-----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, BIcCC4+4IQM2KcEpOtbaTYDsukzw3D4Xfq3U2ByP/xexzq7JC7w6fEl3xEwxYey8 blcJZAD2tnVQTDOxlseKUA== 0001104659-10-027871.txt : 20100512 0001104659-10-027871.hdr.sgml : 20100512 20100512125724 ACCESSION NUMBER: 0001104659-10-027871 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20100504 ITEM INFORMATION: Other Events FILED AS OF DATE: 20100512 DATE AS OF CHANGE: 20100512 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EMPIRE DISTRICT ELECTRIC CO CENTRAL INDEX KEY: 0000032689 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 440236370 STATE OF INCORPORATION: KS FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-03368 FILM NUMBER: 10823538 BUSINESS ADDRESS: STREET 1: 602 JOPLIN ST CITY: JOPLIN STATE: MO ZIP: 64801 BUSINESS PHONE: 4176255100 MAIL ADDRESS: STREET 1: P.O. BOX 127 CITY: JOPLIN STATE: MO ZIP: 64802 8-K 1 a10-10030_18k.htm 8-K

 

 

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):  May 4, 2010

 

THE EMPIRE DISTRICT ELECTRIC COMPANY

(Exact name of registrant as specified in charter)

 

Kansas

(State or other jurisdiction of incorporation)

 

1-3368

 

44-0236370

(Commission File Number)

 

(IRS Employer Identification Number)

 

 

 

602 S. Joplin Avenue, Joplin, Missouri

 

64801

(Address of principal executive offices)

 

(Zip Code)

 

Registrant’s telephone number, including area code:  (417) 625-5100

 

Not applicable

(Former name or former address, if changed since last report)

 

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))

 

 

 


 

SECTION 8 — OTHER EVENTS

 

Item 8.01                Other Events.

 

Settlement agreements have been filed in The Empire District Electric Company’s (the “Company”) pending Missouri and Kansas rate cases.

 

In Missouri, the Company filed for new rates on October 29, 2009, seeking an annual increase in revenues of approximately $68.17 million, or about 19.6 percent. As a result of the delay in the Iatan 2 project, however, we have agreed to not seek a permanent increase in the current rate case for any costs associated with the Iatan 2 unit with the exception of that portion of the Iatan 2 common plant needed to operate Iatan 1. The stipulated agreement, filed today, calls for an annual increase of $46.8 million provided the Plum Point Generating Station meets its in-service criteria by August 15. Should the in-service criteria not be met, the base rate increase of $33.1 million is stipulated. Both scenarios include incremental additional regulatory amortization in the amount of $10 million.

 

The agreement calls for continuation of the fuel adjustment mechanism established in the last case. Newly included items in the fuel adjustment mechanism are the air quality control system consumables and renewable energy credits. The regulatory asset/regulatory liability treatment (commonly referred to as trackers) for vegetation management, pension, and OPEB expenses will continue. All parties to the stipulated agreement have agreed to use best efforts to implement the rates on September 10, about 20 days early.

 

In Kansas, Empire filed for new rates on November 4, 2009, seeking an annual increase in revenues of approximately $5.2 million, or about 24.6 percent. The agreement, filed May 4, 2010, calls for a $2.8 million increase in base rates with rates effective about mid-July. Empire will defer depreciation and O&M expense on both Plum Point and Iatan 2 from their respective in-service dates until the effective date for rates from the next Kansas case. These deferrals will be recovered over a 3-5 year period as determined in that next case.

 

The Company will record AFUDC on all Plum Point and Iatan 2 capital expenditures incurred after January 31, 2010. Like Missouri, the air quality control system consumables will flow through the Kansas fuel adjustment mechanism. The Company will continue a tracker mechanism for pension expense and implement one for OPEB expense.

 

Both of the Stipulated Agreements are subject to approval by the respective commissions.

 

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SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

THE EMPIRE DISTRICT ELECTRIC COMPANY

 

 

 

 

 

By

/s/

Gregory A. Knapp

 

 

Name: 

Gregory A. Knapp

 

 

Title:

Vice President — Finance and Chief Financial Officer

 

 

 

 

Dated: May 12, 2010

 

 

 

 

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