UNITED
STATES
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) – August 29, 2008 (August 4,
2008)
ALLETE,
Inc.
(Exact
name of registrant as specified in its charter)
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Minnesota
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1-3548
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41-0418150
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(State
or other jurisdiction of
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(Commission
File Number)
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(IRS
Employer
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incorporation
or organization)
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Identification
No.)
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30
West Superior Street
Duluth,
Minnesota 55802-2093
(Address
of principal executive offices, including zip code)
(218)
279-5000
(Registrant’s
telephone number, including area code)
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:
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¨
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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¨
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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¨
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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¨
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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SECTION
8 – OTHER EVENTS
Item
8.01 Other Events
On August
8, 2008, Minnesota Power received a Notice of Violation (NOV) from the United
States Environmental Protection Agency (EPA) asserting violations of the New
Source Review (NSR) requirements of the Clean Air Act at the Boswell Energy
Center Units 1-4 and Laskin Energy Center. The NOV also asserts that the Boswell
Energy Center Unit 4 Title V permit was violated. The NOV asserts that seven (7)
projects undertaken at these coal-fired plants between 1981-2000 should have
been reviewed under the NSR requirement. Minnesota Power believes the projects
were in full compliance with the Clean Air Act and NSR requirement.
The EPA
has been conducting a nation-wide enforcement initiative since 1999 relating to
NSR requirements. In 2000, 2001, and 2002 Minnesota Power received requests from
the EPA for information pursuant to Section 114(a) of the Clean Air Act seeking
information regarding capital expenditures with respect to the Boswell and
Laskin Energy Centers. Minnesota Power responded to these requests; however, we
have had no further communications from the EPA regarding the information
provided until receipt of the NOV.
We will
engage in discussions with the EPA regarding resolution of these matters, but we
are unable to predict the outcome of these discussions. Since 2006, Minnesota
Power has significantly reduced and continues to reduce emissions at the Boswell
and Laskin Energy Centers. The resolution could result in civil penalties and
the installation of control technology, some of which is already planned or
completed for other regulatory requirements. Any costs of installing pollution
control technology would likely be eligible for recovery in rates over time
subject to Minnesota Public Utilities Commission and Federal Energy Regulatory
Commission approval in a rate proceeding. We are unable to predict the ultimate
financial impact or the resolution of these matters at this time, but no impact
on our earnings guidance for 2008 is expected.
Readers
are cautioned that forward-looking statements should be read in conjunction with
ALLETE’s disclosures under the heading: “SAFE HARBOR STATEMENT UNDER THE PRIVATE
SECURITIES LITIGATION REFORM ACT OF 1995” located on page 3 of this Form
8-K.
ALLETE, Inc. Form 8-K Minnesota Power NOV August 29, 2008
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Safe
Harbor Statement
Under
the Private Securities Litigation Reform Act of 1995
In
connection with the safe harbor provisions of the Private Securities Litigation
Reform Act of 1995, we are hereby filing cautionary statements identifying
important factors that could cause our actual results to differ materially from
those projected in forward-looking statements (as such term is defined in the
Private Securities Litigation Reform Act of 1995) made by or on behalf of ALLETE
in this Current Report on Form 8-K, in presentations, in response to questions
or otherwise. Any statements that express, or involve discussions as to
expectations, beliefs, plans, objectives, assumptions, or future events or
performance (often, but not always, through the use of words or phrases such as
“anticipates,” “believes,” “estimates,” “expects,” “intends,” “plans,”
“projects,” “will likely result,” “will continue,” “could,” “may,” “potential,”
“target,” “outlook” or similar expressions) are not statements of historical
facts and may be forward-looking.
Forward-looking
statements involve estimates, assumptions, risks and uncertainties, which are
beyond our control and may cause actual results or outcomes to differ materially
from those that may be projected. These statements are qualified in their
entirety by reference to, and are accompanied by, the following important
factors, in addition to any assumptions and other factors referred to
specifically:
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·
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our
ability to successfully implement our strategic
objectives;
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our
ability to manage expansion and integrate acquisitions;
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prevailing
governmental policies, regulatory actions, and legislation including those
of the United States Congress, state legislatures, the FERC, the MPUC, the
PSCW, and various local and county regulators, and city administrators,
about allowed rates of return, financings, industry and rate structure,
acquisition and disposal of assets and facilities, real estate
development, operation and construction of plant facilities, recovery of
purchased power and capital investments, present or prospective wholesale
and retail competition (including but not limited to transmission costs),
zoning and permitting of land held for resale and environmental
regulation;
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·
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effects
of restructuring initiatives in the electric industry;
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·
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economic
and geographic factors, including political and economic
risks;
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·
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changes
in and compliance with laws and policies;
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weather
conditions;
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natural
disasters and pandemic diseases;
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war
and acts of terrorism;
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·
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wholesale
power market conditions;
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·
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population
growth rates and demographic patterns;
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effects
of competition, including competition for retail and wholesale
customers;
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changes
in the real estate market;
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pricing
and transportation of commodities;
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changes
in tax rates or policies or in rates of inflation;
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unanticipated
project delays or changes in project costs;
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availability
of construction materials and skilled construction labor for capital
projects;
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unanticipated
changes in operating expenses and capital expenditures;
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global
and domestic economic conditions;
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our
ability to access capital markets and bank financing;
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changes
in interest rates and the performance of the financial
markets;
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our
ability to replace a mature workforce and retain qualified, skilled and
experienced personnel; and
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the
outcome of legal and administrative proceedings (whether civil or
criminal) and settlements that affect the business and profitability of
ALLETE.
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Additional
disclosures regarding factors that could cause our results and performance to
differ from results or performance anticipated by this report are discussed in
Item 1A under the heading “Risk Factors” in Part I of our 2007 Form 10-K.
Any forward-looking statement speaks only as of the date on which such statement
is made, and we undertake no obligation to update any forward-looking statement
to reflect events or circumstances after the date on which that statement is
made or to reflect the occurrence of unanticipated events. New factors emerge
from time to time, and it is not possible for management to predict all of these
factors, nor can it assess the impact of each of these factors on the businesses
of ALLETE or the extent to which any factor, or combination of factors, may
cause actual results to differ materially from those contained in any
forward-looking statement. Readers are urged to carefully review and consider
the various disclosures made by us in this Form 8-K and in our other reports
filed with the SEC that attempt to advise interested parties of the factors that
may affect our business.
ALLETE, Inc. Form 8-K Minnesota Power NOV August 29,
2008
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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.
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ALLETE,
Inc.
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August
29, 2008
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/s/
Steven Q. DeVinck
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Steven
Q. DeVinck
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Controller
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ALLETE, Inc. Form 8-K Minnesota Power NOV August 29, 2008
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