-----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, JXRTNAaLW7tNA6GH35W+UC1wskjngVmEGfr/K0Ef9FTpQUy4epRraBbTCO4rqBDG a5Fe/6pt6jZXj/JikPAi+g== 0000950129-05-010367.txt : 20051101 0000950129-05-010367.hdr.sgml : 20051101 20051101100443 ACCESSION NUMBER: 0000950129-05-010367 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20051101 ITEM INFORMATION: Other Events FILED AS OF DATE: 20051101 DATE AS OF CHANGE: 20051101 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NORTHERN BORDER PARTNERS LP CENTRAL INDEX KEY: 0000909281 STANDARD INDUSTRIAL CLASSIFICATION: NATURAL GAS TRANSMISSION [4922] IRS NUMBER: 931120873 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12202 FILM NUMBER: 051168246 BUSINESS ADDRESS: STREET 1: 13710 FIRST NATIONAL BANK STREET 2: PARKWAY CITY: OMAHA STATE: NE ZIP: 68154-5200 BUSINESS PHONE: 4024927300 MAIL ADDRESS: STREET 1: 13710 FIRST NATIONAL BANK STREET 2: PARKWAY CITY: OMAHA STATE: NE ZIP: 68154-5200 8-K 1 h29801e8vk.txt NORTHERN BORDER PARTNERS, L.P. 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): NOVEMBER 1, 2005 NORTHERN BORDER PARTNERS, L.P. (Exact name of registrant as specified in its charter) DELAWARE 1-12202 93-1120873 (State or other jurisdiction of (Commission (IRS Employer incorporation) File Number) Identification No.) 13710 FNB PARKWAY OMAHA, NEBRASKA 68154-5200 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (402) 492-7300 [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: [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) ITEM 8.01 OTHER EVENTS As required by the provisions of the settlement of Northern Border Pipeline Company's last rate case, on November 1, 2005, Northern Border Pipeline filed a rate case with the Federal Energy Regulatory Commission (FERC). The rate case filing proposes an increase to its rates; a change to its rate design approach with a supply zone and market area utilizing a fixed rate and a dekatherm-mile rate, respectively; a compressor usage surcharge primarily to recover costs related to powering electric compressors; and implementation of a short-term, firm-service rate structure on a prospective basis. Northern Border Pipeline has proposed an increase in overall revenues of 7.8 percent. The filing incorporates an overall cost of capital of 10.56 percent based on a rate of return on equity of 14.2 percent; an increase in the depreciation rate for transmission plant from 2.25 percent to 2.84 percent and the institution of a negative salvage rate of 0.59 percent and a decrease in the billing determinants. Also included in the filing is the continuation of the inclusion of income taxes in the calculation of its rates. While we cannot predict the FERC and intervening parties' positions on the proposed changes, we anticipate opposition and that by early December 2005, the FERC will issue an order which will identify the issues raised in the proceeding and accept the proposed rates but suspend their effectiveness until May 1, 2006, at which time the new rates would be collected subject to refund until final resolution of the rate case. We expect the FERC will set issues for hearing and unless Northern Border Pipeline is able to reach a settlement with the FERC staff and Northern Border Pipeline's customers, final resolution of this matter may not occur until 2007. FORWARD-LOOKING STATEMENT The statements above that are not historical information are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Although we believe that our expectations regarding future events are based on reasonable assumptions within the bounds of our knowledge of our business, we can give no assurance that our goals will be achieved or that our expectations regarding future developments will be realized. Important factors that could cause actual results to differ materially from those in the forward-looking statements herein include: o Northern Border Pipeline's ability to successfully advocate their position before the FERC or reach a reasonable settlement with the FERC staff and opposing parties; o the ability to recover operating costs, costs of property, plant and equipment and regulatory assets in Northern Border Pipeline's rates. 2 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 hereunto duly authorized. NORTHERN BORDER PARTNERS, L.P. Date: November 1, 2005 By: /s/ Jerry L. Peters ---------------------------------------- Name: Jerry L. Peters Title: Chief Financial and Accounting Officer 3 -----END PRIVACY-ENHANCED MESSAGE-----