-----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, RICEmQ59O5gYXG3qvtJniZ4xFEGYOedsZVrOwXvXNcQ6Rg5sf88wygCoeebWOWbf XAxaqGNgK4/VbXzBuyUvxw== 0000950134-02-008664.txt : 20020723 0000950134-02-008664.hdr.sgml : 20020723 20020723151015 ACCESSION NUMBER: 0000950134-02-008664 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20020722 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20020723 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PEABODY ENERGY CORP CENTRAL INDEX KEY: 0001064728 STANDARD INDUSTRIAL CLASSIFICATION: BITUMINOUS COAL & LIGNITE SURFACE MINING [1221] IRS NUMBER: 134004153 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-16463 FILM NUMBER: 02708530 BUSINESS ADDRESS: STREET 1: 701 MARKET ST CITY: ST LOUIS STATE: MO ZIP: 63101-1826 BUSINESS PHONE: 3143423400 MAIL ADDRESS: STREET 1: 701 MARKET ST CITY: ST LOUIS STATE: MO ZIP: 63101-1826 FORMER COMPANY: FORMER CONFORMED NAME: P&L COAL HOLDINGS CORP DATE OF NAME CHANGE: 19980623 8-K 1 c70750e8vk.txt FORM 8-K ================================================================================ SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported) JULY 22, 2002 ---------------------- PEABODY ENERGY CORPORATION - -------------------------------------------------------------------------------- (Exact name of registrant as specified in its charter) DELAWARE 1-16463 13-4004153 - ---------------------------------- ---------------------------------- ------------------------------------ (State or other jurisdiction of (Commission File Number) (I.R.S. Employer Identification No.) incorporation or organization) 701 MARKET STREET, ST. LOUIS, MISSOURI 63101 - ----------------------------------------------------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (314) 342-3400 -----------------------------
N/A - -------------------------------------------------------------------------------- (Former name or former address, if changed since last report.) ================================================================================ ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE. On July 22, 2002, Peabody Energy Corporation issued a press release regarding a favorable arbitration ruling related to pricing of its coal sales to the Navajo Generating Station in Page, Arizona. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS 99.1 Press release of Peabody Energy Corporation dated July 22, 2002. SIGNATURE 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 hereunto duly authorized. PEABODY ENERGY CORPORATION Date: July 23, 2002 /s/ RICHARD A. NAVARRE --------------------------- Richard A. Navarre Executive Vice President and Chief Financial Officer 2 EXHIBIT INDEX The exhibits below are numbered in accordance with the Exhibit Table of Item 601 of Regulation S-K. Exhibit No. Description of Exhibit 99.1 Press release of Peabody Energy Corporation dated July 22, 2002. 3 EX-99.1 3 c70750exv99w1.txt PRESS RELEASE EXHIBIT 99.1 [PEABODY ENERGY LOGO] PEABODY ENERGY NEWS RELEASE CONTACT: Vic Svec (314) 342-7768 FOR IMMEDIATE RELEASE July 22, 2002 RULING INCREASES PRICE ON 8 MILLION TONS PER YEAR OF PEABODY ENERGY (NYSE: BTU) COAL SALES SUPPLIES ST. LOUIS, July 22 - Peabody Energy received notification of a favorable arbitration ruling on July 20, 2002, that establishes higher per-ton pricing on 8 million tons per year of its coal sales to the Navajo Generating Station in Page, Ariz. The ruling increases pricing on 42 million tons of coal supplies delivered from 1997 through 2001 and increases pricing for ongoing coal supplies from 2002 and thereafter under a long-term sales agreement. The benefit related to prior shipments is estimated to be approximately $20 million, which will increase the company's 2002 earnings guidance by approximately $0.30 per share. The company is evaluating the ruling to determine the full expected impact. Peabody and the participants in the Navajo Generating Station began arbitration proceedings in September 2000 to resolve a dispute over certain pricing provisions related to coal supplies beginning in January 1997. Following hearings in May, a three-member arbitration panel issued its final ruling, and the American Arbitration Association subsequently reviewed the proceedings and issued the final report. Peabody Energy (NYSE: BTU) is the world's largest private-sector coal company, with 2001 sales of 194 million tons of coal and $2.7 billion in revenues. Its coal fuels more than 9 percent of all U.S. electricity generation and more than 2 percent of worldwide electricity generation. Certain statements in this press release are forward looking as defined in the Private Securities Litigation Reform Act of 1995. These statements involve certain risks and uncertainties that may cause actual results to differ materially from expectations as of the date of this release. These risks include, but are not limited to: continued growth in coal and power markets; future economic conditions; severity of weather; railroad performance; the ability to renew coal sales contracts upon expiration or renegotiation; risks of coal mining including geological conditions; the ability to successfully implement operating strategies; regulatory and court decisions; future legislation; credit and market risk associated with the company's customers; and other risks detailed from time to time in the company's reports filed with the Securities and Exchange Commission. These factors are difficult to accurately predict and may be beyond the control of the company. -----END PRIVACY-ENHANCED MESSAGE-----