0001193125-11-097970.txt : 20110414 0001193125-11-097970.hdr.sgml : 20110414 20110414162134 ACCESSION NUMBER: 0001193125-11-097970 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20110411 ITEM INFORMATION: Termination of a Material Definitive Agreement ITEM INFORMATION: Other Events FILED AS OF DATE: 20110414 DATE AS OF CHANGE: 20110414 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CONSOL Energy Inc CENTRAL INDEX KEY: 0001070412 STANDARD INDUSTRIAL CLASSIFICATION: BITUMINOUS COAL & LIGNITE SURFACE MINING [1221] IRS NUMBER: 510337383 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-14901 FILM NUMBER: 11759925 BUSINESS ADDRESS: STREET 1: C/O CONSOL INC STREET 2: 1800 WASHINGTON RD CITY: PITTSBURGH STATE: PA ZIP: 15241 BUSINESS PHONE: 724-485-4000 MAIL ADDRESS: STREET 1: CNX CENTER STREET 2: 1000 CONSOL ENERGY DRIVE CITY: CANONSBURG STATE: PA ZIP: 15317 FORMER COMPANY: FORMER CONFORMED NAME: CONSOL ENERGY INC DATE OF NAME CHANGE: 19980915 8-K 1 d8k.htm FORM 8-K Form 8-K

 

 

UNITED STATES

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): April 11, 2011

 

 

CONSOL Energy Inc.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware   001-14901   51-0337383

(State or other jurisdiction

of incorporation)

  

(Commission

File Number)

  

(IRS Employer

Identification No.)

 

CNX Center

1000 CONSOL Energy Drive

Canonsburg, Pennsylvania 15317

(Address of principal executive offices)

(Zip code)

Registrant’s telephone number, including area code:

(724) 485-4000

Not applicable

(Former name or former address, if changed since last report)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 

Item 1.02 Termination of a Material Definitive Agreement.

On April 11, 2011 (the “Redemption Date”), CONSOL Energy Inc. (the “Company”) completed its previously disclosed redemption of all of its 7.875% Senior Secured Notes due March 1, 2012 (the “7.875% Notes”). The 7.875% Notes were redeemed for a total of $267,972,500, representing the sum of the present values of the remaining scheduled payments of principal and interest on the 7.875% Notes redeemed, discounted to the Redemption Date on a semiannual basis at the treasury rate plus 45 basis points, as determined by the reference treasury dealers on the third business day prior to the Redemption Date, plus accrued and unpaid interest thereon, thereby terminating and discharging all of the Company’s obligations under the 7.875% Notes and the related indenture, dated March 2, 2002, among the Company, the subsidiary guarantors named therein, and The Bank of Nova Scotia Trust Company of New York, as trustee (as supplemented, the “Indenture”) other than those provisions that survive discharge of the Indenture.

 

Item 8.01 Other Events.

On July 21, 2010, the Dodd-Frank Wall Street and Consumer Protection Act (the “Dodd-Frank Act”) was enacted. Section 1503 of the Dodd-Frank Act contains new reporting requirements regarding mine safety, including disclosing the receipt of an imminent danger order under section 107(a) of the Federal Mine Safety and Health Act of 1977 (the “Mine Act”) issued by the Mine Safety and Health Administration (“MSHA”) in a Current Report on Form 8-K.

On April 11, 2011, Consolidation Coal Company, a subsidiary of the Company and the operator of the Company’s Blacksville No. 2 mine (the “Blacksville Mine”) located in Monongalia County, West Virginia, received an imminent danger order (the “Order”) with respect to the Blacksville Mine under Section 107(a) of the Mine Act. Imminent danger orders are generally issued by MSHA in situations in which MSHA determines that an imminent danger exists and results in orders of immediate withdrawal from the area of the mine affected by the condition.

The Order stated that a preparation plant electrician, who was performing work on an electrical component at the Blacksville Mine, was observed standing on the horizontal forks of a forklift that were elevated approximately 48 inches above ground level and that were approximately 12 inches from a steel cage gate and tower structure. In response to the Order, the electrician was removed from the fork lift immediately. The Order was terminated just minutes after it was issued. No injuries resulted from the condition described in the Order.

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 hereunto duly authorized.

 

CONSOL ENERGY INC.

By:

  

/s/ Stephen W. Johnson

  Stephen W. Johnson
  Senior Vice President & General Counsel

Dated: April 14, 2011