-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, LrzOASpjaa4bo68qQmmWuI6MFjhB8UOhA7qZQ3qIt70biMBLp1Ook6nBIICb3NDm A8/FC+E8ftm9oGukbTm8XQ== 0000107815-07-000052.txt : 20070308 0000107815-07-000052.hdr.sgml : 20070308 20070308092451 ACCESSION NUMBER: 0000107815-07-000052 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20070305 ITEM INFORMATION: Other Events FILED AS OF DATE: 20070308 DATE AS OF CHANGE: 20070308 FILER: COMPANY DATA: COMPANY CONFORMED NAME: WISCONSIN ENERGY CORP CENTRAL INDEX KEY: 0000783325 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 391391525 STATE OF INCORPORATION: WI FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09057 FILM NUMBER: 07679489 BUSINESS ADDRESS: STREET 1: 231 W MICHIGAN ST STREET 2: P O BOX 1331 CITY: MILWAUKEE STATE: WI ZIP: 53201 BUSINESS PHONE: 414-221-2345 MAIL ADDRESS: STREET 1: 231 WEST MICHIGAN STREET STREET 2: P O BOX 1331 CITY: MILWAUKEE STATE: WI ZIP: 53201 FILER: COMPANY DATA: COMPANY CONFORMED NAME: WISCONSIN ELECTRIC POWER CO CENTRAL INDEX KEY: 0000107815 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 390476280 STATE OF INCORPORATION: WI FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-01245 FILM NUMBER: 07679490 BUSINESS ADDRESS: STREET 1: 231 W MICHIGAN ST STREET 2: PO BOX 2046 CITY: MILWAUKEE STATE: WI ZIP: 53290-0001 BUSINESS PHONE: 414-221-2345 MAIL ADDRESS: STREET 1: 231 W MICHIGAN ST STREET 2: PO BOX 2046 CITY: MILWAUKEE STATE: WI ZIP: 53201 8-K 1 wecwe8-k030807.htm WEC WE OTHER EVENTS 8K WECWE 8K 030807

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):

March 5, 2007

                                    

Commission

Registrant; State of Incorporation

IRS Employer

File Number

Address; and Telephone Number

Identification No.

           

                                 

                  

     

001-09057

          WISCONSIN ENERGY CORPORATION

39-1391525

 

                   (A Wisconsin Corporation)

 
 

                   231 West Michigan Street

 
 

                   P.O. Box 1331

 
 

                   Milwaukee, WI 53201

 
 

                  (414) 221-2345

 
 

                  

 
     

001-01245

  WISCONSIN ELECTRIC POWER COMPANY

39-0476280

 

                   (A Wisconsin Corporation)

 
 

                   231 West Michigan Street

 
 

                   P.O. Box 2046

 
 

                   Milwaukee, WI 53201

 
 

                  (414) 221-2345

 
 

                  

 
 

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))

 

 

 

WISCONSIN ENERGY CORPORATION
WISCONSIN ELECTRIC POWER COMPANY
                                    

 

ITEM 8.01 OTHER EVENTS.

In a decision dated March 5, 2007, the Dane County Circuit Court affirmed in part and remanded in part the July 2006 administrative law judge's decision concerning the Wisconsin Department of Natural Resources' (the "WDNR") reissuance of the Oak Creek water intake and discharge permit (the "WPDES" permit) (Clean Wisconsin, Inc., and Sierra Club, et al., vs. Wisconsin Department of Natural Resources, et al., Dane County Circuit Court, State of Wisconsin, Case No. 06 CV 2671). That permit is required for the operation of the Oak Creek expansion and existing Oak Creek generating units. The administrative law judge upheld the WDNR's reissuance of the Oak Creek WPDES permit. For those parts of the administrative law judge's decision that it remanded, the Dane County Circuit Court found that the administrative law judge had used an interpretation of the EPA's cooling water and intake rules that the Federal Appeals Court for the Second Circuit subsequently determined to be inconsistent with Section 3 16(b) of the Clean Water Act in Riverkeeper, Inc. v. EPA, Nos. 04-6692-ag(L) et al. (2d Cir. 2007) (the "Riverkeeper II" decision). Based on our review of the Riverkeeper II decision and the Dane County Circuit Court decision, we do not believe that either decision invalidates the WPDES permit, and we plan to continue the construction work on the Oak Creek expansion. We intend to cooperate with the WDNR to establish that the WDNR's reissuance of the WPDES permit is consistent with applicable statutes and rules following the Riverkeeper II decision. However, we cannot predict the ultimate outcome of this matter at this time.

For additional information regarding the WPDES permit, please refer to "MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS -- FACTORS AFFECTING RESULTS, LIQUIDITY AND CAPITAL RESOURCES -- POWER THE FUTURE -- Oak Creek Expansion -- Legal and Regulatory Matters" in Item 7 of the Annual Report on Form 10-K for the year ended December 31, 2006.

Certain statements contained herein are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These statements are based upon management's current expectations and are subject to risks and uncertainties, including those matters described under the headings "Factors Affecting Results, Liquidity and Capital Resources" in Management's Discussion and Analysis of Financial Condition and Results of Operations and under the headings "Cautionary Statement Regarding Forward-Looking Information" and "Risk Factors" contained in our Form 10-K for the year ended December 31, 2006 and other factors described in subsequent reports filed with the Securities and Exchange Commission, that could cause our actual results to differ materially from those contemplated in the statements. Readers are cautioned not to place undue reliance on these forward-looking statements. In some cases, forward-looking statements may be identified by reference to a future period or peri ods or by the use of forward-looking terminology such as "anticipates," "believes," "estimates," "expects," "forecasts," "intends," "may," "objectives," "plans," "possible," "potential," "projects" or similar terms or variations of these terms. We expressly disclaim any obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

 

SIGNATURES

   
   

Pursuant to the requirements of the Securities Exchange Act of 1934, each of the registrants has

duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

   
   
 

WISCONSIN ENERGY CORPORATION

 

  (Registrant)

   
 

/s/ ALLEN L. LEVERETT                                      

Date: March 8, 2007

Allen L. Leverett -- Executive Vice President and
Chief Financial Officer

   
   
   
 

WISCONSIN ELECTRIC POWER COMPANY

 

  (Registrant)

   
 

/s/ ALLEN L. LEVERETT                                      

Date: March 8, 2007

Allen L. Leverett -- Executive Vice President and
Chief Financial Officer

   

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