-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, O+QjVqu25+ECoLkK/PiPuTgX+MVcsZ2GhYdy2Cw0C7NIUar8KZ2DHeKBuuDcFEJz 7TsrMlQsnBl+GtTHoRH83g== 0001104659-05-023941.txt : 20050517 0001104659-05-023941.hdr.sgml : 20050517 20050516193848 ACCESSION NUMBER: 0001104659-05-023941 CONFORMED SUBMISSION TYPE: NT 10-Q PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20050331 FILED AS OF DATE: 20050517 DATE AS OF CHANGE: 20050516 EFFECTIVENESS DATE: 20050517 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MARKWEST HYDROCARBON INC CENTRAL INDEX KEY: 0001019756 STANDARD INDUSTRIAL CLASSIFICATION: CRUDE PETROLEUM & NATURAL GAS [1311] IRS NUMBER: 841352233 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: NT 10-Q SEC ACT: 1934 Act SEC FILE NUMBER: 001-14841 FILM NUMBER: 05836788 BUSINESS ADDRESS: STREET 1: 155 INVERNESS DRIVE WEST STREET 2: SUITE 200 CITY: ENGLEWOOD STATE: CO ZIP: 80112-5004 BUSINESS PHONE: 3032908700 MAIL ADDRESS: STREET 1: 155 INVERNESS DRIVE WEST STREET 2: SUITE 200 CITY: ENGLEWOOD STATE: CO ZIP: 80112-5004 NT 10-Q 1 a05-8377_1nt10q.htm NT 10-Q

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

OMB APPROVAL

 

OMB Number:    3235-0058
Expires:       March 31, 2006
Estimated average burden hours per response........2.50

 

 

FORM 12b-25

 

NOTIFICATION OF LATE FILING

SEC FILE NUMBER
001-14841

 

 

CUSIP NUMBER

 

(Check one):

o Form 10-K

o Form 20-F

o Form 11-K

ý Form 10-Q

o Form N-SAR

o Form N-CSR

 

 

For Period Ended:

March 31, 2005

 

 

 

 

o Transition Report on Form 10-K

 

o Transition Report on Form 20-F

 

o Transition Report on Form 11-K

 

o Transition Report on Form 10-Q

 

o Transition Report on Form N-SAR

 

For the Transition Period Ended:

 

 

 

 

 

Read Instruction (on back page) Before Preparing Form.  Please Print or Type.
Nothing in this form shall be construed to imply that the Commission has verified any information contained herein.

 

If the notification relates to a portion of the filing checked above, identify the Item(s) to which the notification relates:

 

PART I — REGISTRANT INFORMATION

MarkWest Hydrocarbon, Inc.

Full Name of Registrant

 

 

Former Name if Applicable

 

155 Inverness Drive West, Suite 200

Address of Principal Executive Office (Street and Number)

 

Englewood, Co. 80112-5000

City, State and Zip Code


PART II — RULES 12b-25(b) AND (c)

If the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b), the following should be completed. (Check box if appropriate)

ý

  (a)

The reason described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense

 

  (b)

The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, or portion thereof, will be filed on or before the fifteenth calendar day following the prescribed due date; or the subject quarterly report or transition report on Form 10-Q, or portion thereof, will be filed on or before the fifth calendar day following the prescribed due date; and

 

  (c)

The accountant's statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.

PART III — NARRATIVE

State below in reasonable detail the reasons why Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.

 

MarkWest Energy Partners, L.P. (the “Partnership”), a consolidated subsidiary of MarkWest Hydrocarbon, Inc. (the “registrant”), was unable to complete and timely files its 2004 Annual Report on Form 10-K and its Quarterly Report on Form 10-Q for the quarter ended March 31, 2005.  Due to the fact that the Partnership is consolidated into the registrant, the registrant is impacted on its ability to file on a timely manner.

 

The Partnership identified certain material weaknesses in its financial reporting processes for its 2004 Annual Report on Form 10-K regarding its Southwest business unit's accounts receivable processing activities, account reconciliations, accrual and cutoff procedures for certain accounts, and review procedures, and as a consequence its 2004 annual audit procedures were required to be expanded. 

 

In addition, the registrant announced on April 15, 2005, that it had determined that previously issued financial statements for the years 2002 and 2003 and the first three quarters of 2003 and 2004 should be restated to reflect compensation expense for the sale of subordinated Partnership units and interests in the Partnership's General Partner to certain directors and officers of the registrant from 2002 through 2004. 

 

Due to the complexity and time necessary to complete the audits for fiscal year 2004 and for first quarter 2005, together with the additional work and items related to the restatements of the prior period financial statements and related filings with the Securities and Exchange Commission (the "Prior Period Reports"), the registrant was not able to complete its financial statements for the first quarter of 2005 and meet the filing deadline of May 16, 2005 for the filing of its Quarterly Report on Form 10-Q for the quarter ended March 31, 2005 (the "10-Q") without unreasonable effort and expense. 

 

The registrant is devoting substantial resources and working with its outside auditors to complete the restatement of the prior period financial statements and to file the Prior Period Reports, the 10-Q and its Annual Report on Form 10-K for the fiscal year ended December 31, 2004, as soon as reasonably practicable.  The registrant is endeavoring to complete all of the above referenced actions by June 15, 2005.

 

SEC 1344 (07-03)

 

Persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.

 


 

PART IV — OTHER INFORMATION

 

(1)

Name and telephone number of person to contact in regard to this notification

 

 

Ted Smith

 

303

 

925-9257

 

(Name)

 

(Area Code)

 

(Telephone Number)

 

(2)

Have all other periodic reports required under Section 13 or 15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant was required to file such report(s) been filed? If answer is no, identify report(s).

o Yes

ý No

 

Annual Report on Form 10-K for the fiscal year ended December 31, 2004

 

(3)

Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof?

o Yes

ý No

 

 

If so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made.

 

 

 

 

MarkWest Hydrocarbon, Inc.

(Name of Registrant as Specified in Charter)

 

has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.

 

Date

May 17, 2005

 

By

/s/ James G. Ivey

 

 

 

 

Chief Financial Officer

INSTRUCTION: The form may be signed by an executive officer of the registrant or by any other duly authorized representative. The name and title of the person signing the form shall be typed or printed beneath the signature. If the statement is signed on behalf of the registrant by an authorized representative (other than an executive officer), evidence of the representative's authority to sign on behalf of the registrant shall be filed with the form.

 

ATTENTION

 

Intentional misstatements or omissions of fact constitute Federal Criminal Violations (See 18 U.S.C. 1001).

 

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