WEC 11-K 2008

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 11-K

 

[ X ]   ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
For the fiscal year ended December 31, 2008


OR

[    ]  TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
For the transition period from __________ to ___________



Commission File Number 001-09057

A.   Full title of the plan and the address of the plan, if different from that of the issuer named below:

Wisconsin Energy Corporation Employee Retirement Savings Plan

B.   Name of issuer of the securities held pursuant to the plan and the address of its principal executive office:

Wisconsin Energy Corporation
231 West Michigan Street
P.O. Box 1331
Milwaukee, WI 53201




 

Financial Statements and Exhibits:

(a)     Financial Statements:

             Wisconsin Energy Corporation Employee Retirement Savings Plan

                    Report of Independent Registered Public Accounting Firm.

                    Statements of Net Assets Available for Benefits as of December 31, 2008 and 2007.

                    Statements of Changes in Net Assets Available for Benefits for the Years Ended December 31, 2008 and 2007.

                    Notes to Financial Statements.

                    Form 5500, Schedule H, Part IV, Line 4i -- Schedule of Assets (Held at End of Year) as of December 31, 2008.



(b)     Exhibits:

             23.1 Consent of Independent Registered Public Accounting Firm -- Clifton Gunderson LLP

 

 







SIGNATURES

 



Pursuant to the requirements of the Securities Exchange Act of 1934, the Committee which administers the plan has duly caused this annual report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

   

Wisconsin Energy Corporation Employee Retirement Savings Plan

   

Name of Plan

     
 

By:

/s/ARTHUR A. ZINTEK 

Date: June 17, 2009

 

Arthur A. Zintek, Vice President of Wisconsin Energy Corporation and Chairman of the Employee Benefits Committee

 

 




 

WISCONSIN ENERGY CORPORATION
EMPLOYEE RETIREMENT SAVINGS PLAN
Milwaukee, Wisconsin

FINANCIAL STATEMENTS AND
SUPPLEMENTAL SCHEDULE
December 31, 2008 and 2007

 

 




 

 

WISCONSIN ENERGY CORPORATION
EMPLOYEE RETIREMENT SAVINGS PLAN

     

TABLE OF CONTENTS

   

Page

     
 

REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

3  

     
 

FINANCIAL STATEMENTS:

 
     
 

Statements of Net Assets Available for Benefits as of December 31, 2008 and 2007

4  

     
 

Statements of Changes in Net Assets Available for Benefits for the Years Ended
December 31, 2008 and 2007


5  

     
 

Notes to Financial Statements

6-15  

     
 

SUPPLEMENTAL SCHEDULE:

16  

     
 

Form 5500, Schedule H, Part IV, Line 4i - Schedule of Assets (Held at End of Year) as of December 31, 2008


17  

 


2


Report of Independent Registered Public Accounting Firm

 

Employee Benefits Committee
Wisconsin Energy Corporation
    Employee Retirement Savings Plan
Milwaukee, Wisconsin

We have audited the accompanying statements of net assets available for benefits of Wisconsin Energy Corporation Employee Retirement Savings Plan as of December 31, 2008 and 2007, and the related statement of changes in net assets available for benefits for the years then ended. These financial statements are the responsibility of the Plan's management. Our responsibility is to express an opinion on these financial statements based on our audits.

We conducted our audits in accordance with the Standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. The Plan is not required to have, nor were we engaged to perform, an audit of its internal control over financial reporting. Our audits included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Plan's internal control over financial reporting. Accordingly, we express no such opinion. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.

In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for benefits of Wisconsin Energy Corporation Employee Retirement Savings Plan as of December 31, 2008 and 2007, and the changes in net assets available for benefits for the years then ended in conformity with United States generally accepted accounting principles.

Our audits were performed for the purpose of forming an opinion on the basic financial statements taken as a whole. The accompanying supplemental schedule is presented for purposes of additional analysis and is not a required part of the basic financial statements but is supplementary information required by the Department of Labor's Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974. This supplemental schedule is the responsibility of the Plan's management. The supplemental schedule has been subjected to the auditing procedures applied in the audits of the basic financial statements and, in our opinion, is presented fairly, in all material respects in relation to the basic financial statements taken as a whole.


/s/CLIFTON GUNDERSON, LLP

Milwaukee, Wisconsin
June 16, 2009

 


3


 

WISCONSIN ENERGY CORPORATION EMPLOYEE RETIREMENT SAVINGS PLAN

STATEMENTS OF NET ASSETS AVAILABLE FOR BENEFITS
AS OF DECEMBER 31, 2008 AND 2007

(In Thousands)

2008

2007

         

ASSETS

       

    Participant directed investments, at fair value

$761,607  

$1,046,825  

    Contributions receivable

-     

1,448  

    Adjustment from fair value to contract value

1,561  

(838) 

NET ASSETS AVAILABLE FOR BENEFITS

$763,168  

$1,047,435  


These financial statements should be read only in connection with the accompanying notes to financial statements.


4


WISCONSIN ENERGY CORPORATION EMPLOYEE RETIREMENT SAVINGS PLAN

STATEMENTS OF CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS
FOR THE YEARS ENDED DECEMBER 31, 2008 AND 2007
(In Thousands)                                                                                            

2008

2007

ADDITIONS

Contributions:

   Participants

$40,339  

$42,178  

   Company

14,742  

12,566  

   Rollover

909  

1,679  

        Total contributions

55,990  

56,423  

Investment income (loss)

   Interest and dividends

28,683  

46,064  

   Net appreciation (depreciation)

(298,552) 

30,447  

        Total investment income (loss)

(269,869) 

76,511  

            Total additions (deductions)

(213,879) 

132,934  

DEDUCTIONS

   Benefits paid to participants

70,316  

105,655  

   Administrative expenses

72  

78  

           Total deductions

70,388  

105,733  

NET INCREASE (DECREASE)

(284,267) 

27,201  

NET ASSETS AVAILABLE FOR BENEFITS:
BEGINNING OF YEAR


1,047,435  


1,020,234  

END OF YEAR

$763,168  

$1,047,435  

 

These financial statements should be read only in connection with the accompanying notes to financial statements.


5




WISCONSIN ENERGY CORPORATION EMPLOYEE RETIREMENT SAVINGS PLAN

NOTES TO FINANCIAL STATEMENTS
FOR THE YEARS ENDED DECEMBER 31, 2008 AND 2007

 

1. DESCRIPTION OF PLAN

The following description of the Wisconsin Energy Corporation (the "Company") Employee Retirement Savings Plan (the "Plan") is provided for general information purposes only. More complete information regarding the Plan's provisions may be found in the Plan document.

General -- The Plan is a defined contribution plan covering all non-represented employees who are employed by a participating company and represented employees who are represented by a union which elected to participate in the Plan; and who are projected to complete at least 1,000 hours of service within one year from their hire date. The Plan is subject to the provisions of the Employee Retirement Income Security Act of 1974, as amended ("ERISA").

The plan assets are held in a trust as maintained by Fidelity Management Trust Company (the "Trustee").

Effective April 1, 2004, the Plan was amended and an employee stock ownership plan was created for participants who are not represented by a union or who are represented by a union that elected to participate in the employee stock ownership plan. The remaining portion of the Plan remains a profit sharing plan.

Effective June 1, 2006, the Plan was amended to offer a Roth 401(k) option where contributions are made on an after-tax basis and are included in current taxable income. Upon distribution, Roth contribution earnings are tax-free. In addition, employee contribution limits increased to 75% of eligible compensation subject to the annual IRS maximum.

An auto-enrollment feature was put into effect on January 1, 2007 for all management employees hired or rehired on or after this date and those represented employees whose unions have adopted it. These employees will be enrolled automatically in the Plan at a rate of 3% of their 401(k) eligible wages unless they make an alternate election. In addition, these 401(k) account contributions will increase automatically by 1% in each subsequent year up to 6%. If employees enroll in the Plan, but do not designate a desired investment strategy, the Trustee will direct the employee's contributions into the age-appropriate Fidelity Freedom Fund.

Contributions -- Contributions are subject to certain limitations of the Internal Revenue Code ("IRC"). Participants are allowed to make pre-tax and post-tax contributions of up to 75% of their base wages, as defined. Participants may also contribute amounts representing distributions from other qualified defined benefit or defined contribution plans ("rollovers"). Effective January 1, 2008, the Company matches participant contributions of management employees equal to 100% of the first 1% and 50% of the next 6%. This Company match is also in effect for those represented employees whose unions have adopted this change, effective as of the date specified in the contract. Those employees whose unions have not adopted this match rate receive a Company match equal to 50% of participant contributions of up

6


to 6% of wages as defined in the Plan. Company matching contributions are made to the employee stock ownership plan or the Company Common Stock Fund, as the case may be. Additionally, each participant over age 50 can elect to make catch up contributions subject to certain limitations of the IRC.

Participant Accounts -- Individual accounts are maintained for each of the Plan's participants to reflect the participant's contributions and related employer contributions, as well as the participant's share of the Plan's income and any related administrative expenses. Allocations are based on the proportion that each participant's account balance has to the total of all participants' account balances.

Vesting -- Participants are immediately vested in their contributions plus actual earnings thereon. Upon completion of one year of service or upon attainment of 59-1/2 years of age while in the service of the Company, participants become 100% vested in the Company's matching contributions. Forfeited balances of terminated participants' non-vested accounts are used to reduce future employer contributions. At December 31, 2008 and 2007, forfeited non-vested accounts totaled $28,332 and $21,695, respectively. Total forfeitures used to reduce future employer contributions were $4,647 and $12,148 in 2008 and 2007, respectively.

Investment Options -- The participants' deposits and the Company's annual contributions are paid to the Trustee who invests the deposits, as directed (in whole percentages) by the participant, within prescribed limitations, into various investment funds offered by the Trustee, which includes Company common stock. Company contributions are initially made to the employee stock ownership plan or the Company Common Stock Fund, as the case may be, but can then be transferred to other funds by the participant.

Benefit Payments -- A participant may take a distribution due under the Plan as a single lump-sum cash payment or installment payments over a period not extending beyond the life expectancy of the participant. The full value of a participant's account is automatically distributed through a lump-sum cash payment to the employee or designated beneficiary upon retirement, termination of employment or death, for account balances less than $1,000. Balances between $1,000 and $5,000 are rolled over into an IRA in the employee's name if they have not provided direction for distribution. However, in order to comply with the "Worker, Retiree, and Employer Recovery Act of 2008," the Plan was amended to provide a one year moratorium on minimum required distributions (MRD) for 2009. The Plan will not pay out MRDs for the 2009 distribution calendar year unless a participant specifically requests this. As the Plan is primarily designed to meet long-term financial needs, employees may permanently withdraw amounts from their accounts under the terms of the Plan's financial hardship withdrawal guidelines. Additionally, participants may withdraw all or a portion of the value of their after-tax contributions; however, these withdrawals are limited to once per Plan year per participant.

Participant Loans -- Participants may borrow from their fund accounts a minimum of $1,000 up to the lesser of 50% of their account balance or $50,000, minus any outstanding loan balances over the past 12 months. Loans are repayable monthly over periods not to exceed five years. The interest rate charged on participant loans is fixed at the beginning of each loan at the then current prime rate plus 1%.

The interest paid by a participant on their loan balance is credited directly to their individual account. Interest rates on participant loans ranged from 5.0% to 9.25% at December 31, 2008 and December 31, 2007, respectively.


7



2. ACCOUNTING POLICIES

Basis of Accounting and Use of Estimates -- The accompanying financial statements have been prepared in accordance with accounting principles generally accepted in the United States of America. This requires the Plan's management to make estimates and assumptions that affect the reported amounts of assets and liabilities and changes therein, and disclosure of contingent assets and liabilities. Actual results could differ from those estimates.

Fair Value Measurement -- In September 2006, the Financial Accounting Standards Board issued Statement of Financial Accounting Standard No. 157 ("SFAS 157"). SFAS 157 provides guidance for using fair value to measure assets and liabilities, defines fair value, provides a framework for measuring fair value and expands disclosures related to fair value measurements. SFAS 157 is effective for financial statements issued for fiscal years beginning after November 15, 2007. The Plan adopted the provisions of SFAS 157 effective January 1, 2008. See Note 9 - Fair Value Measurements for further information on SFAS 157.

Investment Valuation and Income Recognition -- Investments are stated at fair value using methodologies described in Note 9 - Fair Value Measurements.

Investment contracts held by a defined-contribution plan are required to be reported at fair value as stated in Financial Accounting Standards Board Staff Position, FSP AAG INV-1 and SOP 94-4-1, Reporting of Fully Benefit-Responsive Investment Contracts Held by Certain Investment Companies Subject to the AICPA Investment Company Guide and Defined-Contribution Health and Welfare and Pension Plans ("FSP"). Contract value is the amount participants would receive if they were to initiate permitted transactions under the terms of the Plan and, thus, is the relevant measurement attribute for that portion of the net assets available for benefits of a defined-contribution plan attributable to fully benefit-responsive investment contracts. The Statements of Net Assets Available for Benefits present the fair value of the investment contracts as well as the adjustment of the fully benefit-responsive investment contracts from fair value to contract value as required by the FSP.

The Plan provides for investments in mutual funds, collective trusts, synthetic investment contracts and Company stock. Investment securities are exposed to various risks, including, but not limited to, interest rate, market and credit risks. Due to the level of risk associated with certain investment securities, it is at least reasonably possible that changes in the values of investments will occur in the near term.

Investment transactions are recorded on the trade date. Interest is recorded as earned. Dividends are recorded on the ex-dividend date.

Administrative Expenses -- Substantially all administrative expenses of the Plan are paid by the Company, except for loan origination fees which are paid by the borrowing participant and charged against the fund from which the borrowings are made.

Payment of Benefits -- Benefit payments to participants are recorded upon distribution.

8

 

3. INVESTMENTS

As of December 31, 2008 and 2007, the Plan held 4,335,535 and 4,206,005 shares, respectively, of Company common stock in the Company Common Stock Fund and the employee stock ownership plan. The Company Common Stock Fund and the employee stock ownership plan are unitized and in total held 8,433,288 and 8,195,870 units as of December 31, 2008 and 2007, respectively.

The following presents individual investments that represent 5 percent or more of the Plan's net assets as of December 31 (in thousands):

 

2008

 

2007

Blended Rate Income Fund (BRIF)

$123,017*  

 

$113,758  

Wisconsin Energy Corporation ESOP

180,983  

 

203,803  

Mutual Funds

     

          Fidelity Equity Income

54,113  

 

97,822  

          Fidelity Growth Company

80,965  

 

139,251  

          Fidelity Balanced

44,103  

 

69,260  

          Fidelity Low-Priced Stock

46,364  

 

79,301  

          Fidelity Diversified International

49,598  

 

97,776  

Equity Common Collective Fund

     

          Fidelity U.S. Equity Index Pool

39,399  

 

66,377  

* This represents contract value and differs from the fair value as noted in the supplemental schedule.

The Plan's investments (including gains and losses on investments bought and sold, as well as held during the year) appreciated (depreciated) in value as follows (in thousands):

 

2008

 

2007

Wisconsin Energy common stock funds

($28,587) 

 

$5,343  

Common stock mutual funds

(234,501) 

 

21,212  

Equity common collective fund

(23,769) 

 

3,798  

Corporate debt securities mutual funds

(449) 

 

97  

Fidelity Freedom funds

(11,246) 

 

(3) 

 

($298,552) 

 

$30,447  

4. INVESTMENT CONTRACTS

The values of the BRIF, which includes synthetic contracts, as confirmed by the Trustee, and corresponding credit ratings, as of December 31, are as follows (in thousands):

9


 


2008

 

Major Credit Rating

   

         

JP Morgan Chase & Co.
  Other - Fund #5128

 


AA-

 


$29,535

         

State Street Bank & Trust Co. - Boston
  Other - Fund #5128

 


AA

 


29,535

         

Rabobank Nederland
  Other - Fund #5128

 


AAA

 


29,535

         

AIG
  Other - Fund #5128

 


A-

 


29,535

         

Short Term Investment Fund

     

     3,145

Wrap contract at fair value

     

     171

Fair Value of contracts

     

121,456

Adjustment to contract value

     

      1,561

All contracts

     

$123,017


2007

 

Major Credit Rating

   

         

JP Morgan Chase & Co.
  Other - Fund #5128

 


AA

 


$28,007

         

State Street Bank & Trust Co. - Boston
  Other - Fund #5128

 


AA

 


28,006

         

Rabobank Nederland
  Other - Fund #5128

 


AAA

 


28,007

         

AIG
  Other - Fund #5128

 


AA

 


28,006

         

Short Term Investment Fund

     

     2,570

Wrap contract at fair value

     

     -

Fair Value of contracts

     

114,596

Adjustment to contract value

     

      (838)

All contracts

     

$113,758

The methodology to calculate performance based on the last day of the Plan year-end includes income earned by the fund's assets on the last day of the Plan year-end divided by the fair value of all the Plan assets (market value spot yield) and the fund's interest distributed to Plan participants on the last day of the Plan year-end divided by fair value of all the Plan assets (book value spot yield). The average yields are as follows:

                                                                                           2008                         2007
Based on actual earnings                                                     3.56%                       4.89%
Based on interest rate credited to participants                      4.07%                       4.64%

A wrap contract is an agreement by another party, such as a bank or insurer, to make payments to the fund in certain circumstances.

10


Wrap contracts are designed to allow a stable value fund, such as the BRIF, to protect the fund in extreme circumstances. In a typical wrap contract, the wrap issuer agrees to pay the fund the difference between the contract value and the market value of the covered assets once the market value has been totally exhausted.

The Trustee generally purchases wrap contracts from issuers rated in the top three long-term categories (A- or the equivalent and above) by any one of the nationally recognized statistical rating organizations. The Trustee expects a substantial percentage (up to 99%) of the fund's assets to be covered by wrap contracts, although they may change this target from time to time. Assets not covered by wrap contracts will generally be invested in money market instruments and cash equivalents to provide necessary liquidity for participant withdrawals and exchanges.

Wrap contracts accrue interest using the crediting rate formula. This formula is used to convert market value changes in the covered assets into income distributions in order to minimize the difference between the market and contract value of the covered assets over time. Using the crediting rate formula, an estimated future market value is calculated by compounding the fund's current market value at the fund's current yield to maturity for a period equal to the fund's duration. The crediting rate is the discount rate that equates that estimated future market value with the fund's current contract value. Crediting rates are reset quarterly. The wrap contracts provide a guarantee that the crediting rate will not fall below 0%.

The crediting rate, and hence the fund's return, may be affected by many factors, including purchases and redemptions by shareholders. The precise impact on the fund depends on whether the market value of the covered assets is higher or lower than the contract value of those assets. If the market value of the covered assets is higher than their contract value, the crediting rate will ordinarily be higher than the yield of the covered assets. Under these circumstances, cash from new investors will tend to lower the crediting rate and the fund's return, and redemptions by existing shareholders will tend to increase the crediting rate and the fund's return.

If the market value of the covered assets is lower than their contract value, the crediting rate will ordinarily be lower than the yield of the covered assets. When market value is lower than contract value, the fund will have, for example, less than $10.00 in cash and bonds for every $10.00 in net asset value (NAV). Under these circumstances, cash from new investors will tend to increase the market value attributed to the covered assets and to increase the crediting rate and the fund's return. Redemptions by existing shareholders will have the opposite effect, and will tend to reduce the market value attributed to remaining covered assets and to reduce the crediting rate and the fund's return. Generally, the market value of covered assets will tend to be higher than contract value after interest rates have fallen due to higher bond prices. Conversely, the market value of covered assets will tend to be lower than their contract value after interest rates have risen due to lower bond prices.

If the fund experiences significant redemptions when the market value is below the contract value, the fund's yield may be reduced significantly, to a level that is not competitive with other investment options. This may result in additional redemptions, which would tend to lower the crediting rate further. If redemptions continued, the fund's yield could be reduced to zero. If redemptions continued thereafter, the fund might have insufficient assets to meet redemption requests, at which point the fund would require payments from the wrap issuer to pay further shareholder redemptions.

The fund and the wrap contracts purchased by the fund are designed to pay all

11


participant-initiated transactions at contract value. Participant-initiated transactions are those transactions allowed by the underlying defined contribution plan (typically this would include withdrawals for benefits, loans, or transfers to non-competing funds within the plan). However, the wrap contracts limit the ability of the fund to transact at contract value upon the occurrence of certain events. These events include:

At this time, management believes the occurrence of any of these events is not probable.


5. PLAN TERMINATION

Although it has not expressed any intent to do so, the Company has the right under the Plan to discontinue its contributions at any time and to terminate the Plan subject to the provisions of ERISA and of the Company's labor agreements. In the event of Plan termination, participants will become 100% vested in their accounts.


6. FEDERAL TAX STATUS

The Internal Revenue Service has determined and informed the Company by a letter dated November 12, 2003 that the Plan was designed in accordance with the applicable regulations of the IRC. The Plan has been amended since receiving the determination letter; however, the Company and the Plan administrator believe that the Plan is currently designed and operated in compliance with the applicable requirements of the IRC and the Plan continues to be tax-exempt. Therefore, no provision for income taxes has been included in the Plan's financial statements.


7. RELATED PARTY TRANSACTIONS

The Plan invests in Company common stock. In addition, certain Plan investments represent shares of mutual funds and collective trust funds managed by the Trustee. These transactions are considered party-in-interest transactions.

12


These transactions are not, however, considered prohibited transactions under ERISA regulations. Fees paid by the Plan for investment management services were included as a reduction of the return earned on each fund.


8. RECONCILIATION OF FINANCIAL STATEMENTS TO FORM 5500


The following is a reconciliation of net assets available for benefits per the financial statements at December 31 to Form 5500 (in thousands):

   

2008

 

2007

Net assets available for benefits per
  the financial statements

 


$763,168  

 


$1,047,435  

Adjustment from contract value to fair value

 

(1,561)  

 

838   

Net assets available for benefits per the Form 5500

 

$761,607 

 

$1,048,273  



The following is a reconciliation of the net increase (decrease) in net assets available for benefits per the financial statements for the year ended December 31 to the Form 5500 (in thousands):

   

2008

 

2007

Net increase (decrease) in net assets available for benefits    per the financial statements

 


($284,267)  

 


$27,201  

  Less: Adjustment from contract value to fair value,    beginning of year

 


838  

 


(1,296) 

Add: Adjustment from contract value to fair value, end    of year

 


(1,561) 

 


838  

Net increase (decrease) in net assets available for benefits
   per the Form 5500

 


($286,666) 

 


$29,335  

The BRIF is recorded at contract value in the financial statements but at fair value in the Form 5500.


9. FAIR VALUE MEASUREMENTS

SFAS 157 was adopted as of January 1, 2008, which among other things, requires enhanced disclosures about assets and liabilities that are measured and reported at fair value. SFAS 157 establishes a hierarchal disclosure framework which prioritizes and ranks the level of observable inputs used in measuring fair value.

As defined in SFAS 157, fair value is the price that would be received upon the sale of an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date (exit price) versus the cost to acquire the investment (entry price). The Plan primarily applies the market approach for recurring fair value measurements and attempts to utilize the best available information. Accordingly, the Plan also utilizes valuation techniques that maximize the use of observable inputs and minimizes the use of unobservable inputs. The Plan is able to classify fair value balances based on the observability of those inputs. The hierarchy established under SFAS 157 gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurement) and the lowest priority to unobservable inputs (Level 3 measurement).

Assets and liabilities measured and reported at fair value are classified and disclosed in one of the following categories:

13


 

The asset's or liability's fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used maximize the use of observable inputs and minimize the use of unobservable inputs.

Following is a description of the valuation methodologies used for assets measured at fair value.

The methods described above may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, while the Plan believes its valuation methods are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement from other market participants at the reporting date.

The following table sets forth by level, within the fair value hierarchy, the Plan's assets at fair value as of December 31, 2008 (in thousands):

   

Level 1

Level 2

Level 3

Total

           

Stable Value Fund

 

$    -    

$121,456   

$    -      

$121,456   

Company Common Stock Funds

    -    

184,094     

    -      

184,094   

Mutual Funds

 

400,971

    -      

    -      

400,971   

Common Collective Trust Funds

 

   -    

39,399   

    -      

39,399   

Participant Loans

   -    

15,687   

    -      

15,687   

Total Assets at Fair Value

 

$400,971

$360,636   

$    -      

$761,607   

* * * * * *

 

This information is an integral part of the accompanying financial statements.




15


 

SUPPLEMENTAL SCHEDULE

 

16


WISCONSIN ENERGY CORPORATION
EMPLOYEE RETIREMENT SAVINGS PLAN

FORM 5500, SCHEDULE H, PART IV, LINE 4i-SCHEDULE OF ASSETS
(HELD AT END OF YEAR)
DECEMBER 31, 2008



Identity of Issue and Description of Investment

 

Fair Value
(In Thousands)

Blended Rate Income Fund (BRIF)*

 

$121,456          

     

Wisconsin Energy Corporation ESOP*
Wisconsin Energy Corporation Common Stock Fund*

 

180,983          
3,111          

     

Mutual Funds

   

    Vanguard MidCap Index I

 

25,109          

    Fidelity Equity Income*

 

54,113          

    Fidelity Growth Company*

 

80,965          

    Fidelity Balanced*

 

44,103          

    Fidelity Low-Priced Stock*

 

46,364          

    Fidelity Diversified International*

 

49,598          

    Fidelity Small Cap Stock*

 

9,850          

    Fidelity Freedom Income*

 

1,001          

    Spartan Total Market Index

 

4,179          

    Spartan International Index

 

7,071          

    Fidelity Ret Government Money Market*

 

19,839          

    Fidelity U.S. Bond Index*

 

36,569          

    Fidelity Freedom 2005*

 

634          

    Fidelity Freedom 2010*

 

4,875          

    Fidelity Freedom 2015*

 

4,475          

    Fidelity Freedom 2020*

 

4,487          

    Fidelity Freedom 2025*

 

2,677          

    Fidelity Freedom 2030*

 

1,901          

    Fidelity Freedom 2035*

 

1,483          

    Fidelity Freedom 2040*

 

1,072          

    Fidelity Freedom 2045*

 

313          

    Fidelity Freedom 2050*

 

293          

     

Equity Common Collective Fund

   

    Fidelity U.S. Equity Index Pool*

 

39,399         

     

Other

   

    Participant loans -- 5.0% to 9.25%, with various maturities*

 

15,687         

Total

 

$761,607         

* Represents a party-in-interest

   

17