KCC rejects Westar’s request for flexibility

? Regulators have resoundingly denied Westar Energy Inc.’s request for leniency in meeting the Kansas Corporation Commission’s demands to reduce the company’s debt.

The KCC on Monday ordered Westar to comply with earlier directives, even if it means suspending payment of dividends to stockholders. In November, the commission ordered Westar to isolate its utilities from its unregulated operations and reduce its $3.6 billion debt by at least $100 million annually.

In recent motions filed with the commission, Westar had said it might not have enough cash-flow to reduce its debt by the proscribed amount.

The company also said loan agreements could preclude it from isolating the utilities from debt amassed by the company’s unregulated businesses, chiefly its monitored security subsidiary, Protection One.

Westar said placing the utility assets in a separate subsidiary could trigger a default on its financing agreements.

Still, the KCC on Monday reiterated its original directives.

“The commission will not revise its requirement that the utility business not be burdened with the debt of the nonutility businesses,” the order stated.

The KCC wants to protect Westar’s nearly 650,000 electricity customers from being unfairly saddled with debt the company amassed through its nonutility ventures.

“This order makes it pretty clear what the commission expects from us,” said Doug Lawrence, a Westar spokesman. “We understand the commission’s priority. It’s our priority as well.”

In the order, the KCC suggested four ways Westar could comply with debt-reduction targets. Those include selling its nonutility businesses, issuing more stock, suspending its dividend payments, or renegotiating loan agreements.

The commission said that if Westar resists lowering or suspending its $1.20 per-share dividend, it would consider using its power under Kansas law to limit the dividend, which costs the company about $85 million a year.

The KCC directed Westar to file monthly reports detailing its efforts to pay down its debt. The first report is due Jan. 10.

Westar shares closed down 8 cents at $11.22 in trading Monday on the New York Stock Exchange.