Exhibit 25.01
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
------------------
FORM T-1
STATEMENT OF ELIGIBILITY UNDER THE
TRUST INDENTURE ACT OF 1939 OF A CORPORATION
DESIGNATED TO ACT AS TRUSTEE
------------------
CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF A TRUSTEE
PURSUANT TO SECTION 305(b)(2)
------------------
THE BANK OF NEW YORK
(Exact name of trustee as specified in its charter)
NEW YORK
(State of incorporation if not a U.S. national bank)
13-5160382
(I.R.S. employer identification no.)
One Wall Street, New York, New York 10286
(Address of principal executive offices) (Zip Code)
-------------------
The Bank of New York
100 Ashford Center North; Suite 520
Atlanta, Georgia 30338
Attn: Ms. Elizabeth T. Wagner
(770) 698-5188
(Name, address and telephone number of agent for service)
--------------------
South Carolina Electric & Gas Company
(Exact name of obligor as specified in its charter)
SOUTH CAROLINA 57-0248695
(State or other jurisdiction of (IRS employer
incorporation or organization) identification no.)
1426 Main Street
Columbia, South Carolina 29201
(803) 217-9000
(Address, zip code and telephone number of
principal executive offices)
--------------------
First Mortgage Bonds
(Title of the indenture securities)
1. General Information.
Furnish the following information as to the trustee--
(a) Name and address of each examining or supervising authority to
which it is subject.
Superintendent of Banks of the State of New York
2 Rector Street
New York, N.Y. 10006, and Albany, N.Y. 12203
Federal Reserve Bank of New York
33 Liberty Plaza
New York, N.Y. 10045
Federal Deposit Insurance Corporation
Washington, D.C. 20429
New York Clearing House Association
New York, N.Y. 10005
(b) Whether it is authorized to exercise corporate trust powers.
Yes.
2. Affiliations with Obligor.
If the obligor is an affiliate of the trustee, describe each such
affiliation.
None.
3-15 Not Applicable
16. List of Exhibits.
Exhibits identified in parentheses below, on file with the Commission,
are incorporated herein by reference as an exhibit hereto, pursuant to
Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act") and 17
C.F.R. 229.10(d).
(1) A copy of the Organization Certificate of The Bank of New York
(formerly Irving Trust Company) as now in effect, which contains the
authority to commence business and a grant of powers to exercise
corporate trust powers. (Exhibit 1 to Amendment 1 to Form T-1 filed
with Registration Statement No. 33-6215, Exhibits 1a and 1b to Form T-1
filed with Registration Statement No. 33-21672 and Exhibit 1 to Form
T-1 filed with Registration Statement No. 33-29637.)
(4) A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form
T-1 filed with Registration Statement No. 33-31019.)
(6) The consent of the Trustee required by Section 321(b) of the Act.
(Exhibit 6 to Form T-1 filed with Registration No. 33-44051.)
(7) A copy of the latest report of condition of the Trustee published
pursuant to law or the requirements of its supervising or examining
authority.
SIGNATURE
Pursuant to the requirements of the Act, the Trustee, The Bank of New
York, a corporation organized and existing under the laws of the State of New
York, has duly caused this statement of eligibility to be signed on its behalf
by the undersigned, thereunto duly authorized, all in the City of Atlanta and
the State of Georgia, on the 12th day of September 2003.
THE BANK OF NEW YORK
By: /S/ Philip L. Watson ___
------------------------
Philip L. Watson, Agent
EXHIBIT 6 TO FORM T-1
CONSENT OF TRUSTEE
Pursuant to the requirements of Section 321(b) of the Trust Indenture
Act of 1939, in connection with the proposed issuance of South Carolina Electric
& Gas Company First Mortgage Bonds, The Bank of New York hereby consents that
reports of examinations by Federal, State, Territorial or District Authorities
may be furnished by such authorities to the Securities and Exchange Commission
upon request therefor.
THE BANK OF NEW YORK
By: /S/ Philip L. Watson
---------------------
Philip L. Watson, Agent
EXHIBIT 7 TO FORM T-1
Consolidated Report of Condition of
THE BANK OF NEW YORK
of One Wall Street, New York, N.Y. 10286
And Foreign and Domestic Subsidiaries, a member of the Federal Reserve
System, at the close of business June 30, 2003, published in accordance with a
call made by the Federal Reserve Bank of this District pursuant to the
provisions of the Federal Reserve Act.
Dollar Amounts in Thousands
ASSETS
Cash and balances due from
depository institutions:
Noninterest-bearing balances
and currency and coin............................................. $ 4,257,371
Interest-bearing balances........................................... 6,048,782
Securities:
Held-to-maturity securities......................................... 373,479
Available-for-sale securities....................................... 18,918,169
Federal funds sold and securities purchased under agreements to resell:
Federal funds sold in domestic offices.............................. 6,689,000
Securities purchased under agreements to resell..................... 5,293,789
Loans and lease financing receivables:
Loans and leases held for sale...................................... 616,186
Loans and leases,
net of unearned income. . . . . 38,342,282
LESS: Allowance for loan and
lease losses. . . . . . . . . . 819,982
Loans and leases, net of unearned
income and allowance and reserve................................... 37,522,300
Trading assets................................................................ 5,741,193
Premises and fixed assets (including
capitalized leases).................................................. 958,273
Other real estate owned....................................................... 441
Investments in unconsolidated
subsidiaries and associated
companies............................................................ 257,626
Customers' liability to this bank
on acceptances outstanding........................................... 159,995
Intangible assets
Goodwill ............................................................. 2,554,921
Other Intangible Assets ................................................ 805,938
Other assets.................................................................. 6,285,971
-----------
Total assets.................................................................. $96,483,434
===========
LIABILITIES
Deposits:
In domestic offices........................................... ... $37,264,787
Noninterest-bearing . . . . . . . 15,357,289
Interest-bearing. . . . . . . . . 21,907,498
In foreign offices, Edge and
Agreement subsidiaries, and IBFs................................. 28,018,241
Noninterest-bearing . . . . . . . 1,026,601
Interest-bearing. . . . . . . . . 26,991,640
Federal funds purchased and securities sold under agreements to repurchased:
Federal funds purchased in domestic offices....................... 739,736
Securities sold under agreements to repurchase.................... 465,594
Trading liabilities......................................................... 2,456,565
Other borrowed money:
(includes mortgage indebtedness
and obligations under capitalized
leases)........................................................... 8,994,708
Bank's liability on acceptances
executed and outstanding........................................ 163,277
Subordinated notes and debentures.......................................... 2,400,000
Other liabilities.......................................................... 7,446,726
-----------
Total liabilities.......................................................... $87,949,634
===========
Minority interest in consolidated subsidiaries............................. 519,472
EQUITY CAPITAL
Common stock............................................................... 1,135,284
Surplus.................................................................... 2,056,273
Retained earnings.......................................................... 4,694,161
Accumulated other comprehensive
income............................................................ 128,610
Other equity capital components............................................ 0
-----------
Total equity capital....................................................... 8,014,328
-----------
Total liabilities and equity capital....................................... $96,483,434
===========
.........I, Thomas J. Mastro, Senior Vice President and Comptroller of the
above-named bank do hereby declare that this Report of Condition has been
prepared in conformance with the instructions issued by the Board of Governors
of the Federal Reserve System and is true to the best of my knowledge and
belief.
................... Thomas J. Mastro
................... Senior Vice President and Comptroller
..........We, the undersigned directors, attest to the correctness of this Report
of Condition and declare that it has been examined by us and to the best of our
knowledge and belief has been prepared in conformance with the instructions
issued by the Board of Governors of the Federal Reserve System and is true and
correct.
..........Thomas A. Renyi )
..........Gerald L. Hassell ) Directors
..........Alan R. Griffith )