-----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, V3h8wS/rfgi/DhAQj+lPB1IhWPud8vzHeqN4J5lVPQPbD4O6QrZLHM+t4fFjZ7xK H1i7ecoy6rtaEU/6MktPbg== 0001019687-06-002764.txt : 20061115 0001019687-06-002764.hdr.sgml : 20061115 20061115163150 ACCESSION NUMBER: 0001019687-06-002764 CONFORMED SUBMISSION TYPE: NT 10-Q PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20060930 FILED AS OF DATE: 20061115 DATE AS OF CHANGE: 20061115 EFFECTIVENESS DATE: 20061115 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Pacific Ethanol, Inc. CENTRAL INDEX KEY: 0000778164 STANDARD INDUSTRIAL CLASSIFICATION: INDUSTRIAL ORGANIC CHEMICALS [2860] IRS NUMBER: 412170618 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: NT 10-Q SEC ACT: 1934 Act SEC FILE NUMBER: 000-21467 FILM NUMBER: 061220294 BUSINESS ADDRESS: STREET 1: 5711 N. WEST AVENUE CITY: FRESNO STATE: CA ZIP: 93711 BUSINESS PHONE: 559-435-1771 MAIL ADDRESS: STREET 1: 5711 N. WEST AVENUE CITY: FRESNO STATE: CA ZIP: 93711 FORMER COMPANY: FORMER CONFORMED NAME: ACCESSITY CORP DATE OF NAME CHANGE: 20030627 FORMER COMPANY: FORMER CONFORMED NAME: DRIVERSSHIELD COM CORP DATE OF NAME CHANGE: 20001115 FORMER COMPANY: FORMER CONFORMED NAME: FIRST PRIORITY GROUP INC DATE OF NAME CHANGE: 19920703 NT 10-Q 1 pacethanol_nt10q-093006.htm NOTIFICATION OF LATE FILING Notification of Late Filing
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
 
FORM 12B-25
 
NOTIFICATION OF LATE FILING
 
SEC File No. 0-21467
CUSIP No. 69423U 10 7
 
(Check One):   Form 10-K £       Form 20-F £       Form 11-K £       Form 10-Q S       Form N-SAR £
 
For Period Ended:  September 30, 2006
 
£ Transition Report on Form 10-K
£ Transition Report on Form 20-F
£ Transition Report on Form 11-K
£ Transition Report on Form 10-Q
£ Transition Report on Form N-SAR
For the Transition Period Ended: ________________________
 
Read Instruction (on back page) Before Preparing Form. Please Print or Type.
Nothing in this form shall be construed to imply that the Commission has verified any
information contained herein.
 
If the notification relates to a portion of the filing checked above, identify the item(s) to which the notification relates:
 
 PART I - REGISTRANT INFORMATION
 
Pacific Ethanol, Inc.           
 Full Name of Registrant:
 
 
 Former Name if Applicable
 
5711 N. West Avenue           
 Address of Principal Executive Office (Street and Number)
 
Fresno, California 93711          
City, State, Zip Code 
 
PART II - RULES 12b-25 (b) AND (c)
 
If the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b), the following should be completed. (Check box if appropriate)
 
 
(a)
The reasons described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;
 
S
(b)
The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, 11-K or Form N-SAR, or portion thereof, will be filed on or before the 15th calendar day following the prescribed due date; or the subject quarterly report of transition report on Form 10-Q, or portion thereof will be filed on or before the fifth calendar day following the prescribed due date; and
 
 
(c)
The accountant's statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.


PART III - NARRATIVE
 
State below in reasonable detail the reasons why Forms 10-K, 11-K, 20-F, 10-Q, N-SAR or the transition report or portion thereof could not be filed within the prescribed time period.
 
The Registrant was unable to file its quarterly report on Form 10-Q in a timely manner without unreasonable effort or expense because management needs additional time to complete the financial disclosures in the report. The delay in management’s completion of the financial disclosures is primarily due to the substantial workload borne by a relatively small accounting staff. The Registrant also experienced unexpected turnover of accounting personnel following the end of the third quarter and during the accounting staff’s intense efforts to complete the Registrant’s financial disclosures in the report. In addition, the Registrant’s new accounting systems were not fully implemented and the Registrant’s accounting staff was not adequately trained to utilize the systems. Finally, the Registrant’s accounting staff expended substantial efforts in preparation for the Registrant’s attempt to comply with Section 404 of the Sarbanes-Oxley Act of 2002.
 
Management has been working diligently to complete the financial disclosures and anticipates that the report will be filed no later than Monday, November 20, 2006.
 
Management is also working diligently to expand the Registrant’s accounting staff, complete implementation of its new accounting systems and extensively train its accounting staff to utilize the systems to ensure the timely filing of future periodic reports without the necessity of a filing extension.
 
PART IV - OTHER INFORMATION
 
(1) Name and telephone number of person to contact in regard to this notification:
 
 
 
William G. Langley
  
 
(559) 
  
 
435-1771
 
(Name)
  
(Area Code)
(Telephone No.)
 
(2) Have all other periodic reports required under Section 13 or 15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant was required to file such report(s) been filed? If the answer is no, identify report(s).
 
S Yes £ No
 
(3) Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof?
S Yes £ No
 
If so: attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made.
 
The Registrant achieved record revenue and expects to report profitability for the first time. The Registrant cannot provide further reasonable estimates of its results of operations for the reasons set forth above under Part III.
 
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Pacific Ethanol, Inc.
(Name of Registrant as Specified in Charter)
 
has caused this notification to be signed on its behalf by the undersigned thereunto duly authorized.
 
     
Date:  November 15, 2006  By:   /s/William G. Langley                                             
  William G. Langley, Chief Financial Officer
 
INSTRUCTION: The form may be signed by an executive officer of the registrant or by any other duly authorized representative. The name and title of the person signing the form shall be typed or printed beneath the signature. If the statement is signed on behalf of the registrant by an authorized representative (other than an executive officer), evidence of the representative's authority to sign on behalf of the registrant shall be filed with the form.
 
ATTENTION
Intentional misstatements or omissions of fact constitute Federal Criminal Violations (See 18 U.S.C. 1001).
 
GENERAL INSTRUCTIONS
 
1.
 
This form is required by Rule 12b-25 (17 CRF 240.12b-25) of the General Rules and Regulations under the Securities Exchange Act of 1934.
 
2.
 
One signed original and four conformed copies of this form and amendments thereto must be completed and filed with the Securities and Exchange Commission, Washington, D.C. 20549, in accordance with Rule 0-3 of the General Rules and Regulations under the Act. The information contained in or filed with the form will be made a matter of public record in the Commission files.
 
3.
 
A manually signed copy of the form and amendments thereto shall be filed with each national securities exchange on which any class of securities of the registrant is registered.
 
4.
 
Amendments to the notifications must also be filed on form 12b-25 but need not restate information that has been correctly furnished. The form shall be clearly identified as an amended notification.
 
5.
 
ELECTRONIC FILERS. This form shall not be used by electronic filers unable to timely file a report solely due to electronic difficulties. Filers unable to submit a report within the time period prescribed due to difficulties in electronic filing should comply with either Rule 201 or Rule 202 of Regulation S-T (Section 232.201 or Section 232.202 of this chapter) or apply for an adjustment in filing date pursuant to Rule 13(b) of Regulation S-T (Section 232.13(b) of this chapter).
 
 
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