View:

Download DOC

Download PDF

Download XLS

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D. C. 20549

FORM U-3A-2

Statement by Holding Company Claiming Exemption Under Rule U-3A-2 from the Provisions of the

Public Utility Holding Company Act of 1935

To Be Filed Annually Prior to March 1

WESTAR ENERGY, INC.

Westar Energy, Inc. (Westar Energy) hereby files with the Securities and Exchange Commission, pursuant to Rule 2, its statement claiming exemption as a holding company from the provisions of the Public Utility Holding Company Act of 1935 (the Act) and submits the following information.

Introductory Note:

Westar Energy is filing this statement without 2004 financial statements because such financial statements are not available as of the required filing date for the statement. Westar Energy will file an amended statement containing the financial statements as soon as they become available, which is expected to be on or before March 16, 2005, the filing date for Westar Energy’s Annual Report on Form 10-K for the fiscal year ended December 31, 2004.

ITEM 1. Name, State of organization, location and nature of business of claimant and every subsidiary thereof, other than any exempt wholesale generator (EWG) or foreign utility company in which claimant directly or indirectly holds an interest.

Westar Energy is a Kansas corporation whose principal executive offices are located at 818 South Kansas Avenue, Topeka, Kansas 66612. Westar Energy’s mailing address is P.O. Box 889, Topeka, Kansas 66601. During 2004, Westar Energy’s principal business consisted of the production, purchase, transmission, distribution and sale of electricity. Westar Energy provided retail electric service to approximately 352,000 residential, industrial and commercial customers located in Kansas. Westar Energy also provided wholesale electric generation and transmission services to numerous municipal customers located in Kansas and to entities outside of Kansas through interconnections located within and outside of Kansas. As of December 31, 2004, Westar Energy’s subsidiaries (as defined in the Act) were as follows:

2

3

4

ITEM 2. Description of The Properties of Claimant And Each of Its Subsidiary Public Utility Companies Used for the Generation, Transmission, and Distribution of Electric Energy for Sale.

Westar Energy maintains 14 tie lines with 6 other public utilities to permit direct extra-high voltage interchange. Westar Energy is also a member of the Southwest Power Pool, the regional transmission organization for numerous electric utilities throughout the south-central United States.

Westar Energy owns a transmission and distribution system, that enables it to supply its service area. Transmission and distribution lines, in general, are located by permit or easement on public roads and streets or the lands of others. All such transmission and distribution systems are located within Kansas.

5

KGE maintains 13 tie lines with 7 other public utilities to permit direct extra-high voltage interchange. Since KGE provides electric service together with the electric utility operations of Westar Energy, KGE is a member of the Southwest Power Pool through Westar Energy’s membership and does not have a separate membership.

KGE owns a transmission and distribution system that enables it to supply its service area. Transmission and distribution lines, in general, are located by permit or easement on public roads and streets or the lands of others. All such transmission and distribution systems are located within Kansas.

6

ITEM 3. Information for the Last Calendar Year with Respect to Claimant and Each of its Subsidiary Public Utility Companies.

For the year ended December 31, 2004, Westar Energy sold 9,225,171,000 KWH of electric energy at retail and 5,466,439,000 KWH of electric energy at wholesale. For the year ended December 31, 2004, KGE sold 9,138,913,000 KWH of electric energy at retail and 3,220,981,000 KWH of electric energy at wholesale. In addition, for the year ended December 31, 2004, Westar Energy’s energy marketing group sold 8,895,048,000 KWH of electric energy at wholesale. For the year ended December 31, 2004, Westar Generating sold 230,764,000 KWH of electric energy at wholesale, all of which was sold to its parent, Westar Energy. For the year ended December 31, 2004, neither Westar Energy nor its subsidiaries distributed natural or manufactured gas at retail.

For the year ended December 31, 2004, neither Westar Energy nor its subsidiaries distributed or sold electric energy or natural or manufactured gas at retail outside of Kansas.

For the year ended December 31, 2004, Westar Energy sold, at wholesale, 859,039,000 KWH of electric energy to entities outside of Kansas through interconnections located both within and outside of Kansas. For the year ended December 31, 2004, KGE sold, at wholesale, 2,603,594,000 KWH of electric energy to entities outside of Kansas through interconnections located both within and outside of Kansas. In addition, for the year ended December 31, 2004, Westar Energy’s energy marketing group sold 8,895,048,000 KWH of electric energy at wholesale to entities outside of Kansas. For the year ended December 31, 2004, Westar Generating sold 230,764,000 KWH of electric energy at wholesale, all of which was sold to its parent, Westar Energy. For the year ended December 31, 2004, neither Westar Energy nor its subsidiaries owned any natural or manufactured gas distribution assets and did not sell any natural or manufactured gas at wholesale outside the state of Kansas, except for sales of natural or manufactured gas that were completed in connection with trading or hedging activities or used in electric generating facilities.

For the year ended December 31, 2004, Westar Energy purchased 558,999,000 KWH of electric energy from outside of Kansas or at the Kansas state line including 230,764,000 KWH of electric energy it purchased from its wholly owned subsidiary, Westar Generating. For the year ended December 31, 2004, KGE purchased 512,215,000 KWH of electric energy from outside of the state of Kansas or at the Kansas state line. In addition, for the year ended December 31, 2004, Westar Energy’s energy marketing group purchased 8,972,669,000 KWH of electric energy at wholesale. For the year ended December 31, 2004, neither Westar Energy nor its subsidiaries owned any natural or manufactured gas distribution assets and did not purchase any natural or manufactured gas from outside the state of Kansas, except for purchases of natural or manufactured gas that were completed in connection with energy marketing activities or used in electric generating facilities.

7

ITEM 4. Information for the Reporting Period with Respect to Claimant and Each Interest it Holds Directly or Indirectly in an EWG or a Foreign Utility Company.

WRIL owns a 49% interest in Zhengzhou Dengwei Power Company, Ltd.

None

8

WRIL owns a 49% interest in Zhengzhou Dengyuan Power Company, Ltd.

None

WRIL owns a 49% equity interest in Zhengzhou Huadeng Power Company, Ltd.

9

None

WRIL owns a 49% equity interest in Zhengzhou Huaxin Power Company, Ltd.

None

10

The above-named claimant has caused this statement to be duly executed on its behalf by its authorized officer on this 28^th day of February, 2005.

CORPORATE SEAL

Attest:

Name, title and address of officer to whom notices and correspondence concerning this statement should be addressed:

Larry D. Irick

Vice President, General Counsel and Corporate Secretary

Westar Energy, Inc.

P.O. Box 889

818 South Kansas Avenue

Topeka, Kansas 66601

(785)575-1625

(785)575-8136 (FAX)

11

EXHIBIT A

A consolidating statement of income and surplus of the claimant and its subsidiary companies for the last calendar year, together with a consolidating balance sheet of claimant and its subsidiary companies as of the close of such calendar year.

See Introductory Note to this Form U-3A-2.

A-1

EXHIBIT B

An organizational chart showing the relationship of each EWG to associate companies in the holding company system.

B-1