UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 12B-25
NOTIFICATION OF LATE FILING
Commission File Number 001-16107
(Check One): [ ] Form 10-K [ ] Form 20-F [ ] Form 11-K [x] Form 10-Q
[ ] Form N-SAR [ ] Form N-CSR
For Period Ended: June 30, 2003
[ ] 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:
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PART I -- REGISTRANT INFORMATION
Mirant Corporation
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Full Name of Registrant
Southern Energy Inc.
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Former Name if Applicable
1155 Perimeter Center West, Suite 100
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Address of Principal Executive Office (Street and Number)
Atlanta, Georgia 30338
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City, State and Zip Code
PART II -- RULE 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.)
[x] (a) The reason described in reasonable detail in Part III of
this form could not be eliminated without unreasonable
effort or expense
[ ] (b) The subject annual report, semi-annual report, transition
report on Form 10-K, Form 20-F, Form 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 why Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, N-CSR,
or the transition report or portion thereof, could not be filed within the
prescribed time period.
(Attach Extra Sheets if Needed)
The audit of the Company's 2002 financial statements and the reaudits
of the Company's 2000 and 2001 financial statements were completed on April 29,
2003, which delayed the Company's ability to begin focusing on preparation of
its interim financial results for the quarter ended March 31, 2003 and the
associated Form 10-Q by the required filing date. On May 15, 2003, the Company
filed a Form 12b-25 in respect of its Form 10-Q for the quarter ended March 31,
2003. Because of the Company's continued focus on finalizing its interim
financial results for the quarter ended March 31, 2003 and filing the
associated Form 10-Q, the Company has not closed its books with respect to the
quarter ended June 30, 2003 and requires additional time to complete its
financial reporting process with respect to that quarter.
The Company intends to file its quarterly report on Form 10-Q for the
quarters ended March 30, 2003 and June 30, 2003 as soon as practicably possible
after completion its financial reporting process for those quarters.
PART IV -- OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
Dan Streek (678) 579-5000
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(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 answer is no,
identify report(s). Yes [ ] No [x]
1. Form 10-Q for the period ended March 31, 2003.
2. Form 10-K for the year ended December 31, 2003 (the Form 10-K did not
include the interim financial information required by Item 302 of
Regulation S-K).
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(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? Yes [ ] No [x]
Note: On July 14, 2003, the Company and substantially all of its
wholly-owned subsidiaries in the United States filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code in
the U.S. Bankruptcy Court for the Northern District of Texas,
Fort Worth Division. As of the date of this Form 12b-25, the
Company has not completed its financial reporting process for the
second quarter of 2003. Therefore, the Company is not in a
position to quantify any potential differences between the
comparable periods.
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.
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Mirant Corporation
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(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned
hereunto duly authorized.
Date August 15, 2003 By /s/ Dan Streek
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Dan Streek
Vice President and Controller
(Principal Accounting Officer)