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): AUGUST 14, 2002
SITHE/INDEPENDENCE FUNDING CORPORATION
(Exact Name of Registrant as Specified in Charter)
DELAWARE 33-59960 13-3677475
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(State or Other Jurisdiction of (Commission (I.R.S. Employer
Incorporation) File Number) Identification No.)
335 MADISON AVENUE
NEW YORK, NY 10017
(Address of Principal Executive Offices)
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(212) 351-0000
(Registrant's telephone number, including area code)
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SITHE/INDEPENDENCE POWER PARTNERS, L.P.
(Exact name of registrant as specified in its charter)
DELAWARE 33-59960 33-0468704
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(State or Other Jurisdiction of (Commission (I.R.S. Employer
Incorporation) File Number) Identification No.)
335 MADISON AVENUE
NEW YORK, NY 10017
(Address of Principal Executive Offices)
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(212) 351-0000
(Registrant's telephone number, including area code)
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ITEM 9. REGULATION FD DISCLOSURE
On August 14, 2002, Sithe/Independence Funding Corporation (the
"Company") and its parent, Sithe/Independence Power Partners, L.P. (together
with the Company, the "Registrant") filed its Quarterly Report on Form 10-Q for
the quarterly period ended June 30, 2002 (the "Form 10-Q") with the Securities
and Exchange Commission (the "SEC".) In connection with the filing of Form 10-Q,
the Registrant has provided to the SEC the certifications below, as required by
18 U.S.C. ss. 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002.
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
Pursuant to 18 U.S.C. ss. 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Sithe/Independence
Funding Corporation (the "Company") and Sithe/Independence LLC (formerly
Sithe/Independence, Inc.), the general partner of Sithe/Independence Power
Partners, L.P. (the "Partnership") hereby certifies that to such officer's
knowledge:
(i) the accompanying Quarterly Report on Form 10-Q of the Company and
the Partnership for the quarterly period ended June 30, 2002 (the "Report")
fully complies with the requirements of Section 13(a) or Section 15(d), as
applicable, of the Securities Exchange Act of 1934, as amended; and
(ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company and the Partnership.
Dated: August 14, 2002 /S/ WILLIAM KRIEGEL
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William Kriegel
Chief Executive Officer
The foregoing certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. ss. 1350, and is not being filed for purposes of Section
18 of the Securities Exchange Act of 1934, as amended, and is not to be
incorporated by reference into any filing of the Company or the Partnership,
whether made before or after the date hereof, regardless of any general
incorporation language in such filing.
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CERTIFICATION OF CHIEF FINANCIAL OFFICER
Pursuant to 18 U.S.C. ss. 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Sithe/Independence
Funding Corporation (the "Company") and Sithe/Independence LLC (formerly
Sithe/Independence, Inc.), the general partner of Sithe/Independence Power
Partners, L.P. (the "Partnership") hereby certifies that to such officer's
knowledge:
(i) the accompanying Report on Form 10-Q of the Company and the
Partnership fully complies with the requirements of Section 13(a) or
Section 15(d), as applicable, of the Securities Exchange Act of 1934, as
amended; and
(ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company and the Partnership.
Dated: August 14, 2002 /s/ THOMAS M. BOEHLERT
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Thomas M. Boehlert
Senior Vice President and
Chief Financial Officer
The foregoing certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. ss. 1350, and is not being filed for purposes of Section
18 of the Securities Exchange Act of 1934, as amended, and is not to be
incorporated by reference into any filing of the Company or the Partnership,
whether made before or after the date hereof, regardless of any general
incorporation language in such filing.
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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 thereunto duly authorized.
SITHE/INDEPENDENCE FUNDING CORPORATION
(REGISTRANT)
August 14, 2002 /S/ THOMAS M. BOEHLERT
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NAME: THOMAS M. BOEHLERT
TITLE: SENIOR VICE PRESIDENT AND
CHIEF FINANCIAL OFFICER
Pursuant to the requirements of the Securities Exchange Act of 1934,
the co-registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.
SITHE/INDEPENDENCE POWER PARTNERS, L.P.
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(CO-REGISTRANT)
By: Sithe/Independence LLC
GENERAL PARTNER
August 14, 2002 /S/ THOMAS M. BOEHLERT
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NAME: THOMAS M. BOEHLERT
TITLE: SENIOR VICE PRESIDENT AND
CHIEF FINANCIAL OFFICER
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