the outage, the final outcome
in the proceeding related to FirstEnergy's Application for a Rate Stabilization
Plan in Ohio, the risks and other factors discussed from time to time in the
registrants’ Securities and Exchange Commission filings, and other similar
factors. The registrants expressly disclaim any current intention to update any
forward-looking statements contained herein as a result of new information,
future events, or otherwise.
SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, each Registrant has
duly caused this report to be signed on its behalf by the undersigned thereunto
duly authorized.
April 22,
2005
|
|
FIRSTENERGY CORP. |
| |
Registrant |
| |
|
| |
THE CLEVELAND ELECTRIC |
| |
ILLUMINATING
COMPANY |
| |
Registrant |
| |
|
| |
THE TOLEDO EDISON COMPANY |
| |
Registrant |
| |
|
| |
/s/Harvey
L. Wagner |
| |
Harvey
L. Wagner |
| |
Vice
President, Controller and |
| |
Chief
Accounting Officer |