[Federal Register: January 23, 2003 (Volume 68, Number 15)]
[Notices]               
[Page 3283]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja03-101]                         


=======================================================================
-----------------------------------------------------------------------


SECURITIES AND EXCHANGE COMMISSION


 
Issuer Delisting; Notice of Application To Withdraw From Listing 
and Registration on the Pacific Exchange, Inc. (Aquila, Inc. (Formerly 
Known as UtiliCorp United, Inc.), Common Stock, $1.00 Par Value) File 
No. 1-16315


January 16, 2003.
    Aquila, Inc. (formerly known as UtiliCorp United, Inc.), a Delaware 
corporation (``Issuer''), has filed an application with the Securities 
and Exchange Commission (``Commission''), pursuant to section 12(d) of 
the Securities Exchange Act of 1934 (``Act'')\1\ and Rule 12d2-2(d) 
thereunder,\2\ to withdraw its Common Stock, $1.00 par value 
(``Security''), from listing and registration on the Pacific Exchange, 
Inc. (``PCX'' or ``Exchange'').
---------------------------------------------------------------------------


    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
---------------------------------------------------------------------------


    The Board of Directors (``Board'') of the Issuer approved a 
resolution on December 2, 2002 to withdraw its Security from listing on 
the Exchange. The Issuer states that it decided to delist the Security 
from the PCX as part of the cost-saving measures currently employed by 
the Issuer in light of its challenging financial situation. In 
addition, the low volume of trading in the Security (less than 1%) on 
the PCX does not justify the PCX's listing cost. The Issuer states that 
99.6% of the trading in the Security is traded on the New York Stock 
Exchange, Inc. (``NYSE'').
    The Issuer stated in its application that it has complied with the 
rules of the PCX that govern the removal of securities from listing and 
registration on the Exchange. The Issuer's application relates solely 
to the withdrawal of the Security from listing and registration on the 
PCX and from registration under section 12(b)\3\ of the Act and shall 
not affect its obligation to be registered under section 12(g) of the 
Act.\4\
---------------------------------------------------------------------------


    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).
---------------------------------------------------------------------------


    Any interested person may, on or before February 7, 2003, submit by 
letter to the Secretary of the Securities and Exchange Commission, 450 
Fifth Street, NW., Washington, DC 20549-0609, facts bearing upon 
whether the application has been made in accordance with the rules of 
the PCX and what terms, if any, should be imposed by the Commission for 
the protection of investors. The Commission, based on the information 
submitted to it, will issue an order granting the application after the 
date mentioned above, unless the Commission determines to order a 
hearing on the matter.


    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\5\
---------------------------------------------------------------------------


    \5\ 17 CFR 200.30-3(a)(1).
---------------------------------------------------------------------------


Jonathan G. Katz,
Secretary.
[FR Doc. 03-1450 Filed 1-22-03; 8:45 am]

BILLING CODE 8010-01-M