-----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, VhGj1VMcnuHFvygWoBm9C9v+4YVSORVjKhmvQE2ey4SzmO/fuvl8y+5EjFCVciol t/ThM/O4TkT5YK/5ou3HPQ== 0000092122-02-000079.txt : 20021113 0000092122-02-000079.hdr.sgml : 20021113 20021113165232 ACCESSION NUMBER: 0000092122-02-000079 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20021112 ITEM INFORMATION: FILED AS OF DATE: 20021113 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SOUTHERN CO CENTRAL INDEX KEY: 0000092122 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 580690070 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-03526 FILM NUMBER: 02820623 BUSINESS ADDRESS: STREET 1: 270 PEACHTREE ST CITY: ATLANTA STATE: GA ZIP: 30303 BUSINESS PHONE: 4045065000 MAIL ADDRESS: STREET 1: 270 PEACHTREE STREET CITY: ATLANTA STATE: GA ZIP: 30303 8-K 1 so8-k.txt SOUTHERN COMPANY FORM 8-K 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) November 12, 2002 ----------------------------- THE SOUTHERN COMPANY - ----------------------------------------------------------------------------- (Exact name of registrant as specified in its charter) - ------------------------------------------------------------------------------- Delaware 1-3526 58-0690070 - ------------------------------------------------------------------------------- (State or other jurisdiction (Commission File (IRS Employer Identification of incorporation) Number) No.) 270 Peachtree Street, NW, Atlanta, Georgia 30303 - ------------------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (404) 506-5000 ----------------------------- N/A - ------------------------------------------------------------------------------- (Former name or former address, if changed since last report.) Item 9. Regulation FD Disclosure. The information in this Current Report on Form 8-K, including the exhibits listed below, is being furnished, not filed, pursuant to Regulation FD. The information in this report and in such exhibits shall not be deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended or otherwise subject to the liabilities under that Section. Furthermore, the information in this report and in such exhibits shall not be deemed to be incorporated by reference into the filings of The Southern Company ("Southern") under the Securities Act of 1933, as amended. On November 12, 2002, the Chief Executive Officer and the Chief Financial Officer of Southern each furnished to the Securities and Exchange Commission personal certifications pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. Copies of the certifications are furnished as Exhibits 99.01 and 99.02 to this Current Report. Exhibit 99.01 Certification of Chief Executive Officer of Southern, dated November 12, 2002, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. Exhibit 99.02 Certification of Chief Financial Officer of Southern, dated November 12, 2002, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. 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. Date: November 13, 2002 THE SOUTHERN COMPANY By /s/ Tommy Chisholm Tommy Chisholm Secretary EX-99 3 ex99-01.txt CERTIFICATION OF CHIEF EXECUTIVE OFFICER Exhibit 99.01 PURSUANT TO 18 U.S.C. SECTION 1350 In connection with the accompanying Quarterly Report on Form 10-Q of The Southern Company for the quarter ended September 30, 2002, I, Allen Franklin, Chairman, President and Chief Executive Officer, hereby certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that: (1) such Quarterly Report on Form 10-Q of The Southern Company for the quarter ended September 30, 2002, which this statement accompanies, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and (2) the information contained in such Quarterly Report on Form 10-Q of The Southern Company for the quarter ended September 30, 2002, fairly presents, in all material respects, the financial condition and results of operations of The Southern Company. /s/Allen Franklin Allen Franklin Chairman, President and Chief Executive Officer Date: November 12, 2002 EX-99 4 ex99-02.txt CEERTIFICATION OF CHIEF FINANCIAL OFFICER Exhibit 99.02 CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350 In connection with the accompanying Quarterly Report on Form 10-Q of The Southern Company for the quarter ended September 30, 2002, I, Gale E. Klappa, Executive Vice President, Chief Financial Officer and Treasurer, hereby certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that: (1) such Quarterly Report on Form 10-Q of The Southern Company for the quarter ended September 30, 2002, which this statement accompanies, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and (2) the information contained in such Quarterly Report on Form 10-Q of The Southern Company for the quarter ended September 30, 2002, fairly presents, in all material respects, the financial condition and results of operations of The Southern Company. /s/Gale E. Klappa Gale E. Klappa Executive Vice President, Chief Financial Officer and Treasurer Date: November 12, 2002 -----END PRIVACY-ENHANCED MESSAGE-----