UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Sections 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 6, 2003 Phelps Dodge Corporation (Exact name of registrant as specified in its charter) New York 1-82 13-1808503 ------------------------- ------------------------- ------------------------ (State or other (Commission File Number) (I.R.S. Employer jurisdiction of Identification No.) incorporation) One North Central Avenue Phoenix, Arizona 85004 (Address of principal executive offices) (Zip Code) (602) 366-8100 (Registrant's telephone number, including area code) ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE On October 1, 2003, Phelps Dodge Corporation ("Phelps Dodge") issued a press release announcing that Phelps Dodge and the state of New Mexico have amended the agreement they reached in May to provide for financial assurance required as part of the closure and closeout plans related to the operation of Phelps Dodge subsidiaries at Chino, Tyrone and Cobre. A copy of the press release is attached hereto as Exhibit 99.1 and incorporated herein by reference. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS 99.1 Press release, dated October 1, 2003. 2 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 thereunto duly authorized. PHELPS DODGE CORPORATION (Registrant) Date: October 6, 2003 By: /s/ Ramiro G. Peru ----------------------------------- Name: Ramiro G. Peru Title: Senior Vice President and Chief Financial Officer 3 EXHIBIT INDEX 99.1 Press release, dated October 1, 2003. 4