**UNITED STATES SECURITIES AND EXCHANGE COMMISSION**

**Washington, D.C. 20549**

 

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**FORM 10-Q**

 

**Amendment No. 1**

 

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| **x** | **Quarterly Report Pursuant to   Section 13 or 15(d) of the Securities Exchange Act of 1934 for the quarterly   period ended September 30, 2010** |
|-------|---------------------------------------------------------------------------------------------------------------------------------------------------|

 

**or**

 

| **o** | **Transition   Report Pursuant to Section 13 or 15(d) of the Securities Exchange   Act of 1934 (For the transition period from          to          ).** |
|-------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

**Commission File Number: 000-31973**

 

**Beacon Power Corporation**

(Exact name of registrant as specified in its charter)

 

| **Delaware**                    | ** ** | **04-3372365**      |
|---------------------------------|------------|---------------------|
| (State or other jurisdiction of |       | (I.R.S. Employer    |
| incorporation or organization)  |       | Identification No.) |

 

| **65 Middlesex Road**                    |       |       |
|------------------------------------------|------------|------------|
| **Tyngsboro, Massachusetts**             | ** ** | **01879**  |
| (Address of principal executive offices) |       | (Zip code) |

 

**(978) 694-9121**

(Registrant’s telephone number, including area code)

 

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15 (d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.  x  Yes  o  No

 

Indicate by check mark whether the registrant has submitted electronically and posted on it corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or such shorter period that the registrant was required to submit and post such files).  Yes  o  No  o

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer or a smaller reporting company.  See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.

 

| Large accelerated filer  o |   | Accelerated filer  x         |
|--------------------------------------|--------|----------------------------------------|
|                                 |   |                                   |
| Non-accelerated filer  o   |   | Smaller Reporting Company  o |

 

Indicate by check mark whether the registrant is a shell company (as defined in rule 12b-2 of the Exchange Act.)  o  Yes  x  No

 

The number of shares of the Registrant’s common stock, par value $.01 per share, outstanding as of November 5, 2010 was 199,890,859.

 

 

 

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**EXPLANATORY NOTE**

 

This Amendment No. 1 amends the Quarterly Report on Form 10-Q for the quarter ended September 30, 2010 of Beacon Power Corporation (the “Company”), which was filed with the Securities and Exchange Commission on November 9, 2010 (the “Original Filing”). The Company is filing this Amendment No. 1 for the sole purpose of filing a corrected Exhibit 10.1.  Except for Part II, Item 6, Amendment No. 1 does not include the text of the Original Filing, and does not update or modify any of the disclosures or other information contained in the Original Filing.

 

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**Item 6.  Exhibits**

 
| **Exhibit** |       |    |       |                                                                                                                                                             |
|-------------|------------|---------|------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| **Number**  | ** ** | **Ref** | ** ** | **Description of Document**                                                                                                                            |
|        |       |    |       |                                                                                                                                                             |
| 3.1         |       | (1)     |       | Sixth   Amended and Restated Certificate of Incorporation.                                                                                                       |
|        |       |    |       |                                                                                                                                                             |
| 3.2         |       | (1)     |       | Certificate   of Amendment of Certificate of Incorporation, dated June 25, 2007.                                                                            |
|        |       |    |       |                                                                                                                                                             |
| 3.3         |       | (1)     |       | Certificate   of Amendment of the Sixth Amended and Restated Certificate of Incorporation,   dated June 26, 2007.                                           |
|        |       |    |       |                                                                                                                                                             |
| 3.4         |       | (2)     |       | Certificate   of Amendment of the Sixth Amended and Restated Certificate of Incorporation,   dated June 11, 2009.                                           |
|        |       |    |       |                                                                                                                                                             |
| 3.5         |       | (3)     |       | Amended   and Restated Bylaws, as amended.                                                                                                                       |
|        |       |    |       |                                                                                                                                                             |
| 3.6         |       | (4)     |       | Certificate   of Designations of Series A Junior Participating Preferred Stock, filed   with the Secretary of State of Delaware on October 4, 2002.    |
|        |       |    |       |                                                                                                                                                             |
| 10.1        |       | &   |       | Common   Agreement by and among Stephentown Regulation Services LLC, U.S. Department   of Energy and Midland Loan Services, Inc. dated August 6, 2010. |
|        |       |    |       |                                                                                                                                                             |
| 31.1        |       | +       |       | Certification   of Principal Executive Officer pursuant to Section 302 of the   Sarbanes-Oxley Act of 2002.                                                 |
|        |       |    |       |                                                                                                                                                             |
| 31.2        |       | +       |       | Certification   of Principal Financial and Accounting Officer pursuant to Section 302 of   the Sarbanes-Oxley Act of 2002.                                  |

 

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| (1)   | Incorporated   by reference from Form 10-K filed on March 17, 2008 (File No. 000-31973).                                                                              |
|-------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (2)   | Incorporated   by reference from the Form 10-Q filed on August 6, 2009 (File No. 000-31973).                                                                          |
| (3)   | Incorporated   by reference from the Form 8-K filed on October 1, 2007 (File No. 000-31973).                                                                          |
| (4)   | Incorporated   by reference from the 10-K filed on March 30, 2006 (File No. 000-31973).                                                                                    |
| & | Filed   herewith.  Confidential treatment has been requested as to certain   portions, which portions have been separately filed with the Securities and   Exchange Commission. |
| +     | Filed   herewith.                                                                                                                                                                    |

 

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**SIGNATURES**

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

 
|                                                                                                                                                                                                                                                                                                                                                | BEACON   POWER CORPORATION |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------|
|                                                                                                                                                                                                                                                                                                                                                |                       |
|                                                                                                                                                                                                                                                                                                                                                |                       |   |
|                                                     Date:    March 4, 2011 | By:                        | /s/   F. William Capp |
|                                                                                                                                                                                                                                                                                                                                                |                       |   | F. William Capp |
|                                                                                                                                                                                                                                                                                                                                                |                       |   | President and Chief Executive Officer |
|                                                                                                                                                                                                                                                                                                                                                |                       |   | Principal Executive Officer |
|                                                                                                                                                                                                                                                                                                                                                |                       |   |
|                                                                                                                                                                                                                                                                                                                                                |                       |   |
|                                                     Date:    March 4, 2011 | By:                        | /s/   James M. Spiezio |
|                                                                                                                                                                                                                                                                                                                                                |                       |   | James   M. Spiezio |
|                                                                                                                                                                                                                                                                                                                                                |                       |   | Vice   President of Finance, Chief Financial Officer, Treasurer and Secretary |
|                                                                                                                                                                                                                                                                                                                                                |                       |   | Principal   Financial and Accounting Officer |

 

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