-----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, Am6onNh68ZTgXnLoPKIm7hL4SCXY++hqvyXp2NjLtta0+a22rVZFcGnAiZ3INpUP IsqKw3CjVg3qQNa1CKlb9w== 0000065984-98-000079.txt : 19980513 0000065984-98-000079.hdr.sgml : 19980513 ACCESSION NUMBER: 0000065984-98-000079 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19980504 ITEM INFORMATION: FILED AS OF DATE: 19980512 SROS: NONE FILER: COMPANY DATA: COMPANY CONFORMED NAME: ENTERGY GULF STATES INC CENTRAL INDEX KEY: 0000044570 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 740662730 STATE OF INCORPORATION: TX FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-27031 FILM NUMBER: 98616732 BUSINESS ADDRESS: STREET 1: 350 PINE ST CITY: BEAUMONT STATE: TX ZIP: 77701 BUSINESS PHONE: 4098386631 MAIL ADDRESS: STREET 1: 350 PINE ST CITY: BEAUMONT STATE: TX ZIP: 77701 FORMER COMPANY: FORMER CONFORMED NAME: GULF STATES UTILITIES CO DATE OF NAME CHANGE: 19920703 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ENTERGY CORP /DE/ CENTRAL INDEX KEY: 0000065984 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 721229752 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-11299 FILM NUMBER: 98616733 BUSINESS ADDRESS: STREET 1: 639 LOYOLA AVE CITY: NEW ORLEANS STATE: LA ZIP: 70113 BUSINESS PHONE: 5045295262 FORMER COMPANY: FORMER CONFORMED NAME: ENTERGY GSU HOLDINGS INC /DE/ DATE OF NAME CHANGE: 19940329 FORMER COMPANY: FORMER CONFORMED NAME: ENTERGY CORP /FL/ DATE OF NAME CHANGE: 19940329 FORMER COMPANY: FORMER CONFORMED NAME: MIDDLE SOUTH UTILITIES INC DATE OF NAME CHANGE: 19890521 8-K 1 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 earliest event reported) May 4, 1998 Commission Registrant, State of Incorporation, I.R.S. File Number Address and Telephone Number Employer Identification No 1-11299 ENTERGY CORPORATION 72-1229752 (a Delaware corporation) 639 Loyola Avenue New Orleans, Louisiana 70113 Telephone (504) 529-5262 1-2703 ENTERGY GULF STATES, INC. 74-0662730 (a Texas corporation) 350 Pine Street Beaumont, Texas 77701 Telephone (409) 838-6631 Item 5. Other Events Entergy Corporation Reference is made to the Annual Report on Form 10-K for Entergy Corporation ("Entergy") and Entergy Gulf States, Inc. ("Entergy Gulf States") for the year ended December 31, 1997, and the Quarterly Report on Form 10-Q of Entergy and Entergy Gulf States for the quarter ended March 31, 1998, for a discussion of litigation in respect of certain coal supply contracts related to the Cajun Electric Power Cooperative ("Cajun") bankruptcy. As described therein, the Bankruptcy Judge in the Cajun bankruptcy proceeding ruled in response to Entergy Gulf States' petition for declaratory judgment that Entergy Gulf States was not liable to the coal suppliers to Big Cajun 2, a coal-fired power station located in Point Coupee Parish, Louisiana, of which Entergy Gulf States owns 42% of Unit 3. The coal suppliers appealed the decision to the United States District Court for the Eastern District of Louisiana ("District Court"). Entergy Gulf States filed a similar petition for a declaratory judgment against the rail and barge companies that transport the coal from Wyoming to Big Cajun 2. The motion for summary judgment filed by Entergy Gulf States was denied and concurrently with this action, the Judge filed a report and recommendation with the District Court in which the appeal of the ruling against the coal suppliers was pending seeking a remand of the appeal for further consideration. This report stated that, upon further review, the Bankruptcy Court believed that reconsideration of the initial ruling in the declaratory judgment action against the coal suppliers was necessary in light of his ruling on the summary judgment in the coal transporters action. On April 30, 1998, the District Court remanded the declaratory judgment against the coal suppliers to the Bankruptcy Court, and commencing on May 4, 1998, a trial in the Bankruptcy Court was held on the bifurcated issue of liability of Entergy Gulf States to both the coal suppliers and the rail and barge companies. The trial has been concluded, but no assurance can be given regarding the timing of or the outcome of the matter. Because a Cajun reorganization plan has yet to be confirmed by the Bankruptcy Judge, it is uncertain whether Entergy Gulf States would have any liability ultimately asserted against it by the coal suppliers and transporters for any portion of their claims. Collectively, these coal and transportation companies have asserted claims which exceed $1.6 billion, sums which Entergy Gulf States believes to be significantly exaggerated. The claimants allege, in substance, that Entergy Gulf States should be responsible, under Louisiana law, for 50% of that amount as a joint venturer with Cajun in the entire Big Cajun 2 power station rather than only 42% of Big Cajun 2 Unit 3 (which is equivalent to 14% of the entire power station). Entergy Gulf States believes this position is totally without merit and that it has no liability to either the coal suppliers or transporters. Entergy Gulf States' position is that it was not engaged in a joint venture with Cajun but rather that Cajun was the operator of the facility in which Entergy Gulf States owned an undivided interest. SIGNATURE Pursuant to the requirements of the Securities Exchange Act 1934, the registrants have duly caused this report to be signed on their behalf by the undersigned hereunto duly authorized. ENTERGY CORPORATION ENTERGY GULF STATES, INC. By: /s/Louis E. Buck ------------------- Louis E. Buck Dated: May 12, 1998 -----END PRIVACY-ENHANCED MESSAGE-----