8-K 1 form_8k.htm DECLARATORY JUDGMENT

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, DC 20549


FORM 8-K


CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934

January 7, 2005 (January 6, 2004)
Date of report (Date of earliest event reported)





Commission
File Number

Name of Registrant
State of Incorporation
Address of Principal Executive
Offices and Telephone Number

IRS Employer
Identification Number

1-267 ALLEGHENY ENERGY, INC.
(A Maryland Corporation)
800 Cabin Hill Drive
Greensburg, Pennsylvania 15601
Telephone (724) 837-3000
13-5531602

333-72498

ALLEGHENY ENERGY SUPPLY COMPANY, LLC
(A Delaware Limited Liability Company)
4350 Northern Pike
Monroeville, Pennsylvania 15601
Telephone (412) 858-1600

23-3020481

1-5164

MONONGAHELA POWER COMPANY
(An Ohio Corporation)
1310 Fairmont Avenue
Fairmont, West Virginia
Telephone (304) 366-3000

13-5229392


N/A
(Former name or former address, 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 6, 2005, Allegheny Energy, Inc. announced that its subsidiaries, Allegheny Energy Supply Company, LLC and Monongahela Power Company, asked a United States district court in West Virginia to declare that their coal-fired power plants are in compliance with the federal Clean Air Act.

        A copy of the press release relating to this announcement is attached as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference.

Item 9.01 Financial Statements and Exhibits

(c) Exhibits

Exhibit Number
Description
99.1 Press release issued by Allegheny Energy, Inc. on January 6, 2005.





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SIGNATURES

                    Pursuant to the requirements of the Securities Exchange Act of 1934, each of the registrants has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.





Dated: January 7, 2005
ALLEGHENY ENERGY, INC.


BY: /S/ JEFFREY D. SERKES
——————————————
Name:  Jeffrey D. Serkes
Title: Senior Vice President and
           Chief Financial Officer





Dated: January 7, 2005
ALLEGHENY ENERGY SUPPLY COMPANY, LLC


BY: /S/ JEFFREY D. SERKES
——————————————
Name:  Jeffrey D. Serkes
Title: Vice President





Dated: January 7, 2005
MONONGAHELA POWER COMPANY


BY: /S/ JEFFREY D. SERKES
——————————————
Name:  Jeffrey D. Serkes
Title: Vice President

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EXHIBIT INDEX

Exhibit Number
Description

99.1

Press release issued by Allegheny Energy, Inc. on January 6, 2005 (filed herewith).