-----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, WG4Fm2fE38Ve3pHRptFE8oscaVORVaoq3J2RGeBNA0HeiP+iFPKZU/5pm3w/se4f ZmjJOSSpScDt3b8UvsR5uQ== 0000950134-03-000752.txt : 20030117 0000950134-03-000752.hdr.sgml : 20030117 20030117122857 ACCESSION NUMBER: 0000950134-03-000752 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030115 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20030117 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PEABODY ENERGY CORP CENTRAL INDEX KEY: 0001064728 STANDARD INDUSTRIAL CLASSIFICATION: BITUMINOUS COAL & LIGNITE SURFACE MINING [1221] IRS NUMBER: 134004153 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-16463 FILM NUMBER: 03517349 BUSINESS ADDRESS: STREET 1: 701 MARKET ST CITY: ST LOUIS STATE: MO ZIP: 63101-1826 BUSINESS PHONE: 3143423400 MAIL ADDRESS: STREET 1: 701 MARKET ST CITY: ST LOUIS STATE: MO ZIP: 63101-1826 FORMER COMPANY: FORMER CONFORMED NAME: P&L COAL HOLDINGS CORP DATE OF NAME CHANGE: 19980623 8-K 1 c74102e8vk.txt 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) JANUARY 15, 2003 ------------------------------- PEABODY ENERGY CORPORATION - -------------------------------------------------------------------------------- (Exact name of registrant as specified in its charter) DELAWARE 1-16463 13-4004153 - --------------------------------------- ---------------------------------- --------------------------------------- (State or other jurisdiction of (Commission File Number) (I.R.S. Employer Identification No.) incorporation or organization) 701 MARKET STREET, ST. LOUIS, MISSOURI 63101 - ------------------------------------------------------------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (314) 342-3400 -------------------------------------------------
N/A - -------------------------------------------------------------------------------- (Former name or former address, if changed since last report.) ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE. On January 15, 2003, Peabody Energy Corporation issued a press release regarding two events, an adverse U.S. Supreme Court ruling and the recognition of certain income tax benefits, that will impact earnings for the fourth quarter of 2002. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS. See the Exhibit Index at page 4 of this report. 2 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. PEABODY ENERGY CORPORATION Date: January 16, 2003 RICHARD A. NAVARRE ----------------------------------- Richard A. Navarre Executive Vice President and Chief Financial Officer 3 EXHIBIT INDEX The exhibits below are numbered in accordance with the Exhibit Table of Item 601 of Regulation S-K.
Exhibit No. Description of Exhibit ------- ---------------------- 99.1 Press release of Peabody Energy Corporation dated January 15, 2003.
4 EX-99.1 3 c74102exv99w1.txt PRESS RELEASE EXHIBIT 99.1 [PEABODY LOGO] PEABODY ENERGY NEWS RELEASE CONTACT: Vic Svec (314) 342-7768 FOR IMMEDIATE RELEASE January 15, 2003 PEABODY ENERGY (NYSE: BTU) ANNOUNCES EVENTS AFFECTING FOURTH QUARTER 2002 EARNINGS ST. LOUIS, Jan. 15 - Peabody Energy today announced that it expects to record a one-time $10 million after-tax charge and $38 million income tax benefit to fourth quarter 2002 earnings, both of which were not included in prior earnings targets. o An adverse U.S. Supreme Court ruling was received today regarding health care beneficiaries previously assigned to Peabody Coal Company and Eastern Associated Coal Corp., two Peabody units, by the Social Security Administration. The decision will result in an after-tax fourth quarter charge of approximately $10 million, or $0.19 per share. The ruling overturns a U.S. Court of Appeals decision in June 2001 that the Social Security Administration had improperly assigned approximately 300 beneficiaries to the units under the Coal Act, which resulted in the Social Security Administration withdrawing these assignments. This litigation, discussed in the company's filed financial documents, had been ongoing since 1999. As a result of the ruling, Eastern Associated and Peabody Coal will be responsible for the health care premiums of a defined group of retirees, who last worked with the units prior to 1976, and their beneficiaries. o Peabody expects to record an income tax benefit of approximately $38 million, or $0.70 per share, in the fourth quarter primarily due to recognition of previously reserved net operating loss carryforward benefits that were used to offset taxable gains on property sales in the fourth quarter. Peabody Energy (NYSE: BTU) is the world's largest private-sector coal company, with 2001 sales of 194 million tons of coal and $2.6 billion in revenues. Its coal products fuel more than 9 percent of all U.S. electricity generation and more than 2 percent of worldwide electricity generation. -----END PRIVACY-ENHANCED MESSAGE-----