-----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, Fu/lC9fbKmM3qdj7xhnl0coGG0ca53T68LRbfvGiDowMu6YinXfSCnYsQ6wpmt9M S8HDlWFfawbFFCzND5aPQA== 0001225208-08-006355.txt : 20080408 0001225208-08-006355.hdr.sgml : 20080408 20080408172527 ACCESSION NUMBER: 0001225208-08-006355 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080404 FILED AS OF DATE: 20080408 DATE AS OF CHANGE: 20080408 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: FUELCELL ENERGY INC CENTRAL INDEX KEY: 0000886128 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS ELECTRICAL MACHINERY, EQUIPMENT & SUPPLIES [3690] IRS NUMBER: 060853042 STATE OF INCORPORATION: DE FISCAL YEAR END: 1031 BUSINESS ADDRESS: STREET 1: 3 GREAT PASTURE RD CITY: DANBURY STATE: CT ZIP: 06813 BUSINESS PHONE: 2038256000 MAIL ADDRESS: STREET 1: 3 GREAT PASTURE ROAD CITY: DANBURY STATE: CT ZIP: 06813 FORMER COMPANY: FORMER CONFORMED NAME: ENERGY RESEARCH CORP /NY/ DATE OF NAME CHANGE: 19930328 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: EPSTEIN GLENN H CENTRAL INDEX KEY: 0001223573 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-14204 FILM NUMBER: 08746012 BUSINESS ADDRESS: STREET 1: INTERMAGNETICS STREET 2: 450 OLD NISKAYUNA RD CITY: LATHAM STATE: NY ZIP: 12110 BUSINESS PHONE: 5187821122 4 1 doc4.xml X0202 4 2008-04-04 0000886128 FUELCELL ENERGY INC FCEL 0001223573 EPSTEIN GLENN H 3 GREAT PASTURE ROAD DANBURY CT 06813-1305 1 Director Stock Option (right to buy) 7.51 2008-04-04 4 A 0 12629 0 A 2018-04-04 Common Stock 12629 12629 D These options vest at a rate of 25% per quarter. For services rendered as director. poaepstein.TXT Jacqueline Perez-Ares, As Power of Attorney 2008-04-08 EX-24 2 poaepstein.txt POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints Joseph G. Mahler, R. Daniel Brdar, Jacqueline Perez-Ares, Ross M. Levine or Michael Bishop, or any of them signing singly, and with full power of substitution, the undersigned's true and lawful attorneyinfact to: (1) prepare, execute in the undersigneds name and on the undersigneds behalf, and submit to the U.S. Securities and Exchange Commission (the SEC) a Form ID, including amendments thereto, and any other documents necessary or appropriate to obtain codes and passwords enabling the undersigned to make electronic filings with the SEC of reports required by Section 16(a) of the Securities Exchange Act of 1934 or any rule or regulation of the SEC; (2) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer and/or director of FuelCell Energy, Inc. (the Company), Forms3, 4, and 5 in accordance with Section16(a) of the Securities Exchange Act of 1934 and the rules thereunder; (3) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form3, 4, or 5, complete and execute any amendment or amendments thereto, and timely file such form with the SEC and any stock exchange or similar authority; and (4) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorneyinfact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorneyinfact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorneyinfact may approve in such attorneyinfact's discretion. The undersigned hereby grants to each such attorneyinfact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorneyinfact, or such attorneyinfact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneysinfact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Section16 of the Securities Exchange Act of 1934. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms3, 4, and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneysinfact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 18th day of September 2007. /s/ Glenn Epstein Signature Glenn Epstein Print Name -----END PRIVACY-ENHANCED MESSAGE-----