-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, IzFAONxJ/jZz4fpINKsmgzjEyf0jEaBlNQPj1aSltqhQu8AdgQbZ9rPMF25myXet hLdWPCOlLfaXFBCNLFtUMw== /in/edgar/work/20000907/0000902664-00-000588/0000902664-00-000588.txt : 20000922 0000902664-00-000588.hdr.sgml : 20000922 ACCESSION NUMBER: 0000902664-00-000588 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20000907 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: FUELCELL ENERGY INC CENTRAL INDEX KEY: 0000886128 STANDARD INDUSTRIAL CLASSIFICATION: [3690 ] IRS NUMBER: 060853042 STATE OF INCORPORATION: DE FISCAL YEAR END: 1031 FILING VALUES: FORM TYPE: SC 13G SEC ACT: SEC FILE NUMBER: 005-42494 FILM NUMBER: 718464 BUSINESS ADDRESS: STREET 1: 3 GREAT PASTURE RD CITY: DANBURY STATE: CT ZIP: 06813 BUSINESS PHONE: 2038256000 MAIL ADDRESS: STREET 1: 3 GREAT PASTURE ROAD CITY: DANBURY STATE: CT ZIP: 06813 FORMER COMPANY: FORMER CONFORMED NAME: ENERGY RESEARCH CORP /NY/ DATE OF NAME CHANGE: 19930328 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: BALLENTINE CAPITAL MANAGEMENT INC CENTRAL INDEX KEY: 0000860487 STANDARD INDUSTRIAL CLASSIFICATION: [ ] IRS NUMBER: 061271680 STATE OF INCORPORATION: CT FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 10 AVON MEADOW LN P O BOX 695 CITY: AVON STATE: CT ZIP: 06001 BUSINESS PHONE: 8606761830 MAIL ADDRESS: STREET 1: 10 AVON MEADOW LANE CITY: AVON STATE: CT ZIP: 06001 SC 13G 1 0001.txt SECURITIES & EXCHANGE COMMISSION Washington, D.C. 20549 --------------------- SCHEDULE 13G* (Rule 13d-102) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULES 13d-1(b), (c) AND (d) AND AMENDMENTS THERETO FILED PURSUANT TO 13d-2(b) FuelCell Energy, Inc. (Name of Issuer) Common Stock (Title of Class of Securities) 35952H106 (CUSIP Number) August 28, 2000 (Date of event which requires filing of this statement) Check the appropriate box to designate the rule pursuant to which this Schedule 13G is filed: [ ] Rule 13d-1(b) [X] Rule 13d-1(c) [ ] Rule 13d-1(d) (Page 1 of 6 Pages) - --------------------- *The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page. The information required in the remainder of this cover page shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). CUSIP No. 35952H106 13G Page 3 of 6 Pages Item 1(a). Name of Issuer: The name of the issuer is FuelCell Energy, Inc. (the "Company"). Item 1(b). Address of Issuer's Principal Executive Offices: The Company's principal executive offices are located at . 3 Great Pasture Road, Danbury, Connecticut 06813 Item 2(a). Name of Person Filing: This statement is filed by: Ballentine Capital Management, Inc., a corporation organized under the laws of the State of Connecticut("Ballentine"), which serves as investment adviser to certain managed accounts, with respect to the shares of Common Stock directly owned by such managed accounts. Item 2(b). Address of Principal Business Office or, if None, Residence: 10 Avon Meadow Lane, Avon, CT 06001 Item 2(c). Citizenship: Ballentine is a corporation organized under the laws of the State of Connecticut. Item 2(d). Title of Class of Securities: Common Stock, $.0001 par value (the "Common Stock"). CUSIP No. 35952H106 13G Page 4 of 6 Pages Item 2(e). CUSIP Number: 35952H106 Item 3. If this statement is filed pursuant to Rules 13d-1(b) or 13d-2(b) or (c), check whether the person filing is a: (a) [ ] Broker or dealer registered under Section 15 of the Act, (b) [ ] Bank as defined in Section 3(a)(6) of the Act, (c) [ ] Insurance Company as defined in Section 3(a)(19) of the Act, (d) [ ] Investment Company registered under Section 8 of the Investment Company Act of 1940, (e) [ ] Investment Adviser in accordance with Rule 13d-1 (b)(1)(ii)(E), (f) [ ] Employee Benefit Plan or Endowment Fund in accordance with 13d-1 (b)(1)(ii)(F), (g) [ ] Parent Holding Company or control person in accordance with Rule 13d-1 (b)(1)(ii)(G), (h) [ ] Savings Association as defined in Section 3(b) of the Federal Deposit Insurance Act, (i) [ ] Church Plan that is excluded from the definition of an investment company under Section 3(c)(14) of the Investment Company Act of 1940, (j) [ ] Group, in accordance with Rule 13d-1(b)(1)(ii)(J). If this statement is filed pursuant to 13d-1(c), check this box: [x] Item 4. Ownership. I. Ballentine Capital Management, Inc. (a) Amount beneficially owned: 431,700 (b) Percent of class: 5.62%. The percentages used herein and in the rest of Item 4 are calculated based upon the 7,684,731 shares of Common Stock outstanding as of June 12, 2000 as reflected in the Company's Form 10-Q for the period ending April 30, 2000. (c)(i) Sole power to vote or direct the vote: 431,700 (ii) Shared power to vote or direct the vote: -0- (iii) Sole power to dispose or direct the disposition: 431,700 (iv) Shared power to dispose or direct the disposition: -0- CUSIP No. 35952H106 13G Page 5 of 6 Pages Item 5. Ownership of Five Percent or Less of a Class. Not Applicable Item 6. Ownership of More than Five Percent on Behalf of Another Person. Each of the clients of Ballentine has the power to direct the receipt of dividends from, and the proceeds from the sale of, the shares of Common Stock. Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company. Not Applicable Item 8. Identification and Classification of Members of the Group. Not Applicable Item 9. Notice of Dissolution of Group. Not Applicable Item 10. Certification. Each of the Reporting Persons hereby makes the following certification: By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect. CUSIP No. 35952H106 13G Page 6 of 6 Pages SIGNATURES After reasonable inquiry and to the best of our knowledge and belief, the undersigned certify that the information set forth in this statement is true, complete and correct. DATED: September 7, 2000 ---- /s/Steven Ballentine, President and CEO of Ballentine Capital Management, Inc. -----END PRIVACY-ENHANCED MESSAGE-----