Exact Name of Registrant as Specified in its Charter, | ||||
Commission | State of Incorporation, Address of Principal Executive | IRS Employer | ||
File Number | Offices and Telephone Number | Identification No. | ||
1-11607 |
DTE Energy Company |
38-3217752 | ||
(a Michigan corporation) |
||||
One Energy Plaza |
||||
Detroit, Michigan 48226-1279 |
||||
313-235-4000 | ||||
1-2198 |
The Detroit Edison Company |
38-0478650 | ||
(a Michigan corporation) |
||||
One Energy Plaza |
||||
Detroit, Michigan 48226-1279 |
||||
313-235-4000 |
Item 8.01. Other Events.
As previously disclosed in our quarterly and annual reports, in July 2009, DTE Energy Company (DTE Energy) received a Notice of Violation/Finding of Violation (NOV/FOV) from the United States Environmental Protection Agency (EPA) alleging, among other things, that five of The Detroit Edison Company’s (Detroit Edison) power plants violated New Source Performance standards, Prevention of Significant Deterioration requirements, and Title V operating permit requirements under the Clean Air Act. In June 2010, EPA issued a NOV/FOV making similar allegations related to a recent project and outage at Unit 2 of the Monroe Power Plant.
On August 5, 2010, the United States Department of Justice, at the request of EPA, brought a civil suit in the U.S. District Court for the Eastern District of Michigan against DTE Energy and Detroit Edison, related to the June 2010 NOV/FOV and the outage work performed at Unit 2 of the Monroe Power Plant, but not relating to the July 2009 NOV/FOV. Among other relief, the EPA requested the court to require Detroit Edison to install and operate the best available control technology at Unit 2 of the Monroe Power Plant. Further, the EPA requested the court to issue a preliminary injunction to require Detroit Edison to (i) begin the process of obtaining the necessary permits for the Monroe Unit 2 modification and (ii) offset the pollution from Monroe Unit 2 through emissions reductions from Detroit Edison’s fleet of coal-fired power plants until the new control equipment is operating. In January 2011 the EPA’s motion for preliminary injunction was denied. On August 23, 2011, the U.S. District Court judge granted DTE Energy’s motion for summary judgment in the civil case, dismissing the case and entering judgment in favor of DTE Energy.
DTE Energy and Detroit Edison believe that the plants identified by the EPA, including Unit 2 of the Monroe Power Plant, have complied with all applicable federal environmental regulations. Depending upon the outcome of discussions with the EPA regarding the two NOVs/FOVs, Detroit Edison could also be required to install additional pollution control equipment at some or all of the power plants in question, consider early retirement of facilities where control equipment is not economical, engage in supplemental environmental programs, and/or pay fines. DTE Energy and Detroit Edison cannot predict the financial impact or outcome of this matter, or the timing of its resolution.
Forward-Looking Statements:
This Form 8-K contains forward-looking statements that are subject to various assumptions, risks and uncertainties. It should be read in conjunction with the “Forward-Looking Statements” section in DTE Energy’s and Detroit Edison’s 2010 Forms 10-K and 2011 Forms 10-Q (which sections are incorporated by reference herein), and in conjunction with other SEC reports filed by DTE Energy and Detroit Edison that discuss important factors that could cause DTE Energy’s and Detroit Edison’s actual results to differ materially. DTE Energy and Detroit Edison expressly disclaim any current intention to update any forward-looking statements contained in this report as a result of new information or future events or developments.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrants have duly caused this report to be signed on their behalf by the undersigned hereunto duly authorized.
Date: August 26, 2011
DTE ENERGY COMPANY
(Registrant)
/s/ Bruce D.
Peterson
Bruce D. Peterson
Senior Vice President & General
Counsel
THE DETROIT EDISON COMPANY
(Registrant)
/s/ Patrick B.
Carey
Patrick B. Carey
Assistant Corporate Secretary