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Form 8-K

 

 

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): May 28, 2008

 

 

Westar Energy, Inc.

(Exact Name of Registrant as Specified in Charter)

 

 

Kansas

(State or Other Jurisdiction of Incorporation)

 

1-3523   48-0290150
(Commission File Number)   (IRS Employer Identification No.)

 

818 South Kansas Avenue

Topeka, Kansas

  66611
(Address of Principal Executive Offices)   (Zip Code)

Registrant’s telephone number, including area code: (785) 575-6300

 

 

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-11 under the Exchange Act (17 CFR 240.14a-11)

 

¨ 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

Item 7.01 - Regulation FD Disclosure

On May 28, 2008, Westar Energy, Inc. filed an application with the Kansas Corporation Commission to propose changes to its electric rates. Westar Energy is seeking an approximate 15 percent, or $90.0 million, increase in rates in its northern region and an approximate 15 percent, or $87.6 million, increase in rates in its southern region.

A copy of a press release and presentation that discuss the rate review are attached to this report.

Section 9. Financial Statements and Exhibits

Item 9.01. Financial Statements and Exhibits.

Exhibit 99.1 Press Release dated May 28, 2008

Exhibit 99.2 Summary of Rate Application dated May 28, 2008

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 a combination of factors including, but not limited to, those factors described under the headings “Forward-Looking Statements” and “Risk Factors” contained in the Company’s Annual Report on Form 10-K for the period ended December 31, 2007, and under the heading “Risk Factors” contained in the Company’s Quarterly Report on Form 10-Q for the period ended March 31, 2008, each 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: May 28, 2008   By:  

/s/ Larry D. Irick

  Name:   Larry D. Irick
  Title:   Vice President, General Counsel and Corporate Secretary

 


EXHIBIT INDEX

 

Exhibit
Number
  

Description of Exhibit

Exhibit 99.1    Press Release dated May 28, 2008
Exhibit 99.2    Summary of Rate Application dated May 28, 2008
Press Release

Exhibit 99.1

 

LOGO    Media contact:
  

Karla Olsen,

director, corporate

communications

   Phone: 888.613.0003
  

FAX: 316.261.6769

karla.olsen@WestarEnergy.com

  

 

Investor contact:

  

Bruce Burns,

director, investor relations

  

Phone: 785.575.8227

bruce.burns@WestarEnergy.com

WESTAR ENERGY REQUESTS INCREASE IN ELECTRIC RATES

Request includes plant investments needed to meet growing customer usage of electricity and ice storm costs

TOPEKA, Kan., May 28, 2008 — Westar Energy, Inc. (NYSE:WR) today filed with the Kansas Corporation Commission (KCC) a request to increase its rates to recover the cost of providing electric service to its customers.

Westar is seeking an increase in rates of about 15 percent for both its north and south regions. The increase in the northern region is $90.0 million and in the southern region it is $87.6 million. The combined increase is $177.6 million, and for each region reflects an increase of just under 15 percent. The average residential customer would see a per month increase of $9.62 in Westar’s northern region and $10.34 in Westar’s southern region, based on usage of 900 kilowatt-hours (kWh) of electricity. The national average retail rate is 9.2 cents per kWh. With the requested rate increase, Westar said its average rates will be 6.9 cents per kWh.

“On a combined basis, our average rates today are lower than they were 20 years ago,” said Bill Moore, Westar’s president and chief executive officer. “This is even more dramatic in our southern area, where our average rates are significantly lower than they were in 1988 — something in stark contrast to other energy costs.”

– MORE –

 

Page 1 of 4


Westar Energy requests increase in electrical rates

 

Westar management said the increase relates primarily to investments made in plant and equipment necessary to meet customers’ growing energy needs. “The lion’s share of the increase relates to our investment in new natural gas plants and our commitment to renewable wind energy, plus the costs of restoring our system following last December’s destructive ice storm,” Moore said.

“Energy consumption continues to grow among all segments of our customer base,” Moore said. “We also are taking steps to improve air quality by investing in major environmental projects, which are recovered through the environmental charge on our customers’ bills. Our primary goal remains providing safe, reliable, high quality electric energy service at a reasonable cost to all customers.”

Customer demands must be met

Earlier this year, Westar outlined its plans to defer construction of a new coal plant for as long as reasonably possible and instead meet growing customer demand through a combination of natural gas generators, wind power and energy efficiency. “Although it is necessary for prices to rise, we are pleased that this requested increase is far lower than it would have been had we embarked on building a new coal plant,” Moore said.

Westar’s present rates were last calculated based on 2004 financial data. Westar has since invested more than $1.2 billion for new generating facilities, transmission and distribution lines and new emissions controls for its power plants.

– MORE –

 

Page 2 of 4


Westar Energy requests increase in electrical rates

 

Recovering from December’s ice storm

Westar management said a significant driver of the requested rate increase relates to restoring its electrical system following last December’s ice storm. Ice storm restoration efforts cost approximately $69 million. In an attempt to ease the burden on customers, the KCC and Westar typically agree that such costs should be spread out and recovered over a number of years.

Energy efficiency is key

Energy efficiency plays an integral role for Westar and its customers. While efficiency programs create costs, the potential benefit for consumers is one of the most cost-effective and environmentally responsible ways Westar can work together with customers to meet their energy needs. At a time of increasing energy costs, it is critical for our customers to understand and be allowed to choose ways to get the most value from their energy expenditures. Energy efficiency also is an important element of sound environmental stewardship.

Meeting environmental standards

Over the next three years, Westar management said it must install more than $660 million of additional emission controls at its power plants to meet more stringent environmental regulations. Westar has asked that the costs for these investments in pollution controls be identified separately on customers’ bills so that they can clearly see the impact of such environmental laws and regulations. These costs are being recovered through the “Environmental Charge” on customers’ bills and not as part of the rate increase filed today.

– MORE –

 

Page 3 of 4


Westar Energy requests increase in electrical rates

 

Rate differences between Westar’s north and south regions

Westar management said rates in its north and south regions are now virtually the same. “We are pleased that we have closed the gap between the former KPL and KGE rates,” Moore said. “In fact, the rates for the two areas are so close that now might be the best time to combine them into one rate structure.” For that reason, Westar has filed consolidated cost information for the KCC’s consideration, asking it to consider consolidating the rates across both regions.

Westar’s northern region rates apply to approximately 362,521 customers, including customers in Topeka, Lawrence, Olathe, Leavenworth, Atchison, Manhattan, Salina, Hutchinson, Emporia and Parsons, among other towns in rural areas. Westar’s southern region rates apply to approximately 310,540 customers in the Wichita area, Arkansas City, El Dorado, Newton, Fort Scott, Pittsburg and Independence, among other towns and rural areas.

To view Westar’s comprehensive plan, Meeting Our Customers’ Needs: A Strategic Plan for Uncertain Times, go to www.westarenergy.com

Westar Energy, Inc. (NYSE: WR) is the largest electric utility in Kansas, providing electric service to about 675,000 customers in the state. Westar Energy has about 6,200 megawatts of electric generation capacity and operates and coordinates approximately 33,000 miles of electric distribution and transmission lines.

For more information about Westar Energy, visit us on the Internet at http://www.WestarEnergy.com.

Forward-looking statements: Certain matters discussed in this news release 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 “believe,” “anticipate,” “target,” “expect,” “pro forma,” “estimate,” “intend,” “guidance” or words of similar meaning. Forward-looking statements describe future plans, objectives, expectations or goals. Although Westar Energy believes that its expectations are based on reasonable assumptions, all forward-looking statements involve risk and uncertainty. Therefore, actual results could vary materially from what we expect. Please review our Form 10-K for the period ended Dec. 31, 2007 and our Form 10-Q for the period ending March 31, 2008 for important risk factors that could cause results to differ materially from those in any such forward-looking statements. Any forward-looking statement speaks only as of the date such statement was made, and the company does 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.

 

Page 4 of 4

Summary of Rate Application
Summary of 2008 Rate Application
Summary of 2008 Rate Application
May 28, 2008
May 28, 2008
Exhibit 99.2


2
Forward-Looking Disclosure
Forward-Looking Disclosure
The
following
presentation
contains
some
“forward-looking
statements”
with
respect
to
Westar
Energy,
Inc.’s
(“Westar”)
future
plans,
expectations
and
goals,
including
management’s
expectations
with
respect
to
future
operating
results
and
dividend
growth.
The
Private
Securities
Litigation
Reform
Act
of
1995
has
established
that
these
statements
qualify
for
safe
harbors
from
liability.
Although
we
believe
that
the
expectations
and
goals
reflected
in
such
forward-looking
statements
are
based
on
reasonable
assumptions,
all
forward-looking
statements
involve
risk
and
uncertainty.
Therefore,
actual
results
could
vary
materially
from
what
we
expect.
Please
review
our
Quarterly
Report
Form
10-Q
for
the
period
ending
March
31,
2008
and
Annual
Report
Form
10-K
for
the
year
ended
December
31,
2007
for
important
risk
factors
that
could
cause
results
to
differ
materially
from
those
in
any
such
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
following
presentation
contains
some
“forward-looking
statements”
with
respect
to
Westar
Energy,
Inc.’s
(“Westar”)
future
plans,
expectations
and
goals,
including
management’s
expectations
with
respect
to
future
operating
results
and
dividend
growth.
The
Private
Securities
Litigation
Reform
Act
of
1995
has
established
that
these
statements
qualify
for
safe
harbors
from
liability.
Although
we
believe
that
the
expectations
and
goals
reflected
in
such
forward-looking
statements
are
based
on
reasonable
assumptions,
all
forward-looking
statements
involve
risk
and
uncertainty.
Therefore,
actual
results
could
vary
materially
from
what
we
expect.
Please
review
our
Quarterly
Report
Form
10-Q
for
the
period
ending
March
31,
2008
and
Annual
Report
Form
10-K
for
the
year
ended
December
31,
2007
for
important
risk
factors
that
could
cause
results
to
differ
materially
from
those
in
any
such
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.


3
Kansas Retail Rate Case Highlights
Kansas Retail Rate Case Highlights
Seeking $177.6 million increase, or 14.92%
Northern region $90.0 million, or 14.99%
Southern region $87.6 million, or 14.85%
Provided information to allow a combined northern and southern
rates for the first time if the KCC so chooses
Westar
will
retain
its
regional
and
national
rate
advantage
Requested average retail rates:
Northern region  7.0 cents per kWh
Southern region  6.8 cents per kWh
Or on combined basis 6.9 cents per kWh
Rates
among
lowest
of
any
investor
owned
utility
in
the
state
Compares to 2007 national average 9.2 cents per kWh
Seeking $177.6 million increase, or 14.92%
Northern region $90.0 million, or 14.99%
Southern region $87.6 million, or 14.85%
Provided information to allow a combined northern and southern
rates for the first time if the KCC so chooses
Westar
will
retain
its
regional
and
national
rate
advantage
Requested average retail rates:
Northern region  7.0 cents per kWh
Southern region  6.8 cents per kWh
Or on combined basis 6.9 cents per kWh
Rates
among
lowest
of
any
investor
owned
utility
in
the
state
Compares to 2007 national average 9.2 cents per kWh


4
Key Calculations in Rate Case
Key Calculations in Rate Case
KCC
jurisdiction
rate
base
of
$3.2
billion,
excluding
FERC
jurisdictional
rate
base
of
$329
million
Environmental
Cost
Recovery
rate
base
of
$237
million
Reflects
rate
base
credits
of
$740
million
Principally
of deferred income taxes
Requested rate of return
KCC
jurisdiction
rate
base
of
$3.2
billion,
excluding
FERC
jurisdictional
rate
base
of
$329
million
Environmental
Cost
Recovery
rate
base
of
$237
million
Reflects
rate
base
credits
of
$740
million
Principally
of deferred income taxes
Requested rate of return
Capitalization
Ratio (1)
Component
Cost
Weighted
Average Cost
of Capital
Debt
50.31%
6.382%
3.211%
Preferred stock
0.53%
4.553%
0.024%
Common equity
49.16%
10.950%
5.383%
100.00%
8.618%
(1)
Includes
issuance
of
remaining
shares
from
Nov.
’07
forward
sale


5
Key Drivers
Key Drivers
Recognition
of
investment
in
Spring
Creek
$53million
Emporia Energy Center
Phase
1
plant
in
service
$200
million
Phase
2
CWIP
$71
million
Wind
CWIP
$219
million
Estimated amount of investment through about August 2008
December 2007 deferred ice storm costs $51 million
$19 million per year over 4 years
Higher O&M since ’04 test year, offset by sales growth
Updated capital structure
Filed with 49% equity, with plans to update (vs. 44.5% currently)
Slightly higher ROE (10.95% vs. 10.00% currently)
Recognition
of
investment
in
Spring
Creek
$53million
Emporia Energy Center
Phase
1
plant
in
service
$200
million
Phase
2
CWIP
$71
million
Wind
CWIP
$219
million
Estimated amount of investment through about August 2008
December 2007 deferred ice storm costs $51 million
$19 million per year over 4 years
Higher O&M since ’04 test year, offset by sales growth
Updated capital structure
Filed with 49% equity, with plans to update (vs. 44.5% currently)
Slightly higher ROE (10.95% vs. 10.00% currently)


6
Tentative Rate Case Timeline
Tentative Rate Case Timeline
Prepare case
using 2007 as
historical test year
w/pro forma updates
Company files
its request
May 28, 2008
Interventions
Discovery
Technical hearings
(
October
2008)
Briefs
(
December
2008)
Decision
Jan.
23,
2009
240 days from filing
Interveners file
response to
company request
(
August
2008)
Rebuttal testimony
(
September
2008)
Public hearings at
multiple locations
in service area
Pre-hearing
conference
Rates implemented
(
February
2009)