-----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, ByS3ADGEaeS8QPQ7E0pVUyDmOhAacgnHimm3TzJJl4C0n0WQIkKHYyghjew7EsQP ykvte95C1yRr/KGibiu0xw== 0000061611-97-000029.txt : 19971120 0000061611-97-000029.hdr.sgml : 19971120 ACCESSION NUMBER: 0000061611-97-000029 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19971119 ITEM INFORMATION: FILED AS OF DATE: 19971119 SROS: AMEX FILER: COMPANY DATA: COMPANY CONFORMED NAME: MAINE PUBLIC SERVICE CO CENTRAL INDEX KEY: 0000061611 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 010113635 STATE OF INCORPORATION: ME FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-03429 FILM NUMBER: 97723867 BUSINESS ADDRESS: STREET 1: 209 STATE ST CITY: PRESQUE ISLE STATE: ME ZIP: 04769-1209 BUSINESS PHONE: 2077685811 MAIL ADDRESS: STREET 1: PO BOX 1209 CITY: PRESQUE ISLE STATE: ME ZIP: 04769-1209 8-K 1 FORM 8-K SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report: November, 1997 MAINE PUBLIC SERVICE COMPANY (Exact name of registrant as specified in its charter) Maine 1-3429 01-0113635 (State, or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 209 State Street, Presque Isle, Maine 04769 (Address of principal executive offices) (Zip Code) Registrant's Telephone Number, Including Area Code 207-768-5811 Current Report, Form 8-K for Date of Report Maine Public Service Company November, 1997 Item 5. Other Material Events - Company Files for Annual Increase in Retail Rates Pursuant to Previously Approved Rate Plan In the Company's Form 10-K for December 31, 1996, the Company described the rate stabilization plan approved by the Maine Public Utilities Commission (MPUC) in Docket No. 95-052 in November, 1995. In addition, in the Company's Form 10-Q for the quarter ended September 30, 1997, the decision by the Maine Yankee Board of Directors to close the nuclear generating facility and the impact of that closure on the Company's rate plan and financial covenants was also presented in detail. Amendments to the Company's revolving credit agreement and letter of credit and reimbursement agreement supporting the tax exempt bond issue only exclude Maine Yankee incremental replacement power costs through September 30, 1997. Without these amendments, the Company would have been in violation of interest coverage tests on these instruments. Interest coverage tests for the periods after September 30, 1997 will include Maine Yankee replacement power costs. Based on projected 1997 financial results, it is likely that the Company will be in violation of its coverage tests at the end of 1997, without similar amendments or waivers from the Banks providing the revolving credit agreement and letter of credit. The Company and the Banks have discussed additional amendments to the interest coverage tests. However, the Banks are waiting for the MPUC's decisions on the restructured Wheelabrator-Sherman agreement and the Company's February 1, 1998 rate increase pursuant to the rate plan as discussed below. The Company cannot predict the terms of these additional amendments to the interest coverage tests, but is working with the Banks to reach a resolution. On November 13, 1997, the Company filed with the MPUC its annual rate increase pursuant to the Company's rate plan. The filing supports an increase in retail rates of 7.6% effective February 1, 1998. This increase consists of the following elements: - 2.75% specified annual increase provided in the rate plan; - 2.22% increase for 50% of the Maine Yankee replacement power costs in accordance with the Maine Yankee plant outage provisions of the rate plan; and - 2.63% increase in accordance with the profit-sharing mechanism of the rate plan since earnings for the review period, i.e. the twelve months ended September 30, 1997, were more than 300 basis points below the target return on equity. Current Report, Form 8-K for Date of Report Maine Public Service Company November, 1997 The Company expects a decision by the end of January, 1998. However, the MPUC has commenced an investigation of the prudence of the Maine Yankee shutdown decision and of the operation of Maine Yankee prior to the shutdown, as more fully explained in the Form 10-Q for the quarter ended September 30, 1997. The Company has appealed to the Maine Supreme Judicial Court the question of whether the MPUC has jurisdiction over this subject matter, which the Company believes to rest exclusively with the Federal Energy Regulatory Commission. The Company cannot predict the outcome of legal challenges to the investigation nor predict the effect of this investigation on the MPUC's review of the Company's rate plan filing for the February 1, 1998 increase. If the Company's earnings provided under the rate plan are not sufficient to satisfy its interest coverage tests and other obligations, the Company will likely seek an emergency rate increase. In addition, the Company will review all cash expenditures, including its dividends on the Company's common stock. MAINE PUBLIC SERVICE COMPANY Registrant Dated: November 19, 1997 /s/ Larry E. LaPlante Larry E. LaPlante, Vice President Finance, Administration and Treasurer -----END PRIVACY-ENHANCED MESSAGE-----