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) November 12, 2003
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, Ohio 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
Item 5. Other Events
FirstEnergy Corp.'s FirstEnergy Nuclear Operating Company (FENOC)
subsidiary recently received a grand jury subpoena which calls for the
production of certain documents and records relating to the inspection and
maintenance of the reactor vessel head at the Davis-Besse Nuclear Power Station.
The documents and materials are to be presented to a grand jury sitting in the
United States District Court for the Northern District of Ohio, Eastern
Division. FENOC intends to comply fully with the grand jury subpoena and fully
cooperate with the investigation. The Company is unable to predict whether legal
actions related to the subpoena may be instituted or otherwise what might be the
outcome of this investigation. FENOC also remains subject to civil enforcement
action by the U.S. Nuclear Regulatory Commission related to Davis-Besse.
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", "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), adverse
regulatory or legal decisions and the outcome of governmental investigations,
including the grand jury investigation, availability and cost of capital,
inability of the Davis-Besse Nuclear Power Station to restart (including because
of any inability to obtain a favorable final determination from the Nuclear
Regulatory Commission) in the fall of 2003, inability to accomplish or realize
anticipated benefits of strategic goals, the ability to access the public
securities 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 that
outage, a denial of or material change to the Company's Application related to
its Rate Stabilization Plan, and other factors discussed from time to time in
FirstEnergy's Securities and Exchange Commission filings, including its annual
report on Form 10-K (as amended) for the year ended December 31, 2002, its Form
10-Q for the quarter ended September 30, 2003, and under "Risk Factors" in the
Prospectus Supplement dated September 12, 2003 to the Prospectus dated August
29, 2003 (which was part of the Registration Statement-SEC File No. 333-103865)
and other similar factors. FirstEnergy expressly disclaims any current intention
to update any forward-looking statements contained in this document as a result
of new information, future events, or otherwise.
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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.
November 21, 2003
FIRSTENERGY CORP.
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Registrant
THE CLEVELAND ELECTRIC
----------------------
ILLUMINATING COMPANY
--------------------
Registrant
THE TOLEDO EDISON COMPANY
-------------------------
Registrant
/s/ Harvey L. Wagner
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Harvey L. Wagner
Vice President, Controller
and Chief Accounting Officer
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