-----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, UWxduhIaEqdZeP8NoGob1PWF7yisT6PCCzd3lZRPqs+omA4hhnE427+gWO2H7RA0 Xu792zvPdJj0ih3fCPcYEw== 0000070145-04-000108.txt : 20040915 0000070145-04-000108.hdr.sgml : 20040915 20040915153658 ACCESSION NUMBER: 0000070145-04-000108 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040915 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20040915 DATE AS OF CHANGE: 20040915 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NATIONAL FUEL GAS CO CENTRAL INDEX KEY: 0000070145 STANDARD INDUSTRIAL CLASSIFICATION: NATURAL GAS DISTRIBUTION [4924] IRS NUMBER: 131086010 STATE OF INCORPORATION: NJ FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-03880 FILM NUMBER: 041031627 BUSINESS ADDRESS: STREET 1: 6363 MAIN STREET CITY: WILLIAMSVILLE STATE: NY ZIP: 14221-5887 BUSINESS PHONE: 716-857-7000 MAIL ADDRESS: STREET 1: 6363 MAIN STREET STREET 2: 6363 MAIN STREET CITY: WILLIAMSVILLE STATE: NY ZIP: 14221-5887 8-K 1 form8k_091504.htm FORM 8K, 9/15/04 Form 8-k re Pennsylvania Rate Filing, 9-15-04

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): September 15, 2004

NATIONAL FUEL GAS COMPANY

(Exact name of registrant as specified in its charter)

          New Jersey                1-3880                    13-1086010
(State or other jurisdiction
 of incorporation)
(Commission File Number)
                        
(IRS Employer or Identification No.)

  6363 Main Street, Williamsville, New York
(Address of principal executive offices)
   14221
(Zip Code)
     
  Registrant's telephone number, including area code: (716) 857-7000

        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 7.01 Regulation FD Disclosure

        On September 15, 2004, the Pennsylvania division of National Fuel Gas Distribution Corporation, a natural gas utility and wholly owned subsidiary of National Fuel Gas Company (the “Company”), issued a press release regarding a request to raise delivery service charges filed with the Pennsylvania Public Utility Commission. A copy of this press release is hereby incorporated by reference into this Item 7.01 and furnished as part of this Current Report as Exhibit 99.

        Neither the furnishing of the press release as an exhibit to this Current Report nor the inclusion in such press release of a reference to the Company’s internet address shall, under any circumstances, be deemed to incorporate the information available at such internet address into this Current Report. The information available at the Company’s internet address is not part of this Current Report or any other report filed or furnished by the Company with the Securities and Exchange Commission.

Item 9.01 Financial Statements and Exhibits

            (c)   Exhibits

  Exhibit 99 Press Release issued September 15, 2004 regarding request to
raise delivery service charges

        Certain statements contained herein or incorporated by reference from the press release, including statements designated with an asterisk (“*”) and statements identified by the use of the words “anticipates,” “expects,” “intends,” “plans,” “predicts,” “projects,” and similar expressions, are “forward-looking statements” as defined by the Private Securities Litigation Reform Act of 1995. There is no assurance that the Company’s projections will in fact be achieved. While the Company’s expectations, beliefs and projections are expressed in good faith and are believed to have a reasonable basis, actual results may differ materially from those in the forward-looking statement. Furthermore, each forward-looking statement speaks only as of the date on which it is made, and the Company undertakes no obligation to update the statement to reflect events or circumstances after the date on which it is made or to reflect the occurrence of unanticipated events. In addition to other factors, the following are important factors that could cause actual results to differ materially from those discussed in the forward-looking statements: changes in economic conditions, including economic disruptions caused by terrorist activities or acts of war; changes in demographic patterns and weather conditions, including the occurrence of severe weather; changes in the availability and/or price of natural gas, oil and coal; significant changes in competitive factors affecting the Company; governmental/regulatory actions, initiatives and proceedings, including those affecting acquisitions, financings, allowed rates of return, industry and rate structure, franchise renewal, and environmental/safety requirements; unanticipated impacts of restructuring initiatives in the natural gas and electric industries; changes in the availability and/or price of derivative financial instruments; changes in laws and regulations to which the Company is subject, including tax, environmental, safety and employment laws and regulations; or the cost and effects of legal and administrative claims against the Company. The Company disclaims any obligation to update any forward-looking statements to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.


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.

NATIONAL FUEL GAS COMPANY

By: /s/ James R. Peterson
       James R. Peterson
       Assistant Secretary


EXHIBIT INDEX

  Exhibit Number Description
     
  99 Press Release issued September 15, 2004 regarding request to raise delivery service charges
EX-99 2 ex99_091504.htm EX 99 TO FORM 8-K, 9/15/04 Exhibit 99 to Form 8-K 09-15-04

Exhibit 99

NEWS   National Fuel
[graphic omitted]   PO BOX 2081 / 1100 STATE STREET / ERIE, PA 16512
     
    RELEASE DATE:    September 15, 2004
     
    FOR ADDITIONAL INFORMATION PLEASE CALL
     Nancy J. Taylor                                    
   
814-871-8699 Office
814-451-4058 Pager (Key in number after tone)

National Fuel Requests Service Cost Increase
For Pennsylvania

        National Fuel Gas Distribution Corporation’s Pennsylvania Division today filed a request with the Pennsylvania Public Utility Commission (PUC) to increase annual operating revenues by $22,780,000 to cover increases in the cost of providing service, to be effective November 14, 2004. If approved as filed, the average bill for a typical residential customer using 96 hundred cubic feet of gas per month would increase $8.83, from $117.82 to $126.65 per month or by 7.5%.*

        Several factors are driving this request. They include increases in the costs associated with the Company’s ongoing construction program as well as increases in difficult-to-control costs such as uncollectible accounts and personnel expenses.

        “This is only the second time in nine years that National Fuel’s Pennsylvania Division has requested an increase in the rates associated with the cost of service,” said Nancy Taylor, Senior Manager of Corporate Communications in Erie, Pennsylvania. “During the course of those nine years, we have done everything we can to manage our costs effectively.” Those cost-containment efforts include a significant reduction in manpower and a consolidation of facilities, both achieved without compromising safety and reliability. Debt has also been refinanced to achieve the lowest rates available.

— MORE —


NATIONAL FUEL REQUESTS SERVICE COST INCREASE FOR PENNSYLVANIA
PAGE 2
SEPTEMBER 15, 2004

        “In January of this year, we were granted a 1.3% increase in the rates associated with providing service. But costs have continued to rise, making it necessary at this time to request an increase in the rates charged to our Pennsylvania customers.” The PUC will examine the requested rate increase and may grant all, some or none of the request.*

        Customers can call National Fuel at 1-800-365-3234 to obtain additional information about the proposed rate increase.

        National Fuel serves approximately 214,000 customers in 14 counties in northwestern Pennsylvania.


*Certain statements contained herein, including those which are designated with an asterisk (“*”) and those which use words such as “anticipates,” “estimates,” “expects,” “intends,” “plans,” “predicts,” “projects,” and similar expressions, are “forward-looking statements” as defined by the Private Securities Litigation Reform Act of 1995. Forward-looking statements involve risks and uncertainties which could cause actual results or outcomes to differ materially from those expressed in the forward-looking statements. The Company’s expectations, beliefs and projections contained herein are expressed in good faith and are believed to have a reasonable basis, but there can be no assurance that such expectations, beliefs or projections will result or be achieved or accomplished. In addition to other factors, the following are important factors that could cause actual results to differ materially from those discussed in the forward-looking statements: changes in economic conditions, including economic disruptions caused by terrorist activities or acts of war; changes in demographic patterns and weather conditions, including the occurrence of severe weather; changes in the availability and/or price of natural gas, oil and coal; significant changes in competitive factors affecting the Company; governmental/regulatory actions, initiatives and proceedings, including those affecting acquisitions, financings, allowed rates of return, industry and rate structure, franchise renewal, and environmental/safety requirements; unanticipated impacts of restructuring initiatives in the natural gas and electric industries; changes in the availability and/or price of derivative financial instruments; changes in laws and regulations to which the Company is subject, including tax, environmental, safety and employment laws and regulations; or the cost and effects of legal and administrative claims against the Company. The Company disclaims any obligation to update any forward-looking statements to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

— 30 —

-----END PRIVACY-ENHANCED MESSAGE-----