-----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, JC9Iu814v00n6ddv2M1FjgSgyAxUHR3zbkg0Jgo4YLaK94drHUO+E0XGdLLLAB7D yx3I2zEFnkkp+l+sSKox5w== 0000950124-06-004952.txt : 20060831 0000950124-06-004952.hdr.sgml : 20060831 20060831104503 ACCESSION NUMBER: 0000950124-06-004952 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20060831 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20060831 DATE AS OF CHANGE: 20060831 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: 061067158 BUSINESS ADDRESS: STREET 1: 2000 2ND AVENUE STREET 2: 2343 WCB CITY: DETROIT STATE: MI ZIP: 48226 BUSINESS PHONE: 3132354000 MAIL ADDRESS: STREET 1: 2000 2ND AVENUE STREET 2: 2343 WCB CITY: DETROIT STATE: MI ZIP: 48226 FORMER COMPANY: FORMER CONFORMED NAME: DTE HOLDINGS INC DATE OF NAME CHANGE: 19950127 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: 061067159 BUSINESS ADDRESS: STREET 1: 2000 2ND AVENUE STREET 2: 2343 WCB CITY: DETROIT STATE: MI ZIP: 48226 BUSINESS PHONE: 3132354000 MAIL ADDRESS: STREET 1: 2000 2ND AVENUE STREET 2: 2343 WCB CITY: DETROIT STATE: MI ZIP: 48226 8-K 1 k08189e8vk.htm CURRENT REPORT, DATED AUGUST 31, 2006 e8vk
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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): August 31, 2006
         
       
       
    Exact Name of Registrant as Specified in its Charter,    
Commission   State of Incorporation, Address of Principal   I.R.S. Employer
File Number   Executive Offices and Telephone Number   Identification No.
1-11607
  DTE Energy Company
(a Michigan corporation)
2000 2nd Avenue
Detroit, Michigan 48226-1279
313-235-4000
  38-3217752
 
       
1-2198
  The Detroit Edison Company   38-0478650
 
  (a Michigan corporation)
2000 2nd Avenue
Detroit, Michigan 48226-1279
313-235-4000
   
     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 (see General Instruction A.2. below):
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))
 
 

 


TABLE OF CONTENTS

Item 8.01. Other Events
Item 9.01. Financial Statements and Exhibits
SIGNATURES
News Release of Detroit Edison dated August 31, 2006
Summary of Detroit Edison's Settlement Agreement with the MPSC


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Item 8.01. Other Events
     On August 31, 2006, The Detroit Edison Company (“Detroit Edison”), a wholly-owned subsidiary of DTE Energy Company (“DTE Energy”), issued a News Release announcing that it has reached a settlement with the Michigan Public Service Commission (“MPSC”) regarding Detroit Edison’s show cause proceeding and has posted a Summary of Detroit Edison’s Settlement Agreement with the MPSC to the DTE Energy website at www.dteenergy.com/investors.
     For a detailed discussion, please see Detroit Edison’s News Release dated August 31, 2006, and the Summary of Detroit Edison’s Settlement Agreement with the MPSC dated August 31, 2006, attached as Exhibit 99.1 and Exhibit 99.2 respectively and incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(d)   Exhibits
  99.1   News Release of Detroit Edison dated August 31, 2006.
 
  99.2   Summary of Detroit Edison’s Settlement Agreement with the MPSC.
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 each of DTE Energy’s and Detroit Edison’s 2005 Form 10-K (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 of 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: August 31, 2006
  DTE ENERGY COMPANY    
 
  (Registrant)    
 
       
 
  /s/ Daniel G. Brudzynski
 
Daniel G. Brudzynski
   
 
  Vice President    
 
       
 
  THE DETROIT EDISON COMPANY    
 
  (Registrant)    
 
       
 
  /s/ Daniel G. Brudzynski
 
Daniel G. Brudzynski
   
 
  Vice President    

 


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EXHIBIT INDEX
     
Exhibit    
Number   Description
 
99.1
  News Release of Detroit Edison dated August 31, 2006.
 
99.2
  Summary of Detroit Edison’s Settlement Agreement with the MPSC.

 

EX-99.1 2 k08189exv99w1.htm NEWS RELEASE OF DETROIT EDISON DATED AUGUST 31, 2006 exv99w1
 

Exhibit 99.1

Aug. 31, 2006
Detroit Edison, others reach settlement in show cause proceeding
     DETROIT — Detroit Edison and a group of stakeholders have reached a settlement agreement on a Michigan Public Service Commission (MPSC) show cause order which asked Detroit Edison to explain why its electric rates should not be reduced.
     Under the agreement, Detroit Edison, a subsidiary of DTE Energy, will reduce 2006 electric rates on an annualized basis by $52.5 million. However, pro-rated for the remainder of 2006, the actual rate decrease will be approximately $17 million. Starting Jan. 1, 2007, rates will be reduced by an additional $26.25 million, bringing the total rate reduction to $78.75 million on an annualized basis. The rate reduction, which was approved today by the MPSC, will be applied to Detroit Edison residential, commercial and industrial customers.
     “This settlement agreement shows our commitment to keep electric rates as low as possible, and is evidence that cost reduction and process improvement measures undertaken by Detroit Edison are paying off for our customers,” said Robert Buckler, president of Detroit Edison.
     In March of 2006, the MPSC ordered Detroit Edison to explain why its electric rates should not be reduced, citing several factors that could potentially cause the company to exceed its authorized rate of return. Over the past several months, Detroit Edison worked with a number of interested parties — including the MPSC staff, the Michigan Attorney General’s office and others — to develop the settlement agreement.
     “This agreement demonstrates the collaborative relationship we have with the Michigan Public Service Commission and other key constituents,” Buckler said. “We were able to enter into fruitful discussions with all interested parties and reach a settlement that is in the best interest of our customers and our shareholders.”
     The settlement agreement also provides continued progress in rate deskewing which moves commercial and residential electric rates closer to their actual cost of service. The agreement creates a mechanism that addresses the financial risk associated with fluctuations in Electric Choice sales, and a methodology for amortizing the costs incurred to achieve savings from the company’s Performance Excellence Process.
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     The settlement agreement does not alter DTE Energy’s consolidated 2006 operating earnings guidance excluding synfuels of $2.41 — $2.66 per diluted share. Furthermore, Detroit Edison remains positioned to earn its authorized rate of return in 2006 and 2007, the company said.
     Importantly, the rate reduction agreement includes a sunset provision. Detroit Edison is facing significant capital investments over the next several years for infrastructure improvements to enhance electric service reliability, and for mandated environmental upgrades to achieve state and federal regulations. The sunset provision recognizes that additional resources may be needed in the future.
     To minimize the financial impact of these capital investments, Detroit Edison has begun implementing its Performance Excellence Process — a broad productivity, service and cost improvement effort focused on all areas of Detroit Edison, MichCon and the corporate staff of parent-company DTE Energy.
     Detroit Edison is an investor-owned electric utility serving 2.2 million customers in Southeastern Michigan and a subsidiary of DTE Energy (NYSE:DTE), a Detroit-based diversified energy company involved in the development and management of energy-related businesses and services nationwide. Information about DTE Energy is available at www.dteenergy.com.
     This news release 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 “DTE Energy” and The Detroit Edison Company’s “Detroit Edison” 2005 Form 10-K and most recent 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, including, but not limited to, the speed and nature of regulatory approvals. 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.
     In this document, DTE Energy provides 2006 guidance for operating 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. It is likely that certain items that impact the company’s 2006 reported results will be excluded from operating results. A reconciliation to the comparable 2006 reported earnings/net income guidance is not provided because it is not possible to provide a reliable forecast of specific line items such as 2007 oil hedging costs, Performance Excellence Process restructuring charges and DTE2 implementation charges. These items may fluctuate significantly from period to period and may have a significant impact on reported earnings.
#    #    #
For further information, members of the media may call:
     
Len Singer
  Lorie N. Kessler
(313) 235-8809
  (313) 235-8807

 

EX-99.2 3 k08189exv99w2.htm SUMMARY OF DETROIT EDISON'S SETTLEMENT AGREEMENT WITH THE MPSC exv99w2
 

EXHIBIT 99.2
DTE Energy Announces Constructive Settlement in Detroit Edison Show Cause Proceeding; Maintains
Operating Earnings Guidance of $2.41-2.66 per Diluted Share
i
August 31, 2006
Overview
     A settlement agreement was announced today in Detroit Edison’s show cause proceeding (U-14838). Detroit Edison worked with the Michigan Public Service Commission Staff and other parties to develop this settlement, which has been submitted for review and approval by the Michigan Public Service Commission (MPSC). The company believes this collaborative agreement is indicative of the ongoing constructive regulatory environment in Michigan. The full settlement agreement is posted on the MPSC’s website: http://efile.mpsc.cis.state.mi.us/efile/electric.html
     This settlement provides additional regulatory certainty through continued progress to reduce the level of rate skewing, the creation of a Choice Incentive Mechanism, the deferral and amortization of the costs to achieve savings from the Performance Excellence Process and a modest rate reduction. This settlement agreement does not alter DTE Energy’s consolidated 2006 operating earnings guidance excluding synfuels of $2.41-2.66 per diluted shareii. Furthermore, Detroit Edison remains positioned to earn its authorized 11% ROE in 2006 & 2007.
Background
     In March 2006, the MPSC ordered Detroit Edison to explain why its electric rates should not be reduced. In the order, the MPSC cited several factors that could cause Detroit Edison to exceed its authorized 11% return on equity. These factors included the January 1, 2006 expiration of residential rate caps, a return of customers to full utility service from Electric Choice and cost savings from the announced Performance Excellence Process (PEP).
Components of Settlement
    Rate Deskewing
  °   A fundamental issue with Michigan’s Electric Choice program is the impact of skewed rates on residential and commercial customers. Generally, residential customers pay rates lower than their actual cost of service, while business bundled customers pay rates higher than their actual cost of service. This skewing impacts Electric Choice volumes as the skewed rates provide false price signals to commercial customers

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  °   Approximately 80% of the total $78.75M rate reduction will be allocated to customers with rates skewed higher than their actual cost of service
 
  °   The rate reduction will be applied to the distribution rates for both Electric Choice and bundled customers
    Choice Incentive Mechanism (CIM)
  °   The CIM will create a mechanism to reduce Detroit Edison’s exposure if Electric Choice sales increase from an annualized 3,600 GWh (3,400 GWh base level of Electric Choice plus a deadband adjustment of 200 GWh). This is approximately the current level of Electric Choice sales
 
  °   If Electric Choice levels increase from a level of 3,600 GWh (which results in a decrease in Detroit Edison’s revenue), Detroit Edison will be able to recover 90% of the non-fuel revenues in excess of that level, from full-service customers. Fuel cost will continue to be fully passed through to customers through the existing Power Supply Cost Recovery mechanism
 
  °   The recovery of the non-fuel revenue shall not exceed the level of the total full-service rate reduction granted in this settlement
 
  °   If Electric Choice sales decrease below a base level of 3,200 GWh (3,400 GWh less a deadband adjustment of 200 GWh), the CIM allows Detroit Edison to credit 100% of its increase in non-fuel revenues associated with Electric Choice against the unrecovered regulatory asset balances related to the Regulatory Asset Recovery Surcharge mechanism authorized in Case No. U-13808 (November 2004)
 
  °   The first CIM reconciliation filing would occur on or before March 31, 2008
    Performance Excellence Process (PEP)
  °   For rate making purposes, beginning in 2006 the incremental costs to achieve (CTA) savings associated with the ongoing PEP will be deferred and amortized over a ten-year period
 
  °   This vintage year deferral method will result in a better matching of the CTA expenses with the expected savings from the PEP program
 
  °   Implementation costs in 2006 may exceed the projected savings for 2006, but DTE Energy expects to realize sustained net cost savings beginning in 2007. Once fully implemented, the company expects ongoing pre-tax PEP operations and maintenance savings of $200-250 million per year, starting in 2008
 
  °   DTE Energy expects total CTA expenses associated with PEP to be $200-250 million. These will likely be incurred over 2006 and 2007
    Temporary Rate Reduction
  °   The rate reduction will go into effect by September 1, 2006 or within five days following the issuance of an MPSC order and will remain in effect until the later of March 31, 2008 or 12 months from the date of filing of a general electric rate case
 
  °   On a pro-rated basis (September through December), 2006 rates will be reduced by approximately $17 million (pre-tax)
 
  °   On an annualized basis, 2006 rates will be reduced by $52.50 million (pre-tax)

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  °   Starting January 1, 2007, rates will be reduced by an additional $26.25 million (pre-tax) on an annualized basis, for a total rate reduction of $78.75 million (pre-tax)
 
  °   The rate decrease and the subsequent elimination of the rate decrease will be implemented on a service rendered basis
    Future Rate Case
  °   In accordance with the MPSC’s December 2005 order in Detroit Edison’s rate restructuring case (U-14399), Detroit Edison will file a general rate case no later than July 1, 2007
 
  °   This case will reflect a full 2006 calendar historical test year and will utilize 2006 actual financial data
 
i   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 “DTE Energy” and Detroit Edison’s 2005 Form 10-K and most recent 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, including, but not limited to, the speed and nature of regulatory approvals. 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
 
ii   In this document, DTE Energy provides 2006 guidance for operating 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. It is likely that certain items that impact the company’s 2006 reported results will be excluded from operating results. A reconciliation to the comparable 2006 reported earnings/net income guidance is not provided because it is not possible to provide a reliable forecast of specific line items such as 2007 oil hedging costs, Performance Excellence Process restructuring charges and DTE2 implementation charges. These items may fluctuate significantly from period to period and may have a significant impact on reported earnings

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