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TE > SEC Filings for TE > Form 8-K on 20-Jan-2009All Recent SEC Filings

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Form 8-K for TECO ENERGY INC


20-Jan-2009

Other Events


Item 8.01: Other Events

On January 13, 2009, a subsidiary of TECO Energy, TECO Guatemala Holdings, LLC, ("TGH"), delivered a Notice of Intent to the Guatemalan government indicating that it intends to file an arbitration claim against the Republic of Guatemala under the Dominican-Republic-Central America-United States Free Trade Agreement (DR-CAFTA). The Notice of Intent is the first step in the process of filing an arbitration claim under the DR-CAFTA. A claimant must wait at least 90 days after the Notice of Intent before submitting a claim to arbitration. During this 90-day period, the parties may attempt to resolve the dispute amicably through consultation or negotiation.

The Notice of Intent was prompted by actions of the Guatemalan regulatory body, the National Electric Energy Commission (CNEE) in July, which, among other things, unilaterally reset the distribution tariff (VAD), for Empresa Eléctrica de Guatemala (EEGSA), at levels well below the then existing tariffs. This action has caused a significant reduction in earnings for the DECA II segment of TGH. TGH has a 24% ownership interest in EEGSA through a joint venture (DECA II) with Iberdrola Energia, S.A. ("Iberdrola") and Electricidade de Portugal, S.A.

EEGSA, Iberdrola (EEGSA's managing partner), and EEGSA's other investors have actively pursued legal and other efforts in Guatemala to remedy CNEE's actions. Similarly, TGH engaged in discussions with Guatemalan officials in an attempt to resolve the dispute. To date, these efforts have not resolved the dispute and TGH is proceeding with the initiation of a claim under the DR-CAFTA. Iberdrola has initiated similar proceedings under the bilateral trade treaty in place between the Republic of Guatemala and the Kingdom of Spain.

This report contains forward looking statements, which are subject to the inherent uncertainties in predicting future results and conditions. Actual results and outcomes may differ materially form those forecasted. The forecasted information is based on the company's current expectations and assumptions, and the company does not undertake to update that information or any other information contained in this report, except as may be required by law. Additional information is contained under "Risk Factors" in TECO Energy's Annual Report on Form 10-K for the period ended December 31, 2007 as updated by its Quarterly Reports on Form 10-Q.


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