SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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) April 27, 2017
VECTREN CORPORATION
(Exact name of registrant as specified in its charter)
 | ||
Commission File No. | Registrant, State of Incorporation, Address, and Telephone Number | I.R.S Employer Identification No. |
| 1-15467 | Vectren Corporation | 35-2086905 |
| (An Indiana Corporation) | ||
| One Vectren Square, | ||
| Evansville, Indiana 47708 | ||
| (812) 491-4000 | ||
| 1-16739 | Vectren Utility Holdings, Inc. | 35-2104850 |
| (An Indiana Corporation) | ||
| One Vectren Square, | ||
| Evansville, Indiana 47708 | ||
| (812) 491-4000 | ||
Former name or address, if changed since last report:
N/A
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:
| r | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| r | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| r | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| r | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Item 8.01. Other Events
On April 27, 2017, the Indiana Court of Appeals denied the Company's appeal of its March 2016 Order (Order) from the Indiana Utility Regulatory Commission (IURC), specifically as it related to the recovery of approximately $80 million of projects as part of the Company’s seven-year capital infrastructure replacement and improvement plan (the Plan). The Plan was originally approved in 2014 and in the Order, the IURC re-approved approximately $890 million of the Company’s gas infrastructure modernization projects. While the vast majority of the proposed capital spend has been approved as proposed, approximately $80 million of projects were not approved for recovery through the mechanisms pursuant to these filings. Specifically, the largest project the Company proposed to add to the Plan consisted of a 20-mile transmission line and other related investments required to support industrial customer growth and ongoing system reliability in the Lafayette, Indiana area, as well as allows the Company to further diversify its gas supply portfolio via access to shale gas in the Marcellus and Utica reserves. The project, totaling approximately $65 million, was excluded for recovery under the Plan in the Order. The IURC stated because the project was not in the original plan filed in 2013, it does not qualify for cost recovery under Senate Bill 560. In the Order, the IURC did pre-approve the project for rate base inclusion upon the filing of the next base rate case. The Company is evaluating its options related to the Court’s finding concerning the Plan update issue, but as noted herein, the project was previously approved by the IURC for recovery in the Company's next base rate case. Further, the Company does not expect similar issues related to updating future plan filings as the project inclusion process is now better understood by all parties.
In connection with the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995, Vectren Corporation (the Company) is hereby furnishing cautionary statements identifying important factors that could cause actual results of the Company and its subsidiaries, including Vectren Utility Holdings, Inc., to differ materially from those projected in forward-looking statements of the Company and its subsidiaries made by, or on behalf of, the Company and its subsidiaries. These cautionary statements are attached as Exhibit 99.1.
Item 9.01. Exhibits.
(d) Exhibits
Exhibit Number | Description | |
| 99.1 | Cautionary Statement for Purposes of the "Safe Harbor" Provisions of the Private Securities Litigation Reform Act of 1995 | |
SIGNATURES
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.
VECTREN CORPORATION VECTREN UTILITY HOLDINGS, INC. | |||
| April 28, 2017 | |||
| By: /s/ M. Susan Hardwick | |||
| M. Susan Hardwick | |||
Executive Vice President and Chief Financial Officer | |||
INDEX TO EXHIBITS
The following Exhibits are furnished as part of this Report to the extent described in Item 8.01:
Exhibit Number | Description | |
| 99.1 | Cautionary Statement for Purposes of the "Safe Harbor" Provisions of the Private Securities Litigation Reform Act of 1995 | |