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) October 19, 2004 (October 15, 2004)
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ENERGY WEST, INCORPORATED
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(Exact name of registrant as specified in its charter)
MONTANA 0-14183 81-0141785
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(State or other jurisdiction (Commission (IRS Employer Identification No.)
of incorporation) File Number)
1 First Avenue South, Great Falls, Montana 59401
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code 406-791-7500
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Not Applicable
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(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 (see General Instruction A.2. below):
[ ] 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))
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Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard; Transfer of Listing.
On October 19, 2004, the Company issued a press release announcing that
on October 15, 2004, it received notice from the staff at Nasdaq indicating that
the Company is not in compliance with Nasdaq's requirements for the continued
listing of the Company's common stock on the Nasdaq National Market due to the
failure to timely file the Company's Annual Report on Form 10-K for the fiscal
year ended June 30, 2004, as required under Marketplace Rule 4310(c)(14). The
notice does not by itself result in immediate delisting of the Company's common
stock. However, as of the opening of business on October 19, 2004, an "E" was
appended to the end of the trading symbol "EWST" for the Company's common
stock.
In the notice, Nasdaq stated that unless the Company requests a hearing
on Nasdaq's delisting notice, the Company's common stock will be delisted from
The Nasdaq National Market at the opening of business on October 26, 2004. The
Company will request a hearing with the Nasdaq Hearing Panel on this matter.
There can be no assurance that the Panel will grant the Company's request for
continued listing. A timely request by the Company for a hearing will stay the
delisting pending the hearing and a determination by the Nasdaq Hearing Panel.
Item 9.01 Financial Statements and Exhibits.
(c) EXHIBITS. The following exhibits are filed herewith:
99.1 Press Release dated October 19, 2004
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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.
ENERGY WEST, INCORPORATED
Date October 19, 2004
By: /s/ John C. Allen
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Name: John C. Allen
Title: Senior Vice President and General
Counsel
