-----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, De9YOQWJhL/k0YQOlv7wnhkcvKa3U4EW3+qC7J9XsMm9kFN9VX1Nks7oh/pWjyiI VnQGTVF5f64TonJsajBxgA== 0001108426-08-000134.txt : 20080826 0001108426-08-000134.hdr.sgml : 20080826 20080826153738 ACCESSION NUMBER: 0001108426-08-000134 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080826 ITEM INFORMATION: Other Events FILED AS OF DATE: 20080826 DATE AS OF CHANGE: 20080826 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PUBLIC SERVICE CO OF NEW MEXICO CENTRAL INDEX KEY: 0000081023 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 850019030 STATE OF INCORPORATION: NM FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-06986 FILM NUMBER: 081039322 BUSINESS ADDRESS: STREET 1: ALVARADO SQUARE CITY: ALBUQUERQUE STATE: NM ZIP: 87158 BUSINESS PHONE: 5058482700 MAIL ADDRESS: STREET 1: ALVARADO SQUARE CITY: ALBUQUERQUE STATE: NM ZIP: 87158 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PNM RESOURCES INC CENTRAL INDEX KEY: 0001108426 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 850019030 STATE OF INCORPORATION: NM FISCAL YEAR END: 0627 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32462 FILM NUMBER: 081039321 BUSINESS ADDRESS: STREET 1: ALVARADO SQUARE STREET 2: NEW MEXICO CITY: ALBUQUERQUE STATE: NM ZIP: 87158 BUSINESS PHONE: 5052412700 MAIL ADDRESS: STREET 1: ALVARADO SQUARE CITY: ALBUQUERQUE STATE: NM ZIP: 87158 FORMER COMPANY: FORMER CONFORMED NAME: MANZANO CORP DATE OF NAME CHANGE: 20000303 8-K 1 f8k_082608pnmr.htm FORM 8-K f8k_082608pnmr.htm

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)
 August 26, 2008
 
 
(August 20, 2008)
 

 
Commission
 
Name of Registrants, State of Incorporation,
 
I.R.S. Employer
File Number
 
Address and Telephone Number
 
Identification No.
         
001-32462
 
PNM Resources, Inc.
 
85-0468296
   
(A New Mexico Corporation)
   
   
Alvarado Square
   
   
Albuquerque, New Mexico  87158
   
   
(505) 241-2700
   
         
001-06986
 
Public Service Company of New Mexico
 
85-0019030
   
(A New Mexico Corporation)
   
   
Alvarado Square
   
   
Albuquerque, New Mexico  87158
   
   
(505) 241-2700
   
         
         
         
         
         
         
         
______________________________
 
(Former name, former address and former fiscal year, 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:
 
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 8.01  Other Events.
 
On January 12, 2008, Public Service Company of New Mexico (“PNM”), a wholly owned subsidiary of PNM Resources, Inc. (“PNMR”), reached a definitive agreement to sell its natural gas operations to New Mexico Gas Company (“NMGC”), a subsidiary of Continental Energy Systems LLC (“Continental”), for $620 million in cash.  The agreement contains a number of customary representations and warranties and indemnification provisions as well as closing conditions, including regulatory and third party approvals.   The sale of the natural gas operations is subject to, among other conditions, receiving approval from the New Mexico Public Regulation Commission (“NMPRC”).
 
On August 20, 2008, PNM, NMGC, the NMPRC staff, the New Mexico Attorney General’s Office and the International Brotherhood of Electrical Workers Local 611 signed a stipulation supporting approval of the pending sale. Other parties may oppose the stipulation or take no position. The NMPRC Hearing Examiner assigned to the case has scheduled hearings to start September 16, 2008, after which she will send the stipulation to the NMPRC with her recommendations.  The NMPRC will consider the stipulation and whether to approve the sale after the September 16 hearings.

The stipulation provides that, consistent with NMPRC precedent, PNM will retain all of the gain on the sale.  According to the stipulation, PNM and the New Mexico Attorney General agree to drop their respective New Mexico Supreme Court appeals regarding the NMPRC’s decision in PNM’s 2007 gas rate case.

    On August 20, 2008, PNMR issued a press release announcing the stipulation.  The press release is furnished herewith as Exhibit 99.1 and incorporated by reference herein.

 
Item 9.01  Financial Statements and Exhibits
 
 
(c) Exhibits.
 
 
Exhibit Number                    Exhibit
 
99.1
 
 Press Release dated August 20, 2008. 

 
2

 

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrants have duly caused this report to be signed on their behalf by the undersigned thereunto duly authorized.

 
PNM RESOURCES, INC.
 
PUBLIC SERVICE COMPANY OF NEW MEXICO
   
 
(Registrants)
   
   
Date:  August 26, 2008
/s/ Thomas G. Sategna
 
Thomas G. Sategna
 
Vice President and Corporate Controller
 
(Officer duly authorized to sign this report)



 
3

 

EX-99.1 2 exh99-1_082608.htm EXHIBIT 99.1 exh99-1_082608.htm
 
Exhibit 99.1


For Immediate Release
Aug. 20, 2008

Key Parties Reach Agreement for Approval of PNM Gas Operations Sale
Regulators to consider agreement after September hearings

(ALBUQUERQUE, N.M.) – An agreement among key parties that supports approval of the pending $620 million sale of the PNM natural gas operations to New Mexico Gas Company has been filed today with state regulators, PNM Resources (NYSE: PNM) announced today. N.M. Public Regulation Commissioners will consider the agreement, also called a stipulation, after hearings in September.

PNM, New Mexico Gas Company, NMPRC staff, the state Attorney General’s Office and the International Brotherhood of Electrical Workers Local 611 have signed the stipulation. Other parties may oppose the stipulation or take no position. The Hearing Examiner assigned to the case has scheduled hearings to start Sept. 16, after which she will send the stipulation to the NMPRC with her recommendations.

“This stipulation is fair to everyone involved, most importantly to our gas customers,” said Jeff Sterba, PNM Resources chairman and CEO. “It is a major positive development that puts us closer to our goal of closing the sale by the end of the year.”

The stipulation provides that, consistent with NMPRC precedent, PNM will retain all of the gain on the sale. The stipulation also calls for New Mexico Gas Company to freeze base rates for three years and to make average annual capital expenditures of at least $21.6 million for major projects and replacements during the rate freeze period. According to the stipulation, PNM and the Attorney General agree to drop their respective New Mexico Supreme Court appeals regarding the NMPRC’s decision in the 2007 gas rate case.

“This is a significant step toward receiving regulatory approval and we look forward to completing the remainder of the approval process," said George A. Schreiber, Jr., CEO of Continental Energy Systems LLC, the parent of New Mexico Gas.  "I want to assure our future customers that, once the transaction is completed, New Mexico Gas Company is committed to maintaining the highest standard of customer service and to continuing to be a solid corporate citizen.”
 
The stipulation is available at www.pnmresources.com/investors/regulatory.cfm.
 
(MORE)

 
 

 

PNM Gas Sale Stipulation Reached                                                                           8-20-08                                                p. 2 of 2
 

Background:
PNM Resources (NYSE: PNM) is an energy holding company based in Albuquerque, N.M., with 2007 consolidated operating revenues from continuing and discontinued operations of $2.4 billion. Through its utility and energy subsidiaries, PNM Resources serves electricity to more than 859,000 homes and businesses in New Mexico and Texas and natural gas to more than 495,000 customers in New Mexico. Its utility subsidiaries are PNM and Texas-New Mexico Power. Another subsidiary is First Choice Power, a deregulated competitive retail electric provider in Texas. With generation resources of approximately 2,700 megawatts, PNM Resources and its subsidiaries market power throughout the Southwest, Texas and the West. In addition, the company has a 50-percent ownership of EnergyCo, which owns approximately 920 megawatts of generation. For more information, visit www.PNMResources.com.


Safe Harbor Statement under the Private Securities Litigation Reform Act of 1995
Statements made in this news release that relate to future events or PNMR’s or PNM’s (collectively, “Issuers”) expectations, projections, estimates, intentions, goals, targets and strategies, are made pursuant to the Private Securities Litigation Reform Act of 1995.  Readers are cautioned that all forward-looking statements are based upon current expectations and estimates and Issuers assume no obligation to update this information. Because actual results may differ materially from those expressed or implied by these forward-looking statements, Issuers caution readers not to place undue reliance on these statements. Issuers’ business, financial condition, cash flow and operating results are influenced by many factors (which are often beyond their control) that can cause actual results to differ from those expressed or implied by the forward-looking statements. These factors include the risk that the closing of the pending sale of the PNM natural gas utility may not occur due to regulatory or other reasons.
 

 
CONTACTS:
Analysts                                                                                 Analysts & Media
Gina Jacobi, (505) 241-2211                                                                                  Frederick Bermudez, (505) 241-4831




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