SEC Comment Letter for Green Plains Inc. (GPRE) (CIK 0001309402) (GPRE) — Apr 22, 2008
Green Plains Inc. (GPRE) (CIK 0001309402)
Date: April 22, 2008 · CIK: 0001309402 · Accession: 0000000000-08-020548
AI Filing Summary & Sentiment
Referenced dates: April 11, 2008
Show Raw Text
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549-7010
DIVISION OF
CORPORATION FINANCE
Mail Stop 7010
April 22, 2008
Via U.S. mail and facsimile
Mr. Jerry L. Peters
Chief Financial Officer
Green Plains Renewable Energy, Inc.
105 North 31st Ave., Suite 103
Omaha, Nebraska 68131
RE: Form 10-K for the year ended Novemb er 30, 2007
Form 10-Q for the quart er ended February 29, 2008
File No. 1-32924
Dear Mr. Peters:
We have reviewed your response letter dated April 11, 2008 and have the
following additional comments. If you disagree with our comment, we will consider your explanation as to why our comment is inapplicable or a revision is unnecessary. Please be as detailed as nece ssary in your explanation.
Please understand that the purpose of our re view process is to assist you in your
compliance with the applicable disclosure requirements and to enhance the overall disclosure in your filing. We look forward to working with you in these respects. We
welcome any questions you may have about our comments or on any other aspect of our review. Feel free to call us at the telephone numbers listed at the end of this letter.
FORM 10-K FOR THE YEAR ENDED NOVEMBER 30, 2007
General
1. Where a comment below requests additional disclosures or other revisions to be made, please show us in your supplemental response what the revisions will look like. These revisions should be included in your future filings.
Mr. Jerry L. Peters
April 22, 2008
Page 2 of 2
FORM 10-Q FOR THE QUARTER ENDED FEBRUARY 29, 2008
Note 1. Basis of Presentation
Revenue Recognition, page 8
2. We note your response to prior comment 7. You disclose that shipping costs are
incurred by third-party brokers and factored in to their net sales price rather than being
charged back to you. However, your respons e indicates that your contract with CHS
Inc. requires you to bear all freight costs incurred by the buyer in delivering the product to its customer. Please revise your disclosure as necessary to clarify which party is responsible for shipping costs.
Item 4. Controls and Procedures, page 26
3. In your Form 10-K for the year ended November 30, 2007, you concluded that your
disclosure controls and procedures were not effective because of the material
weakness in internal controls over financial reporting identified. In your Form 10-Q
for the quarter ended February 29, 2008, you disclose that you had not tested your
controls over revenue recognition cutoffs during fiscal 2008 and accordingly had not
determined that the material weakness had been fully remediated. In light of this,
please disclose how you were able to conc lude that your disclosure controls and
procedures were effective.
* * * *
Please respond to these comments within 10 business days, or tell us when you will
provide us with a response. Please provide us with a supplementa l response letter that
keys your responses to our comments and provides any requested supplemental information. Detailed letters greatly facilitate our review. Please file your supplemental
response on EDGAR as a correspondence file . Please understand that we may have
additional comments after reviewin g your responses to our comments.
If you have any questions regarding these comments, please direct them to Nudrat
Salik, Staff Accountant, at ( 202) 551-3692 or, in her absence, to the undersigned at (202)
551-3769.
S i n c e r e l y ,
R u f u s D e c k e r
Accounting Branch Chief