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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 20, 2007
CENTERPOINT ENERGY, INC.
(Exact name of registrant as specified in its charter)
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Texas
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1-31447 |
74-0694415 |
(State or other jurisdiction
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(Commission File Number) |
(IRS Employer |
of incorporation)
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Identification No.) |
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1111 Louisiana |
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Houston, Texas
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77002 |
(Address of principal executive offices)
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(Zip Code) |
Registrants telephone number, including area code: (713) 207-1111
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
(Exact name of registrant as specified in its charter)
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Texas
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1-3187 |
22-3865106 |
(State or other jurisdiction
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(Commission File Number) |
(IRS Employer |
of incorporation)
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Identification No.) |
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1111 Louisiana |
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Houston, Texas
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77002 |
(Address of principal executive offices)
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(Zip Code) |
Registrants telephone number, including area code: (713) 207-1111
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 (see General
Instruction A.2. below):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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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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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR 240.13e-4(c)) |
ITEM 8.01. OTHER EVENTS.
On December 20, 2007, the Texas 3rd Court of Appeals in Austin, Texas, issued its decision in
the appeal of the true-up order issued by the Public Utility Commission of Texas (Commission) to
CenterPoint Energy, Inc.s (the Companys) transmission and distribution subsidiary, CenterPoint
Energy Houston Electric, LLC (CEHE). The Court of Appeals opinion is attached as Exhibit 99.1.
In its opinion, the Court of Appeals reversed portions of an earlier decision by an Austin
district court that would have allowed CEHE to recover certain costs related to the capacity
auction true-up aspect of CEHEs 2004 stranded cost true-up filing. In addition, the Court of
Appeals reversed the Commissions true-up order to the extent it allowed CEHE to recover certain
excess mitigation credits that CEHE had been required to pay to Reliant Energy, Inc. (Reliant), but
it did uphold a ruling by the district court that CEHE is entitled to the interest component of
excess mitigation credits paid to retail electric providers other than Reliant. In response to a
request from the Commission, the Court of Appeals ordered that the Commissions decision on tax
normalization be remanded for further consideration. In all other respects, the Court of Appeals
affirmed the Texas Utility Commissions true-up order, as modified by the district courts earlier
ruling. When compared to the Commissions final true-up order, the Court of Appeals decision has
the effect of reversing the Commissions decision (1) to disallow recovery of the $73 million
interest component of the excess mitigation credits paid by CenterPoint to retail energy providers
other than Reliant; (2) to disallow recovery of $146 million in excess deferred federal income
taxes and investment tax credits; (3) and to allow recovery of $278 million in excess mitigation
credits paid to Reliant. Additionally, appropriate interest would be applicable to these amounts.
Although the Court of Appeals decision remands these issues, CEHE and the Company will seek further
review of the true-up order from the Texas Supreme Court.
ITEM 9.01. EXHIBITS AND FINANCIAL STATEMENTS.
(d) Exhibits.
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99.1
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Opinion of the Texas 3rd Court of Appeals. |
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.
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CENTERPOINT ENERGY, INC. |
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Date: December 20, 2007
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By: |
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/s/ Rufus S. Scott |
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Rufus S. Scott
Vice President and Deputy General Counsel |
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.
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CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC |
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Date: December 20, 2007
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By: |
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/s/ Rufus S. Scott |
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Rufus S. Scott
Vice President and Deputy General Counsel |
EXHIBIT INDEX
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99.1
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-
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Opinion of the Texas 3rd Court of Appeals. |