UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
| (CHECK ONE): | x Form 10-K ¨ Form 20-F ¨ Form 11-K ¨ Form 10-Q ¨ From N-SAR ¨ Form N-CSR |
For Period Ended: December 31, 2002
¨ Transition Report on Form 10-K
¨ Transition Report on Form 20-F
¨ Transition Report on Form 11-K
¨ Transition Report on Form 10-Q
¨ Transition Report on Form N-SAR
| For the Transition Period Ended: |
||
Read instruction (on back page) before preparing form. Please print or type.
Nothing in this form shall be construed to imply that the commission has verified any information contained herein.
If the notification relates to a portion of the filing checked above, identify the Item(s) to which the notification relates:
PART I — REGISTRANT INFORMATION
| Full Name of Registrant: |
Westar Energy, Inc. | |
| Former Name if Applicable: | ||
| Address of Principal Executive Office (Street and Number): | ||
| 818 South Kansas Avenue | ||
| City, State and Zip Code: |
Topeka, Kansas 66612 | |
PART II — RULES 12b-25(b) AND (c)
If the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b), the following should be completed. (Check box if appropriate)
| (a) | The reasons described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense; |
| x (b) | The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, 11-K, Form N-SAR or Form N-CSR, or portion thereof, will be filed on or before the fifteenth calendar day following the prescribed due date; or the subject quarterly report or transition report on Form 10-Q, or portion thereof, will be filed on or before the fifth calendar day following the prescribed due date; and |
| (c) | The accountant’s statement or other exhibit required by Rule 12b-25(c) has been attached if applicable. |
PART III — NARRATIVE
State below in reasonable detail the reasons why Form 10-K, 11-K, 20-F, 10-Q, N-SAR, N-CSR, or the transition report portion thereof, could not be filed within the prescribed time period. (Attach extra sheets if needed.)
The Company requires additional time to file the Form 10-K for the fiscal year ended December 31, 2002 to provide sufficient time for a special committee of the Company’s Board of Directors to complete a previously announced investigation. At that time, the Company’s independent auditors will be able to complete their audit of the Company’s financial statements. The special committee has advised the Company that the investigation is expected to be completed within 15 days.
(1) Name and telephone number of person to contact in regard to this notification
| Larry D. Irick |
785 |
575-1625 | ||
| (Name) |
(Area Code) |
(Telephone Number) |
(2) Have all other periodic reports required under Section 13 or 15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant was required to file such report(s) been filed? If the answer is no, identify report(s).
x Yes ¨ No
2
(3) Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof?
x Yes ¨ No
If so: attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made.
The earnings statements to be included in the Form 10-K will report a loss of $793.4 million, or $11.06 per share, for 2002, compared to a loss of $21.8 million, or $0.31 per share, in 2001. The 2002 results include net charges of $865 million, or $12.06 per share, related to valuation adjustments for impairment of goodwill and other intangible assets associated with the Company’s monitored security businesses.
Westar Energy, Inc.
(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned thereunto duly authorized.
| Date: April 1, 2003 |
By: |
/S/ LARRY D. IRICK | ||||
| Name: |
Larry D. Irick | |||||
| Title: |
Vice President, General Counsel | |||||
Instruction. The form may be signed by an executive officer of the registrant or by any other duly authorized representative. The name and title of the person signing the form shall be typed or printed beneath the signature. If the statement is signed on behalf of the registrant by an authorized representative (other than an executive officer), evidence of the representative’s authority to sign on behalf of the registrant shall be filed with the form.
ATTENTION
Intentional misstatements or omissions of fact constitute Federal Criminal Violations (see 18 U.S.C. 1001).
3