-----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, TimZxtVW/Bup9UPnxAbPFzWmqKj4MgX5Hb58mWNjLLsOfYgyNAv/X6ZtDx6ZVg9j juaX0XVDS+l+AWwz3quY3g== 0000032689-00-000033.txt : 20001211 0000032689-00-000033.hdr.sgml : 20001211 ACCESSION NUMBER: 0000032689-00-000033 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20001207 ITEM INFORMATION: FILED AS OF DATE: 20001208 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EMPIRE DISTRICT ELECTRIC CO CENTRAL INDEX KEY: 0000032689 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 440236370 STATE OF INCORPORATION: KS FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-03368 FILM NUMBER: 785257 BUSINESS ADDRESS: STREET 1: 602 JOPLIN ST CITY: JOPLIN STATE: MO ZIP: 64801 BUSINESS PHONE: 4176255100 MAIL ADDRESS: STREET 1: P.O. BOX 127 CITY: JOPLIN STATE: MO ZIP: 64802 8-K 1 0001.txt 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 7, 2000 THE EMPIRE DISTRICT ELECTRIC COMPANY (Exact name of registrant as specified in charter) Kansas (State or other jurisdiction of incorporation) 1-3368 44-0236370 (Commission File Number) (IRS Employer Identification Number) 602 Joplin Street, Joplin, Missouri 64801 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (417) 625-5100 Not applicable (Former name or former address, if changed since last report) Item 5 Other Events Attached hereto as Exhibit 99 is a press release issued by the Company on December 7, 2000 concerning an order from the Administrative Law Judge of the Arkansas Public Service Commission relating to Empire's proposed merger with UtiliCorp United Inc. SIGNATURE 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 hereunto duly authorized. THE EMPIRE DISTRICT ELECTRIC COMPANY By /s/ R. B. Fancher Name: R. B. Fancher Title: Vice President - Finance Dated: December 7, 2000 Exhibit Index Exhibit Number Description 99 Press Release dated December 7, 2000 concerning an order from the Administrative Law Judge of the Arkansas Public Service Commission relating to Empire's proposed merger with UtiliCorp United Inc. EX-99 2 0002.txt -1- JOPLIN, MO, December 7, 2000 - (NYSE:EDE) On Monday, December 4, 2000, The Empire District Electric Company received an order from the Administrative Law Judge ("ALJ") of the Arkansas Public Service Commission relating to Empire's proposed merger with UtiliCorp United Inc. The ALJ ruled that Empire and UtiliCorp's proposed regulatory plan should not be approved. In addition, the ALJ stated that he was unable to separate the application for approval of the merger and the proposed regulatory plan and he therefore could not conclude that the merger was consistent with the public interest, the standard for merger approval in Arkansas. Empire and UtiliCorp jointly plan to file an objection to the ALJ's decision. The consummation of the merger is conditioned upon the receipt of all required regulatory approvals, including the approval of the Arkansas Public Service Commission and the public utility regulatory commissions in Missouri, Kansas and Oklahoma, which are also pending, and upon such approvals becoming final orders. All other regulatory approvals have been obtained and have become final orders. The merger agreement provides that either Empire or UtiliCorp may (but is not required to) terminate the merger agreement if the Effective Time of the merger has not occurred by December 31, 2000. It is no longer possible for all of the required regulatory approvals to be obtained and become final orders by December 31, 2000, and as a result it is no longer possible for the Effective Time of the merger to occur by that date. -----END PRIVACY-ENHANCED MESSAGE-----