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 21, 2012 |
CLECO CORPORATION |
(Exact name of registrant as specified in its charter) |
Louisiana | 1-15759 | 72-1445282 |
(State or other jurisdiction | (Commission File Number) | (IRS Employer |
of incorporation) | Identification No.) |
2030 Donahue Ferry Road | |
Pineville, Louisiana | 71360-5226 |
(Address of principal executive offices) | (Zip Code) |
Registrant's telephone number, including area code: (318) 484-7400 |
CLECO POWER LLC |
(Exact name of registrant as specified in its charter) |
Louisiana | 1-05663 | 72-0244480 |
(State or other jurisdiction | (Commission File Number) | (IRS Employer |
of incorporation) | Identification No.) |
2030 Donahue Ferry Road | |
Pineville, Louisiana | 71360-5226 |
(Address of principal executive offices) | (Zip Code) |
Registrant's telephone number, including area code: (318) 484-7400 |
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: |
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 8.01 Other Events. |
On March 21, 2012, Cleco Power LLC (“Cleco Power”), a wholly owned subsidiary of Cleco Corporation (the “Company”), announced the Louisiana Public Service Commission's (the “LPSC”) approval of Cleco Evangeline LLC (“Evangeline”) as the winning bidder of Cleco Power's most recent Request for Proposal (“RFP”) for power supply resources. Evangeline is a wholly owned subsidiary of Cleco Midstream Resources LLC, which is a wholly owned subsidiary of the Company. Evangeline will supplement Cleco Power's existing power supply resources with contractual resources of 730 MW for a delivery term of three years. Evangeline submitted Coughlin Power Station as the resource for the RFP. A copy of the application and settlement, as approved by the LPSC and posted on its website, is attached to this Current Report on Form 8-K as Exhibit 99.1. |
Item 9.01 Financial Statements and Exhibits. |
(d) Exhibits. |
The following exhibits are filed herewith: |
99.1 A copy of the approved application and settlement of Cleco Evangeline LLC as the winning bidder of the RFP. |
CLECO CORPORATION | |
Date: March 21, 2012 | By: /s/ Terry L. Taylor |
Terry L. Taylor | |
Controller and Chief Accounting Officer |
CLECO POWER LLC | |
Date: March 21, 2012 | By: /s/ Terry L. Taylor |
Terry L. Taylor | |
Controller and Chief Accounting Officer |
Exhibit Number | Exhibit Description |
99.1 | A copy of the approved application and settlement of Cleco Evangeline LLC as the winning bidder of the RFP. |
IN RE: APPLICATION OF CLECO POWER LLC FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR: (I) AUTHORIZATION FOR CLECO POWER LLC TO ENTER INTO A PROPOSED POWER PURCHASE AGREEMENT WITH CLECO EVANGELINE LLC; (II) AUTHORIZATION FOR CLECO POWER LLC TO FLOW‑THROUGH, IN ITS JURISDICTIONAL RATES, THE CHARGES THAT IT PAYS UNDER THE POWER PURCHASE AGREEMENT; AND (III) EXPEDITED TREATMENT UNDER THE LPSC'S STREAMLINED PROCEDURES FOR LIMITED TERM PURCHASE POWER AGREEMENTS | ) ) ) ) ) | DOCKET NO. U-32223 |
1. | Subject to the terms and conditions of this Settlement, Cleco Power's application in this docket is approved, and the Evangeline PPA is found to be prudent and to serve the public convenience and necessity. |
2. | The Evangeline PPA is an affiliate transaction. The Evangeline PPA, however, was selected as the lowest reasonable cost and most reasonably reliable resource pursuant to Cleco Power's Final Informational Filing, Containing Request for Proposals for Contractual Resources to Meet the Cross-State Air Pollution Rule Beginning in May 2012 (the “2011 RFP”). The 2011 RFP complied with the requirements of the Commission's General Order, issued October 29, 2008, in Docket No. R-26172, Subdocket C (the “MBM Order”), including the requirement that an Independent Monitor be retained to provide oversight of the 2011 RFP and to implement safeguards to prevent affiliate preference. (See ordering paragraph 15 of the MBM Order.) The 2011 RFP was conducted in a fair and transparent manner, and the Evangeline PPA was properly selected by Cleco Power as the lowest reasonable cost and most reasonably reliable resource. |
1. | Cleco Power agrees to forego recovery from retail rates the LPSC-jurisdictional capacity costs associated with 250 MW of the Evangeline PPA, for the first contract year (being the period May 1, 2012 through April 30, 2013). Any capacity revenue resulting from any off-system sale, together with the capacity cost associated with the Evangeline PPA, shall be |
2. | During the first contract year of the Evangeline PPA (being the period May 1, 2012 through April 30, 2013), and with respect to the LPSC-jurisdictional capacity costs associated with the remaining 480 MW of the Evangeline PPA, those 480 MW of capacity costs are eligible for recovery beginning May 1, 2012, but the timing of the collection of those costs are governed by the provisions of this paragraph B(2) and paragraph B(3). Cleco Power shall defer 86.9% (the LPSC-jurisdictional percentage of capacity costs based on Cleco Power's June 30, 2011 FRP filing) of capacity costs associated with 240 MW of the Evangeline PPA incurred for the first contract year (being one-half of the aforesaid 480 MW). Cleco Power shall establish a regulatory asset for such deferred capacity costs, which shall include a carrying charge calculated at 6.4% (Cleco Power's debt rate as calculated in Cleco Power's June 30, 2011 FRP filing). Such debt rate shall be applied to the balance of the regulatory asset, net of associated deferred taxes. See attached Exhibit A to this Settlement, which is a schedule of the monthly deferral balances and their recovery in retail rates. |
3. | Beginning July 1, 2012, Cleco Power shall collect, through Rider FRP, the LPSC-jurisdictional capacity costs associated with 240 MW of the Evangeline PPA (being the other one-half of the aforesaid 480 MW). Such collection shall include recovery of capacity costs associated with 240 MW of the Evangeline PPA for the months of May 2012 and June 2012. Beginning July 1, 2013, Cleco Power shall include in rates the LPSC-jurisdictional capacity |
4. | Energy-related charges for the jurisdictional portion of the entire Evangeline PPA may flow through Cleco Power's fuel adjustment clause in the normal manner in accordance with the Commission's fuel adjustment clause General Order. This applies to fuel, variable non-fuel O&M and CT start-up charges.) All off-system energy revenues associated with sales from Evangeline will be credited to the fuel clause in the normal manner. |
5. | All of the above provisions are for costs properly allocated to the LPSC jurisdiction. |
1. | Cleco Power has an affirmative obligation to prudently manage and administer the Evangeline PPA for the benefit of its LPSC-jurisdictional customers (including scheduling and dispatch, the enforcement of contract terms, and the sale off-system of any amounts of the Evangeline PPA available and not needed for service to native load). |
2. | This Settlement shall have no precedential effect in any other proceedings involving issues similar to those herein, and shall be without prejudice to the right of either party to take any position on any such similar issue in the future. |