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): May 19, 2020
PEABODY ENERGY CORPORATION
(Exact name of registrant as specified in its charter)
| | | | |
Delaware | | 1-16463 | | 13-4004153 |
(State or Other Jurisdiction
of Incorporation) | | (Commission
File Number) | | (I.R.S. Employer
Identification No.) |
| | |
701 Market Street, St. Louis, Missouri | | 63101-1826 |
(Address of Principal Executive Offices) | | (Zip Code) |
Registrant’s telephone number, including area code: (314) 342-3400
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)) |
Securities registered pursuant to Section 12(b) of the Act:
| | | | |
Title of each class | | Trading Symbol(s) | | Name of each exchange on which registered |
Common Stock, par value $0.01 per share | | BTU | | New York Stock Exchange |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
| Item 1.04 | Mine Safety - Reporting of Shutdowns and Patterns of Violations. |
On July 21, 2010, the Dodd-Frank Wall Street and Consumer Protection Act (the “Act”) was enacted. Section 1503 of the Act requires a Current Report on Form 8-K if a company is issued an imminent danger order under Section 107(a) of the Federal Mine Safety and Health Act of 1977 (the “Mine Act”) by the federal Mine Safety and Health Administration (“MSHA”).
On May 19, 2020, Peabody Southeast Mining, LLC, a subsidiary of Peabody Energy Corporation (the “Company”), received an imminent danger order under Section 107(a) of the Mine Act at the Shoal Creek underground mine located in Jefferson County, Alabama (the “Shoal Creek Mine”). During an examination of a longwall conveyor beltline, an MSHA representative identified water and wet muck situated underneath an energized 120-volt power cord being utilized as part of a device designed to detect belt damage. The MSHA representative opined that when the power cord was unplugged by the operation of the detection device, the power cord would fall into the water and wet muck underneath the device, creating an electrical shock hazard. Shoal Creek Mine personnel promptly took appropriate actions to alleviate the condition, and MSHA terminated the 107(a) order less than an hour following its issuance. No injuries resulted from the condition. While the Company disputes that the condition constituted an imminent danger as set forth under Section 107(a) and it will contest the issuance of the order, the Company will also conduct a review of the practice to ensure a safe workplace exists.
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.
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| | | | PEABODY ENERGY CORPORATION |
| | | | | | | |
May 26, 2020 | | | | By: | | /s/ Scott T. Jarboe |
| | | | Name: | | Scott T. Jarboe |
| | | | Title: | | Chief Legal Officer and Corporate Secretary |
