8-K 1 f021306.txt MOTION TO AMEND SETTLEMENT AGREEMENT 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): January 30, 2006 IRS Employer Commission Registrant; State of Incorporation; Identification File Number Address; and Telephone Number Number ----------- --------------------------------------- -------------- 1-13739 UNISOURCE ENERGY CORPORATION 86-0786732 (An Arizona Corporation) One South Church Avenue, Suite 100 Tucson, AZ 85701 (520) 571-4000 1-5924 TUCSON ELECTRIC POWER COMPANY 86-0062700 (An Arizona Corporation) One South Church Avenue, Suite 100 Tucson, AZ 85701 (520) 571-4000 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: |_| 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. ------------------------- Motion to Amend the Settlement Agreement As previously reported, in September, 2005, in an effort to resolve the uncertainty surrounding the methodology that will be applied to determine Tucson Electric Power Company's ("TEP") rates for generation service after the expiration of the competitive transition charges, TEP filed a motion and supporting testimony with the Arizona Corporation Commission ("ACC") to amend the rate settlement agreement ("Settlement Agreement") which had been approved by the ACC in 1999. On January 30, 2006, the Administrative Law Judge for the ACC issued a recommended opinion and order, which, if adopted by the ACC, would deny TEP's motion to amend the Settlement Agreement. TEP disagrees with the recommended opinion and order and believes that it is in the public interest to amend the Settlement Agreement. Consideration of this matter by the ACC has been removed from the February 14, 2006 meeting agenda. The ACC is expected to reschedule consideration of this matter to a later date. TEP does not know how the ACC will rule on its motion to amend the Settlement Agreement. SIGNATURES 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. Date: February 13, 2006 UNISOURCE ENERGY CORPORATION ------------------------------- (Registrant) /s/ Raymond S. Heyman -------------------------- Senior Vice President and General Counsel Date: February 13, 2006 TUCSON ELECTRIC POWER COMPANY --------------------------------- (Registrant) /s/ Raymond S. Heyman -------------------------- Senior Vice President and General Counsel