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) July 30, 2003
MASSEY ENERGY COMPANY
(Exact name of registrant as specified in its charter)
| Delaware | 1-7775 | 95-0740960 | ||
| (State or other jurisdiction of Incorporation) |
(Commission File No. ) | (I.R.S. Employer Identification Number) | ||
| 4 North 4th Street, Richmond, Virginia | 23219 | |||
| (Address of principal executive offices) | (Zip Code) | |||
Registrant’s telephone number, including area code: (804) 788-1800
| Item 7. | Financial Statements, Pro Forma Financial Information and Exhibits. |
| (c) | Exhibits |
| 99.1 | Press Release | |
| Item 9. | Regulation FD Disclosure |
This Current Report on Form 8-K and the earnings press release attached hereto are being furnished by Massey Energy Company (the “Company”) pursuant to Item 12 of Form 8-K, in accordance with SEC Release Nos. 33-8216; 34-47583, insofar as they disclose historical information regarding the Company’s results of operations or financial condition for the second quarter and six months ended June 30, 2003.
On July 30, 2003, the Company issued a press release regarding its earnings for the second quarter ended June 30, 2003. A copy of this release is being furnished as Exhibit 99.1 to this Current Report on Form 8-K.
On the Company’s webcast conference call that took place at 11:00 a.m. ET on July 31, 2003, management revised its estimated average price per ton for the third quarter ended September 30, 2003, from the estimate reported in the press release of $30.75 to $31.00 per ton upwards to $31.40 per ton.
In accordance with General Instruction B.6 of Form 8-K, the information in this Current Report on Form 8-K, including Exhibit 99.1, 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 liability of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.
SIGNATURES
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.
| July 31, 2003 | MASSEY ENERGY COMPANY | |||||||
| By: | /s/ THOMAS J. DOSTART | |||||||
| Name: | Thomas J. Dostart | |||||||
| Title: | Vice President, General Counsel and Secretary | |||||||