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
May 6, 2009 (May 6, 2009)
Date of report (Date of earliest event reported)
ALLEGHENY ENERGY, INC.
(Exact name of registrant as specified in charter)
| | | | | |
Maryland
(State or Other Jurisdiction
of Incorporation) | | 1-267
(Commission File
Number) | | 13-5531602
(IRS Employer
Identification No.) |
| | | |
800 Cabin Hill Drive
Greensburg, Pennsylvania
(Address of principal executive of offices) | | 15601-1689
(Zip code) |
Registrant’s telephone number, including area code: (724) 837-3000
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:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 8.01 Other Events
In connection with a review of its executive compensation practices, Allegheny Energy, Inc. (the “Company”) has determined that (i) it will no longer include excise tax gross-up payment provisions in new and materially amended agreements with its officers that contain change in control provisions and (ii) any new participant entering the Company’s Executive Change in Control Severance Plan after May 5, 2009 is not and will not be entitled to the excise tax gross-up provided under the Plan. However, executives who were entitled to receive the excise tax gross-up prior to May 5, 2009 will be “grandfathered” and continue to be entitled to the excise tax gross-up.
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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| | ALLEGHENY ENERGY, INC.
| |
| Dated: May 6, 2009 | By: | /s/ David M. Feinberg | |
| | | Name: | David M. Feinberg | |
| | | Title: | Vice President and General Counsel | |
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