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) January 4, 2005 (January 3, 2005)
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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
of incorporation) File Number) Identification No.)
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))
Item 5.03. Amendments to Bylaws.
The Company recently announced the adoption of an amendment to the
Company's By-Laws, a copy of which is attached as Exhibit 99.1. The specific
amendment to the By-Laws and the full text of the Amended and Restated By-Laws
are attached as Exhibits 3.1 and 3.2, respectively. Specifically, the By-Laws
were amended to provide that a Director is required to retire from the Board of
Directors at the annual meeting following the Director's 70th birthday. The
amendment takes effect following the 2004 Annual Meeting of Shareholders.
Item 8.01. Other Events
The Company also announced that the date of this year's annual meeting
of stockholders has been rescheduled for March 2, 2005. Pursuant to SEC Rule
14a-8 and the Company's By-Laws, shareholders wishing to submit proposals for
consideration in the Company's Proxy Statement for the 2004 Annual Meeting of
Shareholders or to propose business to be transacted or propose a director for
nomination at that meeting must provide proper notice to the Company no later
than January 13, 2005
Item 9.01 Financial Statements and Exhibits.
(c) Exhibit No. The following exhibits are filed herewith:
3.1 Amendment to By-Laws of the Company
3.2 Amended and Restated By-Laws of the Company
99.1 Press Release dated January 3, 2005
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SIGNATURE
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.
Dated: January 4, 2005
ENERGY WEST INCORPORATED
By: /s/ David A. Cerotzke
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Name: David A. Cerotzke
Title: President and Chief Executive Officer
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