-----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, GOPc+sSE7JfATWshtZZ7/avRWS4Rd9sIJkqHvN5vFnl979Gc1pPUPNa33HpWKHO6 hd7mk18n7WLemvvRILsf0w== 0000930661-03-000754.txt : 20030219 0000930661-03-000754.hdr.sgml : 20030219 20030219133742 ACCESSION NUMBER: 0000930661-03-000754 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030219 ITEM INFORMATION: Other events FILED AS OF DATE: 20030219 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EL PASO ELECTRIC CO /TX/ CENTRAL INDEX KEY: 0000031978 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 740607870 STATE OF INCORPORATION: TX FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-14206 FILM NUMBER: 03572289 BUSINESS ADDRESS: STREET 1: 303 N OREGON ST CITY: EL PASO STATE: TX ZIP: 79901 BUSINESS PHONE: 9155435711 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):

February 19, 2003

 


 

El Paso Electric Company

(Exact name of registrant as specified in its charter)

 

Texas

 

0-296

 

74-0607870

(State or other jurisdiction

of incorporation)

 

(Commission File Number)

 

(I.R.S. Employer

Identification No.)

 

Stanton Tower, 100 North Stanton, El Paso, Texas

 

79901

(Address of principal executive offices)

 

(Zip Code)

 

(915) 543-5711

(Registrant’s telephone number, including area code)

 



 

Item 5.    Other Events and Regulation FD Disclosure

 

El Paso Electric Company (the “Company”) issued a news release stating that it has received a letter from a shareholder requesting that the Company initiate a derivative action against its Board of Directors. A copy of the news release as issued by the Company is attached as an Exhibit.


 

INDEX TO EXHIBITS

 

Exhibit Number


  

Title


99.01—  

  

News Release dated as of February 18, 2003, issued by El Paso Electric Company, disclosing request by a shareholder to initiate a derivative action.


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.

 

EL PASO ELECTRIC COMPANY

By:

 

/s/    Terry Bassham


   

Terry Bassham

Executive Vice President,

Chief Financial and

Administrative Officer

(Duly Authorized Officer and

Principal Financial Officer)

 

Dated:    February 19, 2003

EX-99.01 3 dex9901.htm PRESS RELEASE Press Release

EXHIBIT 99.01

 

El Paso Electric

 

[EL PASO LOGO]

 

 

NEWS RELEASE

 

For Immediate Release

 

Contact:

   

Date: February 18, 2003

 

Media

 

Analysts

   

Teresa Souza

 

Cynthia Gamez

   

915/543-5823

 

915/543-2213

 

EL PASO ELECTRIC REQUESTED TO CONDUCT INQUIRY

 

On February 10, 2003, El Paso Electric (NYSE: EE or the Company) received a letter initiating a legal proceeding known as a shareholder derivative action. The letter, written by a Pennsylvania law firm on behalf of the holder of approximately 200 shares of EE common stock (the shareholder), requests that EE commence a lawsuit against each member of the Board of Directors to recover damages allegedly sustained by EE as a result of alleged breaches of fiduciary duties by the Board.

 

The shareholder contends that from 1997 to 2002 the Board knowingly caused, or allowed, EE to participate in improper transactions with Enron Corporation and certain of its subsidiaries. The allegations appear to duplicate factual questions first raised by the Federal Energy Regulatory Commission (FERC) in an investigation of power markets in the Western United States during 2000 and 2001. The Company and the FERC Trial Staff reached a settlement of the FERC investigation which was announced on December 5, 2002. The Company has also reached a settlement with the principal intervenors in the FERC investigation, including the California Attorney General and the California Public Utility Commission. Each of these settlements is pending final FERC approval. In the settlements, EE has denied any violation of any statute or FERC rule in conducting its wholesale trading activities.

 

In accordance with Texas law, EE will conduct an independent inquiry to determine whether a lawsuit against the Board is in the best interest of the Company.

 

###

 

 

El Paso Electric · P.O. Box 982 · El Paso, Texas 79960

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