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) October 3, 2005
WESTAR ENERGY, INC.
(Exact name of registrant as specified in its charter)
| KANSAS | 1-3523 | 48-0290150 | ||
| (State or other jurisdiction of incorporation or organization) |
(Commission File Number) | (IRS Employer Identification No.) |
| 818 South Kansas Avenue, Topeka, Kansas | 66612 | |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code (785) 575-6300
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)) |
WESTAR ENERGY, INC.
Section 7. Regulation FD Disclosure
Item 7.01 - Regulation FD Disclosure
On May 2, 2005, we, together with Kansas Gas and Electric Company, our wholly owned subsidiary, filed a joint application with the Kansas Corporation Commission to propose changes to our electric rates that would increase our rates by approximately $84.1 million.
On September 9, 2005, the Staff of the Kansas Corporation Commission and intervenors in our rate case filed testimony with the Kansas Corporation Commission that proposes adjustments to our electric rates that would significantly decrease our rates. The Staff’s suggested adjustments, if adopted by the Commissioners, would result in a rate decrease of approximately $66 million, which is approximately $36 million more than the amount publicly announced by the Staff as its proposed decrease in our current rates.
Today, we filed with the Kansas Corporation Commission additional testimony to update our filing and rebut the Staff’s and intervenors’ findings, conclusions and proposed adjustments. The rebuttal testimony of Kelly B. Harrison, our vice president of regulatory, filed October 3, 2005, summarizes the impact the Staff’s and intervenors’ proposed adjustments would have on our current rates and highlights those issues that cause the most significant differences between our proposed increase and the Staff’s and intervenors’ proposed decrease in our current rates. If the Staff’s or intervenors’ proposed adjustments to our rates are adopted by the Commissioners, we believe it would have a material adverse effect on our financial condition and results of operations.
All filings related to our rate case can be found on the Kansas Corporation Commission’s website, http://www.kcc.state.ks.us/, by referencing our docket number, 05-WSEE-981-RTS. Information regarding our rate case can also be found on our website, http://www.wr.com.
The information in this report, including any exhibits hereto, is “furnished,” not “filed,” for purposes of Securities Exchange Act of 1934, as amended. Forward-looking statements: Certain matters discussed in this Current Report on Form 8-K are “forward-looking statements.” The Private Securities Litigation Reform Act of 1995 has established that these statements qualify for safe harbors from liability. Forward-looking statements may include words like we “believe,” “anticipate,” “expect,” “likely,” “estimate,” “intend” or words of similar meaning. Forward-looking statements describe our future plans, objectives, expectations or goals and are based on assumptions by the management of the Company as of the date of this document. If management’s assumptions prove incorrect or should unanticipated circumstances arise, the Company’s actual results could differ materially from those anticipated. These differences could be caused by a number of factors or combination of factors including, but not limited to, those factors described under the heading “Risk Factors” contained in the Company’s Quarterly Report on Form 10-Q for the period ended June 30, 2005 as filed with the Securities and Exchange Commission. Readers are urged to consider such factors when evaluating any forward-looking statement, and the Company cautions you not to put undue reliance on any forward-looking statements. Any forward-looking statement speaks only as of the date such statement was made, and we do not undertake any obligation to update any forward-looking statement to reflect events or circumstances after the date on which such statement was made except as required by applicable laws or regulations.
The information contained in this report is summary information that is intended to be considered in the context of our SEC filings and other public announcements that we may make, by press release or otherwise, from time to time. We disclaim any current intention to revise or update the information contained in this report, although we may do so from time to time as our management believes is warranted. Any such updating may be made through the filing of other reports or documents with the SEC, through press releases or through other public disclosure.
SIGNATURE
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.
| Westar Energy, Inc. | ||||
| Date: October 3, 2005 | By: | /s/ MARK A. RUELLE | ||
| Mark A. Ruelle, Executive Vice President | ||||
| and Chief Financial Officer | ||||