-----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, FM8vhfKZBNZXGE/NgUEODOAhTYk3EnNqpg3Fw+Yk3aR9XmP8CFDuvk1VTKZosqPb C8MWt4d/B//OYAFAppLDJA== 0000950123-10-001972.txt : 20100112 0000950123-10-001972.hdr.sgml : 20100112 20100112144841 ACCESSION NUMBER: 0000950123-10-001972 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 20100112 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100112 DATE AS OF CHANGE: 20100112 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DETROIT EDISON CO CENTRAL INDEX KEY: 0000028385 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 380478650 STATE OF INCORPORATION: MI FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-02198 FILM NUMBER: 10522484 BUSINESS ADDRESS: STREET 1: ONE ENERGY PLAZA CITY: DETROIT STATE: MI ZIP: 48226 BUSINESS PHONE: 3132354000 MAIL ADDRESS: STREET 1: ONE ENERGY PLAZA CITY: DETROIT STATE: MI ZIP: 48226 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DTE ENERGY CO CENTRAL INDEX KEY: 0000936340 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 383217752 STATE OF INCORPORATION: MI FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-11607 FILM NUMBER: 10522483 BUSINESS ADDRESS: STREET 1: ONE ENERGY PLAZA CITY: DETROIT STATE: MI ZIP: 48226 BUSINESS PHONE: 3132354000 MAIL ADDRESS: STREET 1: ONE ENERGY PLAZA CITY: DETROIT STATE: MI ZIP: 48226 FORMER COMPANY: FORMER CONFORMED NAME: DTE HOLDINGS INC DATE OF NAME CHANGE: 19950127 8-K 1 k48753e8vk.htm FORM 8-K e8vk
 
 

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 12, 2010

         
    Exact Name of Registrant as Specified in its Charter,    
Commission   State of Incorporation, Address of Principal Executive   IRS Employer
File Number   Offices and Telephone Number   Identification No.
         
1-11607   DTE Energy Company
(a Michigan corporation)
One Energy Plaza
Detroit, Michigan 48226-1279
313-235-4000
  38-3217752
         
1-2198   The Detroit Edison Company
(a Michigan corporation)
One Energy Plaza
Detroit, Michigan 48226-1279
313-235-4000
  38-0478650

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))

 
 

 

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Item 7.01. Regulation FD Disclosure.

     On January 12, 2010, The Detroit Edison Company (Detroit Edison) posted a summary of the Michigan Public Service Commission’s (MPSC) order in its rate cases to the DTE Energy Company (DTE Energy) website at www.dteenergy.com. In the related news release, DTE Energy confirms its 2009 operating earnings per share guidance and confirms DTE Energy’s early outlook for 2010 operating earnings. Detroit Edison is a wholly-owned subsidiary of DTE Energy.
     For a detailed discussion, please see the Summary of Detroit Edison’s Electric Rate Order dated January 12, 2010 and the related news release which are attached as Exhibits 99.1 and 99.2 to this report.
     In accordance with General Instruction B.2 of Form 8-K, the information in Item 7.01 of this Current Report on Form 8-K, including Exhibits 99.1 and 99.2, shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth in such a filing.
Item 8.01. Other Events.
     On January 11, 2010, the MPSC issued its order in Detroit Edison’s electric rate cases. The full text of the order (Case No. U-15768 and Case No. U-15751) is available on the MPSC’s website (http://efile.mpsc.cis.state.mi.us/efile/).
     The MPSC order authorizes Detroit Edison to raise its rates by $217 million. In addition, the MPSC’s order adopted a pilot revenue decoupling mechanism (RDM) and uncollectible expenses tracking mechanism. The MPSC also ordered the continuation of a restoration and a line clearance tracker and Choice Incentive Mechanism (CIM).
     Detroit Edison previously self-implemented a $280 million rate increase, for a partial year starting in July 2009; therefore, this final order does not result in an additional increase to customer rates. Detroit Edison is required to refund to customers, with interest, the difference between the authorized rate increase and revenue actually collected from customers via the self-implementation surcharge. The 2009 refund amount will not be known until electric sales are final and Detroit Edison has finalized the amount collected during the self-implementation period.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

99.1 Summary of Detroit Edison’s Electric Rate Order dated January 12, 2010.

99.2 Press Release of DTE Energy Company dated January 12, 2010.

Forward-Looking Statements:

This Form 8-K contains forward-looking statements that are subject to various assumptions, risks and uncertainties. It should be read in conjunction with the “Forward-Looking Statements” section in DTE Energy’s and Detroit Edison’s 2008 Form 10-K and 2009 Forms 10-Q (which sections are incorporated by reference herein), and in conjunction with other SEC reports filed by DTE Energy and Detroit Edison that discuss important factors that could cause DTE Energy’s and Detroit Edison’s actual results to differ materially. DTE Energy and Detroit Edison expressly disclaim any current intention to update any forward-looking statements contained in this report as a result of new information or future events or developments.

 

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrants have duly caused this report to be signed on their behalf by the undersigned hereunto duly authorized.

Date: January 12, 2010

DTE ENERGY COMPANY
(Registrant)

/s/ Peter B. Oleksiak                    
Peter B. Oleksiak
Vice President, Controller & Investor Relations

THE DETROIT EDISON COMPANY
(Registrant)

/s/ Peter B. Oleksiak                    
Peter B. Oleksiak
Vice President, Controller & Investor Relations

 

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EXHIBIT INDEX

     
Exhibit    
Number   Description
99.1
  Summary of Detroit Edison’s Electric Rate Order dated January 12, 2010.
99.2
  Press Release of DTE Energy Company dated January 12, 2010.

 

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EX-99.1 2 k48753exv99w1.htm EX-99.1 exv99w1
Exhibit 99.1
(DTE ENERGY LOGO)
Summary of Detroit Edison’s Electric Rate Order (Case U-15768)1,
DTE Energy Confirms 2009 Earnings Guidance and 2010 Early Outlook
January 12, 2010
On January 11, 2010, the Michigan Public Service Commission (MPSC) issued an order in Detroit Edison’s rate case. The full text of the order can be found on the MPSC website at: http://efile.mpsc.state.mi.us/efile/viewcase.php?casenum=15768&submit.x=26&submit.y=15
The MPSC order authorizes Detroit Edison to raise its rates by $217 million. In addition, the MPSC’s order adopted a pilot revenue decoupling mechanism (RDM) and uncollectible expenses tracking mechanism. The MPSC also ordered the continuation of a restoration and a line clearance tracker and Choice Incentive Mechanism (CIM).
Detroit Edison previously self-implemented a $280 million rate increase, for a partial year starting in July 2009; therefore, this final order does not result in an additional increase to customer rates. Detroit Edison is required to refund to customers, with interest, the difference between the authorized rate increase and revenue actually collected from customers via the self-implementation surcharge. The 2009 refund amount will not be known until electric sales are final and Detroit Edison has finalized the amount collected during the self-implementation period.
DTE Energy is confirming its 2009 operating earnings guidance of $3.20 to $3.40 per diluted share. The rate increase, combined with the impact of revenue decoupling and other tracking mechanisms, provides solid support for Detroit Edison’s 2010 early outlook of $405 million to $435 million in operating earnings and the opportunity to earn its authorized return. In addition, DTE Energy is confirming its 2010 early outlook of $545 million to $610 million in operating earnings and plans to provide additional detail within its year-end 2009 earnings release on Feb. 22.
 
1   This document 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”, “believe”, “estimate”, and similar words. These statements should be read in conjunction with the “Forward-Looking Statements” section in DTE Energy Company’s and Detroit Edison’s 2008 Forms 10-K and their 2009 Forms 10-Q (which sections are incorporated by reference herein), and in conjunction with other SEC reports filed by DTE Energy and Detroit Edison that discuss important factors that could cause DTE Energy’s and Detroit Edison’s actual results to differ materially. DTE Energy and Detroit Edison expressly disclaim any current intention to update any forward-looking statements contained in this document as a result of new information or future events.

 


 

Reconciliation of MPSC final order from Detroit Edison’s original request
             
    Amount      
Item   ($ millions)     Description
Detroit Edison Filing
  $ 378     As-Filed Revenue Requirement
 
         
 
           
Capital Structure
    ($36 )   Filed for 11.5% ROE vs. authorized 11%
Rate Base
    ($25 )   2008 test year and inflation rate for projections
Uncollectibles*
    ($20 )   Establish tracker base of $66.4 million.
Variable Comp.
    ($42 )   Customer benefits do not exceed costs
Other O&M
    ($21 )   Lower inflation rates projected
Other
    ($17 )   Miscellaneous other differences
 
         
MPSC 1/11/10 Order
  $ 217      
 
         
 
*   Detroit Edison can recover 80% of the difference between the base level approved by the MPSC of $66.4 million and actual uncollectible expense. Detroit Edison had requested a base level expense of $87.1 million.
Summary of Key Components of the Order
  1.   Uncollectible Expense Tracking Mechanism
 
      The MPSC approved a tracking mechanism similar to MichCon’s using a base amount of $66.4 million. Consistent with the MPSC’s recent decision in the Consumers electric rate order, there will be an 80/20 sharing of the expenses above or below the base amount.
 
  2.   Return on Equity / Capital Structure
 
      The MPSC determined that Detroit Edison’s return on equity should remain at 11%. Detroit Edison supported 11.5%; however, it proposed the 11.5% be reduced by 25 basis points if the MPSC authorized RDM and the uncollectible tracking mechanism. The MPSC Staff had proposed a return on equity of 10.75%. The MPSC stated that the economic conditions in Detroit Edison’s service territory remain uncertain and that although financial markets have stabilized somewhat, access to credit still remains uncertain. A permanent debt / equity capital structure was approved (51% / 49%) / ($4.0B / $3.9B) consistent with both Detroit Edison’s and Staff’s position.
 
  3.   Sales Load Forecast
 
      The MPSC adopted Detroit Edison’s original forecast for total service area sales of 49,165 GWh. Detroit Edison filed rebuttal testimony in July 2009 to reflect a weakening local economy, but the MPSC did not adopt this forecast (47,733 GWh service area). The Staff had supported a service area sales forecast of 51,380 GWh. The MPSC stated that Detroit Edison’s revised forecast did not provide sufficient detail concerning billing determinants and cost of service to support adoption.
 
 
  4.   Revenue Decoupling
 
      The MPSC authorized a pilot RDM program effective February 1, 2010 similar to the program the MPSC adopted for Consumers in their recent electric rate case. The RDM

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      will compare actual sales per customer (non-weather normalized) for the period February 1, 2010, to January 31, 2011 with the base sales per customer level established in this case. The Staff supported an RDM that only tracked sales loss associated with Detroit Edison’s energy efficiency program.
 
  5.   Rate Base
 
      The MPSC accepted a projected rate base of $9,369 million, including net plant ($8,957 million) and working capital ($412 million). The rate base amount includes Detroit Edison’s capital expenditures related to its environmental investments and cost recovery of a second 10,000 meter pilot associated with its Advanced Metering Infrastructure program. A portion of the approved working capital ($53 million) also includes recovery of costs associated with its ongoing combined operating license to construct a new nuclear plant.
 
  6.   Operation and Maintenance Expense
 
      The MPSC adopted an overall O&M level of $1,409 million. This is an increase of $34 million over the Staff position. The MPSC agreed with Detroit Edison’s position that it be allowed recovery of incremental O&M associated with operating its pollution control equipment required by state and federal laws and that Detroit Edison had properly supported its ongoing costs associated with its fossil generation operations. The remaining differences in O&M between Detroit Edison and the MPSC were related to employee incentive compensation and inflationary impacts on various cost items.
 
  7.   Incentive Compensation
 
      The MPSC denied $42 million of incentive compensation costs sought by Detroit Edison for recovery. The MPSC stated that consistent with its orders in previous utility rate cases, Detroit Edison had not properly shown that benefits from the incentive compensation outweighed costs of the program.
 
  8.   Restoration and Line Clearance Expenses
 
      The MPSC approved Detroit Edison’s proposal to continue to track expenses associated with restoration costs (storm and non-storm related expenses). Annual reconciliations will be required using a base of $117 million. In addition, the MPSC ordered Detroit Edison to continue its “one-way” line clearance expense tracker (using a base level of $47 million). Detroit Edison had argued to replace the dollar based line clearance tracker with a mechanism that tracks miles of line cleared.
 
  9.   Rate Realignment (Deskewing)
 
      In compliance with Act 286, Detroit Edison proposed to continue the process of rate realignment begun in its previous rate case U-15244 in order to phase out the residential rate subsidy currently paid by its commercial and industrial full service customers by October 2013. Detroit Edison’s proposed 25% realignment adjustment was adopted by the MPSC and resulted in a $34 million shift in costs between these customer classes.
 
  10.   Electric Choice Incentive Mechanism
 
      The MPSC accepted Detroit Edison’s proposal to extend and modify the CIM which was first adopted in the settlement approved in August 2006 in case U-14838. The CIM

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      reconciles actual customer choice sales with the customer choice sales level used to set base rates through a surcharge or credit to full service customers. The level of customer choice sales underlying the forecast adopted by the MPSC is 1,586 GWh.
 
  11.   Timing
 
      Before Detroit Edison can implement new rates, it must submit revised tariff sheets to all parties, allow for comments and await an MPSC order approving the tariff changes. This process is expected to take approximately 2 weeks, thus providing for an effective date of the new rates on January 26, 2010.
 
  12.   MPSC approved rate base and capitalization
Total Electric Rate Base ($ in millions)
         
Total Utility Plant
  $ 14,925.0  
Depr. Reserve
    6,099.0  
 
     
Net Utility Plant
    8,826.0  
 
       
Other Plant
    131.4  
 
       
Total Net Plant
    8,957.4  
 
     
 
       
Working Capital
    411.9  
 
     
 
       
Total Rate Base
  $ 9,369.3  
 
     
Capitalization (percent of total capital)
         
Long-Term Debt
    41.1 %
Equity
    39.5 %
Short-Term Debt
    3.7 %
 
       
Job Development ITC
    0.7 %
 
       
Deferred Income Taxes
    15.0 %
 
     
 
       
Total
    100 %
 
     
For further information, please contact DTE Energy’s investor relations group at (313) 235-8030.
Use of Operating Earnings Information — In this release, DTE Energy discusses 2009 operating earnings guidance and 2010 early outlook. It is likely that certain items that impact the company’s 2009 and 2010 reported results will be excluded from operating results. Reconciliations to the comparable 2009 and 2010 reported earnings guidance are not provided because it is not possible to provide a reliable forecast of specific line items. These items may fluctuate significantly from period to period and may have a significant impact on reported earnings.
DTE Energy management believes that operating earnings provide a more meaningful representation of the company’s earnings from ongoing operations and uses operating earnings as the primary performance measurement for external communications with analysts and investors. Internally, DTE Energy uses operating earnings to measure performance against budget and to report to the Board of Directors.

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EX-99.2 3 k48753exv99w2.htm EX-99.2 exv99w2
Exhibit 99.2
Jan. 12, 2010
DTE Energy Receives Final Order in Detroit Edison Rate Case;
Confirms 2009 Earnings Guidance and 2010 Early Outlook
DETROIT — DTE Energy (NYSE:DTE) received a final order from the Michigan Public Service Commission in its electric utility rate case. A summary of the order will be available at http://www.dteenergy.com/dteEnergyCompany/investors/analystCenter/update.html.
DTE Energy is confirming its 2009 operating earnings per share guidance of $3.20 to $3.40 per diluted share.
The rate increase, combined with the impact of revenue decoupling and other tracking mechanisms, provides solid support for Detroit Edison’s 2010 early outlook of $405 million to $435 million in operating earnings and the opportunity to earn its authorized return. In addition, DTE Energy is confirming its 2010 early outlook of $545 million to $610 million in operating earnings and plans to provide additional detail within its year-end 2009 earnings release on Feb. 22.
DTE Energy is a Detroit-based diversified energy company involved in the development and management of energy-related businesses and services nationwide. Its operating units include Detroit Edison, an electric utility serving 2.2 million customers in Southeastern Michigan, MichCon, a natural gas utility serving 1.2 million customers in Michigan and other non-utility, energy businesses focused on gas pipelines and storage, coal transportation, unconventional gas production, and power and industrial projects. Information about DTE Energy is available at dteenergy.com.
Use of Operating Earnings Information — In this release, DTE Energy discusses 2009 operating earnings guidance and 2010 early outlook. It is likely that certain items that impact the company’s 2009 and 2010 reported results will be excluded from operating results. Reconciliations to the comparable 2009 and 2010 reported earnings guidance are not provided because it is not possible to provide a reliable forecast of specific line items. These items may fluctuate significantly from period to period and may have a significant impact on reported earnings.
DTE Energy management believes that operating earnings provide a more meaningful representation of the company’s earnings from ongoing operations and uses operating earnings as the primary performance measurement for external communications with analysts and investors. Internally, DTE Energy uses operating earnings to measure performance against budget and to report to the Board of Directors.
The information contained herein is as of the date of this release. DTE Energy expressly disclaims any current intention to update any forward-looking statements contained in this release as a result of new information or future events or developments. Words such as “anticipate,” “believe,” “expect,” “projected” and “goals” signify forward-looking statements. Forward-looking statements are not guarantees of future results and conditions but rather are subject to various assumptions, risks and uncertainties. This release contains forward-looking statements about DTE Energy’s financial results and estimates of future prospects, and actual results may differ materially.
Many factors may impact forward-looking statements including, but not limited to, the following: the length and severity of ongoing economic decline resulting in lower demand, customer conservation and increased thefts of electricity and gas; changes in the economic and financial viability of our customers, suppliers, and trading counterparties, and the continued ability of such parties to perform their obligations to the Company; high levels of uncollectible accounts receivable; access to capital markets and capital market conditions and the results of other financing efforts which can be affected by credit agency ratings; instability in capital markets which could impact availability of short and long-term financing; potential for continued loss on investments, including nuclear decommissioning and benefit plan assets and the related increases in future expense and contributions; the timing and extent of changes in interest rates; the level of borrowings; the availability, cost, coverage and terms of insurance and stability of insurance providers; the effects of weather and other natural phenomena on operations and sales to customers, and purchases from suppliers; economic climate and population growth or decline in the geographic areas where we do business; environmental issues, laws, regulations, and the increasing costs of remediation and compliance, including actual and potential new federal and state requirements that could include carbon and more stringent mercury emission controls, a renewable portfolio standard, energy efficiency mandates, and a carbon tax or cap and trade structure; nuclear regulations and operations associated with nuclear facilities; impact of electric and gas utility restructuring in Michigan, including legislative amendments and Customer Choice programs; employee relations and the impact of collective bargaining agreements; unplanned outages; changes in the cost and availability of coal and other raw materials, purchased power and natural gas; volatility in the short-term natural gas storage markets impacting third-party storage revenues; cost reduction efforts and the maximization of plant and distribution system performance; the effects

 


 

of competition; the uncertainties of successful exploration of gas shale resources and challenges in estimating gas reserves with certainty; impact of regulation by the FERC, MPSC, NRC and other applicable governmental proceedings and regulations, including any associated impact on rate structures; changes in and application of federal, state and local tax laws and their interpretations, including the Internal Revenue Code, regulations, rulings, court proceedings and audits; the amount and timing of cost recovery allowed as a result of regulatory proceedings, related appeals or new legislation; the cost of protecting assets against, or damage due to, terrorism; changes in and application of accounting standards and financial reporting regulations; changes in federal or state laws and their interpretation with respect to regulation, energy policy and other business issues; and binding arbitration, litigation and related appeals. New factors emerge from time to time. We cannot predict what factors may arise or how such factors may cause our results to differ materially from those contained in any forward-looking statement. Any forward-looking statements refer only as of the date on which such statements are made. We undertake no obligation to update any forward-looking statement to reflect events or circumstances after the date on which such statement is made or to reflect the occurrence of unanticipated events. This presentation should also be read in conjunction with the “Forward-Looking Statements” section in each of DTE Energy’s and Detroit Edison’s 2008 Forms 10-K and 2009 Forms 10-Q (which sections are incorporated herein by reference), and in conjunction with other SEC reports filed by DTE Energy and Detroit Edison.
#     #     #
For further information, members of the media may contact:
Scott Simons (313) 235-8808
Len Singer (313) 235-8809
Analysts — for further information:
Dan Miner (313) 235-5525
Lisa Muschong (313) 235-8505

 

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