-----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, T0wBV0lovlMZFdc9DXFjH8OD9Jcov/+eZLv6fW/n3bnVKUVovb14Xr/XebE7vnf+ Rb1wBLIaaFgmBZ29tp2sFQ== 0000203248-08-000036.txt : 20080515 0000203248-08-000036.hdr.sgml : 20080515 20080515172535 ACCESSION NUMBER: 0000203248-08-000036 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080515 ITEM INFORMATION: Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20080515 DATE AS OF CHANGE: 20080515 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SOUTHERN UNION CO CENTRAL INDEX KEY: 0000203248 STANDARD INDUSTRIAL CLASSIFICATION: NATURAL GAS DISTRIBUTION [4924] IRS NUMBER: 750571592 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-06407 FILM NUMBER: 08839497 BUSINESS ADDRESS: STREET 1: 5444 WESTHEIMER RD CITY: HOUSTON STATE: TX ZIP: 77056-5306 BUSINESS PHONE: (713) 989-2000 MAIL ADDRESS: STREET 1: 5444 WESTHEIMER RD CITY: HOUSTON STATE: TX ZIP: 77056-5306 8-K 1 suform8k051508.htm SU FORM 8K 051508 SU Form 8K 051508
UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Washington, DC 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) May 13, 2008

SOUTHERN UNION COMPANY
(Exact name of registrant as specified in its charter)


Delaware
1-6407
75-0571592
(State or other jurisdiction of incorporation)
(Commission File Number)
(I.R.S. Employer
Identification No.)


5444 Westheimer Road
Houston, Texas
(Address of principal executive offices)
77056-5306
(Zip Code)


Registrant's telephone number, including area code: (713) 989-2000



Check the appropriate box below if the Form 8−K/A 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 5.02 Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers

On May 15, 2008, Southern Union Company ("Southern Union" or the "Company") announced that it had appointed Eric D. Herschmann, 44, as President and Chief Operating Officer of the Company effective May 13, 2008. Mr. Herschmann has assumed the duties of President, which are being relinquished by George L. Lindemann. Mr. Lindemann retains his duties as Chairman and Chief Executive Officer of the Company.

Mr. Herschmann has served as counsel for Southern Union since 1996, was named national litigation counsel for the company in 1999 and served as the company’s interim general counsel from January 2005 through October 2007. Most recently, Mr. Herschmann has served as the Company’s Senior Executive Vice President, a title he has held since November 2005.
 
Mr. Herschmann, who resides in Englewood, New Jersey, will divide his time between the Company’s New York and Houston offices. The above described matters will not result in any modifications to the 2008 base salaries or non-equity incentive plan targets of Messrs. Lindemann and Herschmann.
 
Mr. Herschmann will maintain his equity interest in Kasowitz, Benson, Torres & Friedman, LP, where he has been a partner since 1996.

ITEM 7.01 REGULATION FD DISCLOSURE

On May 15, 2008, the Company issued a press release relating to the appointment of Eric D. Herschmann, 44, as President and Chief Operating Officer of the Company effective May 13, 2008. Mr. Herschmann has assumed the duties of President from George L. Lindemann. Mr. Lindemann retains his duties as the Company’s Chairman and Chief Executive Officer. A copy of that release is filed herewith as Exhibit 99.1.

ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS

(c) Exhibits.

                            Exhibit No.                          Exhibit

Company’s May 15, 2008  Press Release.
 

This 8-K includes forward-looking statements. Although Southern Union believes that its expectations are based on reasonable assumptions, it can give no assurance that such assumptions will materialize. Important factors that could cause actual results to differ materially from those in the forward-looking statements herein are enumerated in Southern Union's Forms 10-K and 10-Q as filed with the Securities and Exchange Commission. The Company assumes no obligation to publicly update or revise any forward-looking statements made herein or any other forward-looking statements made by the Company, whether as a result of new information, future events, or otherwise.

 


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.


                                                                                SOUTHERN UNION COMPANY
                                                                                (Registrant)


Date: May 15, 2008             /s/ Robert M. Kerrigan, III
                                                                                  Name: Robert M. Kerrigan, III
                                                                                  Title: Vice President - Assistant General Counsel
                                                                  and Secretary


EXHIBIT INDEX

                          Exhibit No.                         Description
 
 Company’s May 15,2008  Press Release



EX-99.1 2 suform8k051508ex991.htm SU FORM 8K 051508 EX 991 SU Form 8K 051508 Ex 991                                                                                                                                                                       & #160;                                                                                                             Exhibit 99.1
08-10
For further information:
John P. Barnett, Director of External Affairs
713-989-7556

John F. Walsh, Vice President of Investor Relations
212-659-3208


SOUTHERN UNION COMPANY NAMES
ERIC D. HERSCHMANN PRESIDENT AND COO

HOUSTON, May 15, 2008 - Southern Union Company (NYSE:SUG) today announced the promotion of Eric D. Herschmann, 44, to the offices of president and chief operating officer, effective May 13, 2008. Herschmann had served as senior executive vice president of the company since November 2005. 

George L. Lindemann, chairman and chief executive officer of Southern Union, said, “Eric’s business and legal acumen, coupled with his deep knowledge of the company and the natural gas industry, have added tremendous value to Southern Union.  We look forward to his future contributions in this critical leadership role.” 

Herschmann has served as counsel for Southern Union since 1996, was named national litigation counsel for the company in 1999 and served as the company’s interim general counsel from January 2005 through October 2007.  Herschmann has been involved in the company’s transactional activity since Southern Union’s sale of its Texas local distribution company to ONEOK in 2003.  In particular, Herschmann worked on the company’s Panhandle Energy and CrossCountry Energy pipeline acquisitions in 2003 and 2004, respectively, the acquisition of the Sid Richardson gathering and processing business (now known as Southern Union Gas Services) in 2006, the disposition of the Pennsylvania and Rhode Island local distribution companies also in 2006 and the redemption transaction with Energy Transfer in 2007 that resulted in Southern Union owning a 50% interest in Florida Gas Transmission.

Herschmann earned a B.A. in 1984 from Yeshiva University and a law degree in 1987 from Benjamin N. Cardozo School of Law, where he served as editor of the International Law Journal and member of the Moot Court Board.

Herschmann, who resides in Englewood, New Jersey, will divide his time between the company’s New York and Houston offices. 


About Southern Union Company
Southern Union Company, headquartered in Houston, is one of the nation’s leading diversified natural gas companies, engaged primarily in the transportation, storage, gathering, processing and distribution of natural gas. The company owns and operates one of the nation’s largest natural gas pipeline systems with approximately 20,000 miles of gathering and transportation pipelines and North America’s largest liquefied natural gas import terminal.
Through Panhandle Energy, Southern Union’s interstate pipeline interests operate approximately 15,000 miles of interstate pipelines that transport natural gas from the Anadarko and San Juan basins, the Rockies, the Gulf of Mexico, Mobile Bay and South Texas to major markets in the Southeast, Midwest and Great Lakes region.
Southern Union Gas Services, with approximately 4,800 miles of pipelines, is engaged in the gathering, transmission, treating, processing and redelivery of natural gas and natural gas liquids in Texas and New Mexico.
Through its local distribution companies, Missouri Gas Energy and New England Gas Company, Southern Union also serves more than half a million natural gas end-user customers in Missouri and Massachusetts.
For further information, visit www.sug.com.


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