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):
January 27, 2004
Commission | Registrant; State of Incorporation | IRS Employer |
File Number | Address; and Telephone Number | Identification No. |
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001-09057 | WISCONSIN ENERGY CORPORATION | 39-1391525 |
| | (A Wisconsin Corporation) | |
| | 231 West Michigan Street | |
| | P.O. Box 2949 | |
| | Milwaukee, WI 53201 | |
| | (414) 221-2345 | |
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001-01245 | WISCONSIN ELECTRIC POWER COMPANY | 39-0476280 |
| | (A Wisconsin Corporation) | |
| | 231 West Michigan Street | |
| | P.O. Box 2046 | |
| | Milwaukee, WI 53201 | |
| | (414) 221-2345 | |
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WISCONSIN ENERGY CORPORATION
WISCONSIN ELECTRIC POWER COMPANY
ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE.
As previously reported, in March 2003, an individual who participated in the proceedings before the Public Service Commission of Wisconsin ("PSCW") to obtain a Certificate of Public Convenience and Necessity ("CPCN") in connection with the construction of the Port Washington power plant filed a petition for review with the Dane County Circuit Court requesting the Court to reverse and remand in its entirety the PSCW's order granting the CPCN. On January 27, 2004, the Dane County Circuit Court issued a decision which returned to the PSCW for further consideration its decision authorizing construction of the Port Washington power plant. Pursuant to the Court's decision, the PSCW must provide a further explanation of why additional environmental information was not developed in the PSCW's decision to grant the CPCN. The Court determined that the PSCW did not sufficiently justify its decision to perform only an Environmental Assessment, rather than a more comprehensive Environment al Impact Statement. The Court did not issue an injunction or otherwise stop construction of the power plant.
The PSCW must decide whether to appeal the Court's decision or respond to the Court with additional explanation of its reasoning for not preparing an Environmental Impact Statement. This decision is expected shortly. Without additional information, Wisconsin Energy Corporation and Wisconsin Electric Power Company are unable to determine the impact, if any, that may result from the Court's decision.
SIGNATURES |
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Pursuant to the requirements of the Securities Exchange Act of 1934, each of the registrants has |
duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. |
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| | WISCONSIN ENERGY CORPORATION |
| | (Registrant) |
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| | /s/ STEPHEN P. DICKSON |
Date: January 29, 2004 | Stephen P. Dickson -- Controller and |
| | Principal Accounting Officer |
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| | WISCONSIN ELECTRIC POWER COMPANY |
| | (Registrant) |
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| | /s/ STEPHEN P. DICKSON |
Date: January 29, 2004 | Stephen P. Dickson -- Controller and |
| | Principal Accounting Officer |
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