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| HEP > SEC Filings for HEP > Form 8-K on 12-Sep-2008 | All Recent SEC Filings |
12-Sep-2008
Regulation FD Disclosure
Alon USA, a major shipper on Holly Energy Partners, L.P.'s (referred to here
in as the "Partnership") Texas pipelines, has announced that it expects its
refinery in Big Spring, Texas to return all units to full operation by October
1. The Big Spring Refinery was damaged by an explosion in February 2008 and
began operating at approximately 50% capacity in early April 2008. The
Partnership previously stated that this restart was anticipated to occur by
August 1 based on Alon's previous indications.
The significantly reduced shipments of Alon's product on the Partnership's
pipelines has adversely affected the Partnership's net income since the
explosion, but has not materially reduced the Partnership's distributable cash
flow. Contractual minimum throughput commitments require Alon to pay the
Partnership a minimum quarterly amount that is not materially different than the
quarterly amount that the Partnership received from Alon prior to the explosion
when the Big Spring Refinery was operating at normal capacity.
Although the Partnership receives these minimum guaranteed payments from Alon
each quarter, the Partnership accounted for the difference between the
guaranteed amounts and the lower revenue associated with the actual shipments by
Alon as deferred revenue, thus reducing net income. Accordingly, net income for
the Partnership for the second quarter was adversely affected by the Alon
reduced product shipments and the accounting treatment of the contractual
guaranteed payments. Cash available for distribution was, however, only
minimally affected due to these contractual minimum payments.
The Partnership believes its third quarter will likely be impacted in a
similar manner since Alon has to date made, and is expected to continue to make
the same guaranteed minimum payments and their shipments during the third
quarter are expected to be similar to those of the second quarter. To date, the
Partnership has recognized this deferred revenue one year after the contractual
minimum cash payment was received so that the recognition of income occurs upon
the expiration of Alon's contractual right to apply such amounts to shipments in
excess of its minimum throughput commitments during the one year period.
In accordance with General Instruction B.2 of Form 8-K, the information
furnished in this report on Form 8-K shall not be deemed to be "filed" for the
purposes of Section 18 of the Securities Exchange Act of 1934 ("Exchange Act"),
or otherwise subject to the liabilities of that section, unless the Partnership
specifically incorporates it by reference in a document filed under the Exchange
Act or the Securities Act of 1933. By filing this report on Form 8-K and
furnishing this information, the Partnership makes no admission as to the
materiality of any information in this report or that any such information
includes material investor information that is not otherwise publicly available.
The information contained in this report on Form 8-K is intended to be
considered in the context of the Partnership's Securities and Exchange
Commission ("SEC") filings and other public announcements that the Partnership
may make, by press release or otherwise from time to time. The Partnership
disclaims any current intention to revise or update the information contained in
this report although the Partnership may do so from time to time as its
management believes is warranted. Any such updating may be made through the
furnishing or filing of other reports or documents with the SEC, through press
releases or through other public disclosure.
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