-----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, Fxivyw+n+S56aeuC0zbKkhX0GLnNmR5N46VNYmgK04eYhIHvxOnNJjCrgakcPU23 o7NANJw6+GbxJJKSa+pLfg== 0000107815-99-000030.txt : 19991231 0000107815-99-000030.hdr.sgml : 19991231 ACCESSION NUMBER: 0000107815-99-000030 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19991222 ITEM INFORMATION: FILED AS OF DATE: 19991230 FILER: COMPANY DATA: COMPANY CONFORMED NAME: WISCONSIN ENERGY CORP CENTRAL INDEX KEY: 0000783325 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 391391525 STATE OF INCORPORATION: WI FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-09057 FILM NUMBER: 99783797 BUSINESS ADDRESS: STREET 1: 231 W MICHIGAN ST STREET 2: P O BOX 2949 CITY: MILWAUKEE STATE: WI ZIP: 53201 BUSINESS PHONE: 4142212345 MAIL ADDRESS: STREET 1: 231 WEST MICHIGAN STREET STREET 2: P O BOX 2949 CITY: MILWAUKEE STATE: WI ZIP: 53201 8-K 1 WISCONSIN ENERGY CORPORATION SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D. C. 20549 Current Report On FORM 8-K PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of report (Date of earliest event reported): DECEMBER 22, 1999 ----------------- Commission Registrant; State of Incorporation IRS Employer File Number Address; and Telephone Number Identification No. ----------- ---------------------------------- ------------------ 1-9057 WISCONSIN ENERGY CORPORATION 39-1391525 (A Wisconsin Corporation) 231 West Michigan Street P.O. Box 2949 Milwaukee, WI 53201 (414) 221-2345 1-1245 WISCONSIN ELECTRIC POWER COMPANY 39-0476280 (A Wisconsin Corporation) 231 West Michigan Street P.O. Box 2046 Milwaukee, WI 53201 (414) 221-2345 FORM 8-K WISCONSIN ENERGY CORPORATION WISCONSIN ELECTRIC POWER COMPANY -------------------------------- ITEM 5. OTHER EVENTS GIDDINGS & LEWIS INC./ CITY OF WEST ALLIS LAWSUIT As previously reported, iron-cyanide-bearing wastes were found at two sites in West Allis, Wisconsin. One site is on property formerly owned by Kearney & Trecker Corporation, now a part of Giddings & Lewis Inc. The other site is owned by the City of West Allis. Environmental remediation at both sites was completed several years ago, with the current owners paying for disposal of materials found on their respective portions of the sites. On July 25, 1996, Giddings & Lewis, Kearney & Trecker and the City of West Allis filed an action for damages in the Milwaukee County Circuit Court against Wisconsin Electric Power Company, the wholly owned, principal subsidiary of Wisconsin Energy Corporation, alleging that Wisconsin Electric was responsible for depositing the material in 1959 and therefore liable to the plaintiffs. Investigations into the potential source of the waste led Wisconsin Electric to believe that it was not the source of this waste. On July 14, 1999, a Milwaukee County Circuit Court jury issued a verdict against Wisconsin Electric in the lawsuit that awarded the plaintiffs $4.5 million as actual damages for clean-up costs and loss of property value and also awarded the plaintiffs $100 million in punitive damages. On October 6, 1999, the Wisconsin trial court judge denied Wisconsin Electric's post trial motions and directed that judgment on the verdict be entered. On November 12, 1999, Wisconsin Electric filed a notice of appeal of the case to the Wisconsin Court of Appeals. By statute under Wisconsin law, interest at the rate of 12% per annum accrues until the funds are tendered or until the judgment is reversed. If funds are tendered during the pendency of an appeal, Wisconsin law further provides that upon reversal or reduction of the judgment there shall be restitution with interest of the applicable amount of any funds tendered. In order to stop the accrual of interest at 12% during the pendency of the appeal, Wisconsin Electric filed a motion with the trial court on November 12, 1999 requesting that Wisconsin Electric be permitted to tender the funds to the court pursuant to a stay of execution. That stay of execution motion was denied by the trial court and an appeal of the trial court's ruling on the motion was denied by the Wisconsin Court of Appeals on December 22, 1999. Thus, in order to cease any further accrual of interest at the rate of 12% per annum, Wisconsin Electric has tendered to the Milwaukee County Clerk of Circuit Court the judgment amount including interest to date aggregating $110.2 million. By statute under Wisconsin law, plaintiffs are thereafter liable to Wisconsin Electric upon reversal or reduction of the judgment for the applicable amount of the funds tendered with interest. As previously reported, the motion for sanctions, which was filed by plaintiffs as a post-trial proceeding, has been scheduled to be heard before the trial court judge on January 19th and 20th, 2000. Wisconsin Electric will vigorously defend against the plaintiffs' allegations and does not believe that any sanctionable conduct has occurred. In the opinion of management, based in part on the advice of legal counsel, the jury verdict was not supported by the evidence or the law and the unprecedented award of punitive damages of this magnitude was unwarranted and should therefore be reversed or substantially reduced on appeal. * * * * * * * * * * * This report contains some forward-looking statements. Forward-looking statements are subject to risks, uncertainties and assumptions which could cause actual results to differ materially. Litigation is unpredictable and the outcome is inherently uncertain and subject to what the court considers to be determinative. We undertake no obligation to publicly update any forward-looking statement, whether as a result of new information, future events or otherwise. FORM 8-K SIGNATURES 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 thereunto duly authorized. WISCONSIN ENERGY CORPORATION (Registrant) /s/T. H. Fehring ---------------------------------- Date: December 30, 1999 T. H. Fehring, Corporate Secretary WISCONSIN ELECTRIC POWER COMPANY (Registrant) /s/T. H. Fehring ---------------------------------- Date: December 30, 1999 T. H. Fehring, Corporate Secretary -----END PRIVACY-ENHANCED MESSAGE-----