UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
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CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) September 5, 2007
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BLACK HILLS CORPORATION
(Exact name of registrant as specified in its charter)
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South Dakota | |||
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(State or other jurisdiction of incorporation) | |||
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001-31303 |
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46-0458824 | |
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(Commission File Number) |
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(IRS Employer Identification No.) | |
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625 Ninth Street, PO Box 1400 Rapid City, South Dakota (Address of principal executive offices) |
57709-1400 | ||
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(Zip Code) | |||
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605.721.1700 | |||
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(Registrant’s telephone number, including area code) | |||
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Not Applicable | |||
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(Former name or former address, if changed since last report) | |||
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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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Item 8.01 Other Events
On September 5, 2007, the Registrant issued a press release jointly with Aquila, Inc. announcing that the Iowa Utilities Board approved the proposed acquisition by the Registrant of Aquila’s natural gas utility assets and operations in the State of Iowa.
In April 2007, Aquila and the Registrant also filed the requisite state regulatory applications regarding the proposed transaction in Colorado, Kansas and Nebraska which are still pending.
The press release is attached as Exhibit 99 to this Form 8-K.
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Item 9.01 |
Financial Statements and Exhibits |
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(d) |
Exhibits |
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99 |
Press release dated September 5, 2007. | ||||
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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 hereunto duly authorized.
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BLACK HILLS CORPORATION |
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By: /s/ Mark T. Thies |
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Mark T. Thies |
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Executive Vice President |
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and Chief Financial Officer |
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Date: September 5, 2007 |
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Exhibit Index
Exhibit #
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99 |
Press release dated September 5, 2007. |
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Media Contacts:
Aquila
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Al Butkus |
(816) 467-3616 |
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Media Relations |
(816) 467-3000 |
Black Hills Corporation
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Barbara Zar |
(605) 721-2366 |
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Investor Relations: |
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Aquila |
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Jason Ketchum |
(816) 467-3274 | ||
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Toll-free |
(800) 487-6661 | ||
Black Hills Corporation
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Dale Jahr |
(605) 721-2326 |
IOWA REGULATORS APPROVE BLACK HILLS CORPORATION’S PURCHASE OF AQUILA’S IOWA PROPERTIES
RAPID CITY, SD AND KANSAS CITY, MO, September 5, 2007—Black Hills Corporation (NYSE: BKH) and Aquila, Inc. (NYSE: ILA) today announced that the Iowa Utilities Board (IUB) gave its approval to the proposed acquisition by Black Hills of Aquila natural gas utility assets and operations in the State of Iowa.
The IUB’s approval came after the companies and the state’s Office of the Consumer Advocate reached a settlement agreement. The agreement was filed with the commission on June 22, 2007 and was approved without conditions or modification. In addition to Iowa, Black Hills also has proposed acquiring the Aquila’s electric assets in Colorado and its natural gas assets in Colorado, Kansas and Nebraska. Black Hills and Aquila have filed for regulatory approval in those states.
David R. Emery, Chairman, President and CEO of Black Hills Corporation, said, “We are pleased to achieve this important milestone in the process to secure regulatory approval of this transaction. Through the settlement process, we received valuable input and cooperation from the Iowa Office of Consumer Advocate. Iowa regulations provided for the approval process to extend for several more months, if needed. We are grateful that the IUB was able to conduct its thorough review and reach a prompt decision to approve the transfer of Iowa gas utility assets to Black Hills. The Iowa Utilities Board approval recognizes that the public interests of ratepayers and communities in that state will be served by this acquisition. Black Hills looks forward to serving customers in Iowa, and will work diligently to complete the requirements for obtaining regulatory approval by the utility commissions in other states.”
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IOWA REGULATORS APPROVE BLACK HILLS CORPORATION’S PURCHASE OF AQUILA’S IOWA PROPERTIES |
ABOUT BLACK HILLS CORPORATION
Black Hills Corporation is an integrated energy company. Our retail businesses are Black Hills Power, an electric utility serving western South Dakota, northeastern Wyoming and southeastern Montana; and Cheyenne Light, Fuel & Power, an electric and gas distribution utility serving the Cheyenne, Wyoming vicinity. Black Hills Energy, the wholesale energy business unit, generates electricity, produces natural gas, oil and coal, and markets energy. More information on Black Hills is available at www.blackhillscorp.com.
ABOUT AQUILA
Based in Kansas City, Mo., Aquila owns electric power generation and operates electric and natural gas transmission and distribution networks serving approximately 900,000 customers in Colorado, Iowa, Kansas, Missouri and Nebraska. In Iowa, Aquila serves approximately 146,000 customers in 130 communities. More information on Aquila is available at www.aquila.com.
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Additional Information and Where to Find It
In connection with the merger of Aquila with a subsidiary of Great Plains Energy, Great Plains Energy filed with the SEC a registration statement on Form S-4 (Registration No. 333-142715), containing a preliminary joint proxy statement/prospectus and other relevant materials. The final joint proxy statement/prospectus will be mailed to Aquila’s stockholders. AQUILA’S INVESTORS AND SECURITY HOLDERS ARE URGED TO READ THE JOINT PROXY STATEMENT/PROSPECTUS AND THE OTHER RELEVANT MATERIALS WHEN THEY BECOME AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION ABOUT GREAT PLAINS ENERGY, AQUILA AND THE MERGER. The registration statement and joint proxy statement/prospectus and other relevant materials (when they become available), and any other documents filed by Great Plains Energy or Aquila with the SEC, may be obtained free of charge at the SEC’s website at www.sec.gov. In addition, investors and security holders may obtain free copies of the documents (when they are available) filed with the SEC by Great Plains Energy by directing a request to: Great Plains Energy, 1201 Walnut, Kansas City, MO 64106, Attn: Investor Relations. Investors and security holders may obtain free copies of the documents filed with the SEC by Aquila (when they are available) by contacting Aquila, 20 West Ninth Street, Kansas City, MO 64105, Attn: Investor Relations.
Participants in Proxy Solicitation
Aquila and its executive officers and directors may be deemed to be participants in the solicitation of proxies relating to the proposed merger. Information regarding our executive officers and directors and their ownership of our common stock is set forth in the proxy statement for our 2007 Annual Meeting of Stockholders, which was filed with the SEC on March 21, 2007. Investors and security holders may obtain more detailed information regarding the interests of Aquila and its executive officers and directors in the merger by reading the joint proxy statement/prospectus regarding the merger.