-----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, NSlY2L+/Uc5ms0+rH4elWesAcDVsgdey74hJ4inumkR5unoz30k7IVqKf1Q899MI 4TCI08NIRZOKl2QQdg2MlA== 0000018654-97-000032.txt : 19971208 0000018654-97-000032.hdr.sgml : 19971208 ACCESSION NUMBER: 0000018654-97-000032 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19971124 ITEM INFORMATION: FILED AS OF DATE: 19971205 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: CENTRAL ILLINOIS PUBLIC SERVICE CO CENTRAL INDEX KEY: 0000018654 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 370211380 STATE OF INCORPORATION: IL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 000-20455 FILM NUMBER: 97732681 BUSINESS ADDRESS: STREET 1: 607 E ADAMS ST CITY: SPRINGFIELD STATE: IL ZIP: 62739 BUSINESS PHONE: 2175233600 MAIL ADDRESS: STREET 1: CENTRAL ILLINOIS PUBLIC SERVICE CO STREET 2: 607 E ADAMS ST CITY: SPRINGFIELD STATE: IL ZIP: 62739 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CIPSCO INC CENTRAL INDEX KEY: 0000860520 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 371260920 STATE OF INCORPORATION: IL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-10628 FILM NUMBER: 97732682 BUSINESS ADDRESS: STREET 1: 607 E ADAMS ST CITY: SPRINGFIELD STATE: IL ZIP: 62739 BUSINESS PHONE: 2175233600 MAIL ADDRESS: STREET 1: 607 E ADAMS STREET CITY: SPRINGFIELD STATE: IL ZIP: 62739 8-K 1 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): November 24, 1997 Commission Registrant; State of Incorporation; IRS Employer File Number Address; and Telephone Number Identification No. 1-10628 CIPSCO INCORPORATED 37-1260920 (AN Illinois Corporation) 607 East Adams Street Springfield, Illinois 62739 217-523-3600 1-3672 CENTRAL ILLINOIS PUBLIC SERVICE COMPANY 37-0211380 (An Illinois Corporation) 607 East Adams Street Springfield, Illinois 62739 217-523-3600 Item 5. Other Events Reference is made to Note 4. Coal Contract Restructuring in the Condensed Notes to Financial Statements contained in the Form 10-Q for the quarter ended September 30, 1997 (the "Form 10-Q") of CIPSCO Incorporated (the "Company") and Central Illinois Public Service Company ("CIPS") for information regarding the coal contract restructuring with a major coal supplier. As previously reported, a group of industrial customers filed with the Illinois Third District Appellate Court in February 1997 an appeal of the December 1996 order of the Illinois Commerce Commission ("Illinois commission") which approved, among other things, recovery of the restructuring payment and associated carrying costs (the "Restructuring Charges") through the retail fuel adjustment clause (FAC). Additionally, in May 1997 FERC approved recovery of the wholesale portion of the Restructuring Charges through the wholesale FAC. As a result of the Illinois commission and FERC orders, CIPS classified the $71.8 million of the Restructuring Charges made to the coal supplier in February 1997 as a regulatory asset and, through October 1997, recovered approximately $9.5 million of the Restructuring Charges through the retail FAC and from wholesale customers. On November 24, 1997, the Court reversed the Illinois commission's order, finding that the Restructuring Charges were not direct costs of fuel that may be recovered through the retail FAC, but rather should be considered as a part of a review of CIPS' aggregate revenue requirements in a full rate case. Restructuring Charges allocated to wholesale customers (about 16% of the total) are not in question as a result of the opinion of the Court. The Company is evaluating the impact of the Court decision on its financial statements as well as the restructuring agreement with the coal supplier and will request a rehearing by the Third District Appellate Court. The Company cannot predict the ultimate outcome of this matter. If the Court's decision should ultimately prevail, CIPS will be required to cease recovery of the Restructuring Charges through the retail FAC, and could be required to refund any portion of those charges that had been collected through the retail FAC. The Company is also exploring various alternatives for recovery of the Restructuring Charges. Management is currently evaluating the unamortized retail portion of the Restructuring Charges, which is currently classified as a regulatory asset to determine if it continues to meet the criteria for the existence of an asset under Generally Accepted Accounting Principles (GAAP). If it is determined that such criteria are not met, the unamortized balance of the Restructuring Charges, approximately $36 million, net of tax, could be charged to earnings. Management is also evaluating the revenues previously recovered in 1997 through the retail FAC to determine if a loss contingency, as defined under GAAP, is required. Such loss contingency, approximately $5 million, net of tax, through October 1997, could also be charged to earnings. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrants CIPSCO Incorporated and Central Illinois Public Service Company have duly caused this report to be signed on each registrant's behalf by the undersigned hereunto duly authorized. CIPSCO Incorporated (Registrant) Central Illinois Public Service Company (Registrant) /s/ Robert C. Porter ___________________________________ Robert C. Porter Treasurer and Assistant Secretary of each Registrant Date: December 5, 1997 -----END PRIVACY-ENHANCED MESSAGE-----