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 23, 2004
| | | | |
| | Registrant, State of Incorporation, Address of | | |
Commission File | | Principal Executive Offices and Telephone | | I.R.S. employer |
Number
| | Number
| | Identification Number
|
1-8788 | | SIERRA PACIFIC RESOURCES | | 88-0198358 |
| | Nevada | | |
| | P.O. Box 10100 (6100 Neil Road) | | |
| | Reno, Nevada 89520-0400 (89511) | | |
| | (775) 834-4011 | | |
| | | | |
2-28348 | | NEVADA POWER COMPANY | | 88-0420104 |
| | Nevada | | |
| | 6226 West Sahara Avenue | | |
| | Las Vegas, Nevada 89146 | | |
| | (702) 367-5000 | | |
| | | | |
0-508 | | SIERRA PACIFIC POWER COMPANY | | 88-0044418 |
| | Nevada | | |
| | P.O. Box 10100 (6100 Neil Road) | | |
| | Reno, Nevada 89520-0400 (89511) | | |
| | (775) 834-4011 | | |
None
(Former name, former address and former fiscal year, 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:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12(b) under the Exchange Act (17 CFR 240.14a-12(b))
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
TABLE OF CONTENTS
Section 8—Other Events
Item 8.01 Other Events
As previously disclosed, on October 10, 2004, a decision was handed down by the U.S. District Court of the Southern District of New York (the “District Court”) in the appeal by Nevada Power Company (“NPC”) and Sierra Pacific Power Company (“SPPC”) from the judgment (the “Judgment”) entered by the Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) against NPC and SPPC in favor of Enron Power Marketing, Inc. (“Enron”), for damages based on Enron’s claim for breach of its power supply agreements with NPC and SPPC. The District Court’s October 10th decision vacated the Judgment and remanded the matter to the Bankruptcy Court for fact-finding on several issues. Subsequently, NPC and SPPC filed a motion seeking clarification of the District Court’s rulings with respect to certain of NPC’s and SPPC’s claims.
On December 23, 2004, the District Court handed down a decision in response to NPC and SPPC’s motion seeking clarification. In its opinion, the District Court:
• | | affirmed the Bankruptcy Court’s holding that the filed rate doctrine (which generally provides that a rate approved by a governing agency should not be renegotiated in federal courts) bars consideration of filed rate-related issues; |
• | | affirmed the Bankruptcy Court’s holding that NPC and SPPC, by failing to rescind their contracts with Enron immediately upon discovering fraud in 2001, ratified those contracts and waived their opportunity to rescind them; |
• | | held that pre-judgment interest should have been calculated at the present value rate, rather than at the rate of 1% per month used by the Bankruptcy Court. Pre-judgment interest calculated at the present value rate is approximately $40 million (pre-tax) less than was determined using the rate of 1% per month. |
• | | affirmed the finding that the case is a core bankruptcy matter and, therefore, that the Bankruptcy Court’s jurisdiction is proper. |
Management is currently evaluating the current District Court decision, including the financial effect of the revision in the calculation of pre-judgment interest. A copy of the District Court’s December 23, 2004 decision is attached as Exhibit 99.1 hereto.
Section 9—Financial Statements and Exhibits
Item 9.01 Financial Statements and Exhibits
(c) Exhibits.
| | |
Exhibit Number
| | Description of Exhibit
|
99.1 | | December 23, 2004, U.S. District Court for the Southern District of New York Opinion |
Signatures
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrants have each duly caused this report to be signed on their behalf by the undersigned, thereunto duly authorized.
| | | | |
| Sierra Pacific Resources
(Registrant) | |
Date: December 28, 2004 | By: | /s/ John E. Brown | |
| | John E. Brown | |
| | Controller | |
|
| | | | |
| Nevada Power Company
(Registrant) | |
Date: December 28, 2004 | By: | /s/ John E. Brown | |
| | John E. Brown | |
| | Controller | |
|
| | | | |
| Sierra Pacific Power Company
(Registrant) | |
Date: December 28, 2004 | By: | /s/ John E. Brown | |
| | John E. Brown | |
| | Controller | |
|