SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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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): December 19, 2001
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Commission | Exact name of Registrant as specified in its charter, | IRS Employer |
1-14766 | Energy East Corporation | 14-1798693 |
1-3103-2 | New York State Electric & Gas Corporation | 15-0398550 |
Not Applicable
(Former name or former address, if changed since last report.)
Item 5. Other Events
(See report on Form 10-Q for Energy East and NYSEG for quarter ended September 30, 2001, Item 2(a) Liquidity and Capital Resources, NYSEG Electric Rate Agreement.)
NYSEG Electric Rate and Restructuring Agreement
NYSEG's five-year rate plan under its electric rate and restructuring agreement was approved by the New York State Public Service Commission (NYPSC) in January 1998 and extends to March 2003. At the NYPSC's open session on December 19, 2001, the NYPSC voted to approve a temporary electric rate decrease of $205 million and directed NYSEG to file tariffs for new temporary rates to take effect in late January. Temporary rates would remain in effect until the NYPSC determined the appropriate level of permanent rates.
NYSEG believes that the NYPSC's action is unlawful and that it violates the five-year rate plan under the electric rate and restructuring agreement. The company will take whatever steps are necessary to appeal the NYPSC's action. If implemented, the NYPSC's temporary rate reduction would materially affect NYSEG's earnings and cash flow because it would accelerate a rate reduction previously expected to occur at the end of the rate plan in March 2003. The company intends to continue to work with the NYPSC's staff and other parties to reach a negotiated settlement on NYSEG's revised long-term electric rate plan filed on August 3, 2001.
New York State Energy Taxes
New York State legislation in 2000 included major changes to the taxation of electric and natural gas companies. Those changes included, among others, the repeal of certain gross receipts taxes and the imposition of a net income tax effective January 1, 2000. On June 28, 2001, the NYPSC issued an order concerning the ratemaking treatment related to the implementation of those tax changes, placing certain limits on the recovery of such taxes. NYSEG had previously deferred the excess tax created by the early imposition of the income tax before the repeal of the gross receipts taxes. Subsequently, NYSEG was directed to refund to electric customers approximately $13 million, beginning January 1, 2002, representing the alleged over-collection of state taxes during calendar year 2000. If NYSEG is not successful in resolving this matter as a part of its negotiation of a long-term electric rate plan or through other means, its earnings may be reduced by up to $24 million. NYSEG will take whatever steps are n ecessary to oppose these disallowed costs and inappropriate refunds.
Forward-looking Statements
This Form 8-K contains certain forward-looking statements that are based upon management's current expectations and information that is currently available. The Private Securities Litigation Reform Act of 1995 provides a safe harbor for forward-looking statements in certain circumstances. Whenever used in this report, the words "estimate," "expect," "believe," or similar expressions are intended to identify such forward-looking statements.
In addition to the assumptions and other factors referred to specifically in connection with such statements, factors that could cause actual results to differ materially from those contemplated in any forward-looking statements include, among others: the deregulation and continued regulatory unbundling of a vertically integrated industry; the companies' ability to compete in the rapidly changing and increasingly competitive electricity and natural gas utility markets; regulatory uncertainty in a politically-charged environment of rising energy prices; the operation of the New York Independent System Operator (NYISO) and ISO New England, Inc.; the operation of a regional transmission organization; the ability to control non-utility generator and other costs; changes in fuel supply or cost and the success of strategies to satisfy power requirements now that all of Energy East's coal-fired generation assets have been sold; Energy East's ability to expand its products and services, including its energy infra structure in the Northeast; Energy East's ability to integrate the operations of Connecticut Energy, CMP Group, CTG Resources, Berkshire Energy and RGS Energy with its operations; market risk; the ability to obtain adequate and timely rate relief; nuclear or environmental incidents; legal or administrative proceedings; changes in the cost or availability of capital; growth in the areas in which the companies are doing business; weather variations affecting customer energy usage; and other considerations that may be disclosed from time to time in the companies' publicly disseminated documents and filings. The companies undertake no obligation to publicly update any forward-looking statements, whether as a result of new information, future events or otherwise.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, each registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
Date: December 21, 2001 | ENERGY EAST CORPORATION
By /s/ Kenneth M. Jasinski
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Date: December 21, 2001 | NEW YORK STATE ELECTRIC & GAS CORPORATION
By /s/ Sherwood J. Rafferty |