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): March 27, 1995
THE EMPIRE DISTRICT ELECTRIC COMPANY
(Exact name of registrant as specified in charter)
Kansas
(State or other jurisdiction of incorporation)
1-3368 44-0236370
(Commission File Number) (IRS Employer Identification Number)
602 Joplin Street, Joplin, Missouri 64801
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (417) 625-5100
Not applicable
(Former name or former address, if changed since last report)
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Item 5.
Missouri Rate Increase Request
On March 17, 1995, the Company filed a request with the
Missouri Public Service Commission (the "MPSC") for an increase
in rates for its Missouri electric customers in the amount of
$8,543,910, or 5.3%, per year. It is not expected that any rate
increase which might be granted by the MPSC will become effective
before late 1995 or early 1996.
Ahlstrom Proceedings
As previously reported, the Company is currently involved in
proceedings relating to a complaint filed on August 1, 1994, by
Ahlstrom Development Corporation and Cottonwood Energy Partners,
L.P. (together, "Ahlstrom") with the MPSC, Case No. EC-95-28, and
the Kansas Corporation Commission (the "KCC"), Docket No. 191,205-
U, which assert that under the Public Utility Regulatory Policies
Act of 1978 (the "Act"), the Company must accept Ahlstrom's
proposal to sell power to the Company.
On January 16, 1995, the Company entered into an agreement
with Western Resources, Inc. for the purchase of capacity and
energy through May 31, 2010 (the "WRI Agreement"). The WRI
Agreement is subject, among other things, to the approval of the
Federal Energy Regulatory Commission ("FERC") and was filed with
FERC on February 15, 1995, FERC Docket No. ER 95-615-000. The
WRI Agreement also contains a provision which allows the Company
to terminate that agreement by written notice delivered by
January 1, 1996, to be effective May 31, 1996, if (i) either the
KCC or MPSC issues an order requiring the Company to accept the
Ahlstrom offer by virtue of its status as a qualifying facility
under the Act, or (ii) Ahlstrom meets the avoided cost of the
Company as reasonably determined by the Company.
The MPSC, the KCC and Ahlstrom have each intervened in the
FERC proceeding relating to the WRI Agreement. The KCC has
expressed concern over the potential for double commitment by the
Company if FERC approves the WRI Agreement and the KCC determines
after January 1, 1996 that the Company must purchase power from
Ahlstrom. The KCC has requested that FERC either stay its
decision on the WRI Agreement until it has reached a decision on
Ahlstrom's complaint, or require an amendment to the WRI
Agreement to eliminate the January 1, 1996 termination deadline.
Ahlstrom has asked FERC (1) to abstain from ruling on the
acceptability of the WRI Agreement until the MPSC has issued an
order in Ahlstrom's Missouri proceeding, or, at a minimum,
suspend the proposed rate schedule for the maximum five-month
period, (2) to refuse to approve the WRI Agreement or set it for
a full evidentiary hearing or (3) to approve the WRI Agreement
but declare that such approval neither determines the relative
merits of the WRI Agreement and the power purchase agreement
tendered by Ahlstrom to the Company nor reduces the authority of
the MPSC or the KCC to enforce the rights of Ahlstrom as a
qualifying facility under the Act.
The Company intends to intervene in the FERC proceeding in
support of the WRI Agreement.
The proceedings before the MPSC, the KCC and FERC are
pending.
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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 hereunto duly authorized.
THE EMPIRE DISTRICT ELECTRIC COMPANY
By
Name: V. E. Brill
Title: Vice President - Finance
Dated: March 27, 1995
