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) December 28, 2005
WESTAR ENERGY, INC.
(Exact name of registrant as specified in its charter)
| | | | |
| KANSAS | | 1-3523 | | 48-0290150 |
(State or other jurisdiction of incorporation or organization) | | (Commission File Number) | | (IRS Employer Identification No.) |
| | |
| 818 South Kansas Avenue, Topeka, Kansas | | 66612 |
| (Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code (785) 575-6300
Not Applicable
(Former name or former address, if changed since last report)
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-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | 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 Disclosure
Item 7.01 - Regulation FD Disclosure
On December 28, 2005, the Kansas Corporation Commission issued an order that left the rates of Westar Energy, Inc. and Kansas Gas and Electric Company, a wholly owned subsidiary of Westar Energy, nearly unchanged. On May 2, 2005, Westar Energy and Kansas Gas and Electric Company filed a joint application with the Kansas Corporation Commission to propose changes to their electric rates. Westar Energy sought an approximate 9 percent, or $47.8 million, increase in rates, and Kansas Gas and Electric Company sought an approximate 6 percent, or $36.3 million, increase in rates. The Kansas Corporation Commission’s action will increase Westar Energy’s rates by approximately $24.2 million and decrease Kansas Gas and Electric Company’s rates by approximately $21.2 million.
A copy of a press release and presentation that discuss the rate review are attached to this report and incorporated herein by this reference and are also available on our web site,http://www.wr.com.
Section 9. Financial Statements and Exhibits
Item 9.01. Financial Statements and Exhibits.
Exhibit 99.1 Press Release dated December 28, 2005
Exhibit 99.2 Summary of Rate Order dated December 30, 2005
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 combination of factors including, but not limited to, those factors described under the heading “Risk Factors” contained in the Company’s Quarterly Report on Form 10-Q for the period ended September 30, 2005 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.
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| | | Westar Energy, Inc. |
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| Date: December 29, 2005 | | By: | | /s/ Mark A. Ruelle
|
| | | Name: | | Mark A. Ruelle |
| | | Title: | | Executive Vice President and Chief Financial Officer |
EXHIBIT INDEX
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Exhibit Number
| | Description of Exhibit
|
| Exhibit 99.1 | | Press Release dated December 28, 2005 |
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| Exhibit 99.2 | | Summary of Rate Order dated December 30, 2005 |
