Form 8-K

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) November 21, 2006 (November 20, 2006)

 


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)

Registrants telephone number, including area code: (804) 788-1800

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 7.01. Regulation FD Disclosure.

On November 20, 2006, Massey Energy Company (the “Registrant”) issued a press release, attached as Exhibit 99.1 hereto, which is incorporated herein by reference into this Item 7.01, which (i) announced that its Board of Directors, in conjunction with an independent review provided by the investment banking firm Goldman, Sachs & Co., has evaluated the Company’s strategic operating plan and is considering a range of alternatives to enhance shareholder value and (ii) updated guidance for 2007.

This Current Report on Form 8-K and the press release attached hereto are being furnished by the Registrant pursuant to Item 7.01 “Regulation FD Disclosure.” In accordance with General Instruction B.2 of Form 8-K, the information contained 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 or Sections 11 and 12(a)(2) of the Securities Act of 1933, as amended. In addition, this information shall not be deemed incorporated by reference into any of the Registrant’s filings with the Securities and Exchange Commission, except as shall be expressly set forth by specific reference in any such filing.

Item 9.01. Financial Statements and Exhibits.

(c) Exhibits.

 

Exhibit

Number

 

Description of Exhibit

99.1   Press release dated November 20, 2006 issued by the Registrant entitled “Massey Energy Continues its Strategic Review and Updates Guidance for 2007.”

 

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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.

 

  MASSEY ENERGY COMPANY
Date: November 21, 2006   By:  

/s/ Richard R. Grinnan

  Name:   Richard R. Grinnan
  Title:   Vice President and Corporate Secretary

 

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Exhibit Index

 

99.1    Press release dated November 20, 2006 issued by the Registrant entitled “Massey Energy Continues its Strategic Review and Updates Guidance for 2007.”

 

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