form 8-K, Reg FD Disclosure re Filing NY Rate Case with NYPSC

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): August 27, 2004

NATIONAL FUEL GAS COMPANY
(Exact name of registrant as specified in its charter)

  New Jersey
(State or other jurisdiction incorporation)
  1-3880
(Commission File
Number)
  13-1086010
(IRS Employer or Identification
No.)

  6363 Main Street, Williamsville, New York
(Address of principal executive offices)
  14221
(Zip Code)
 
  Registrant’s telephone number, including area code:   (716) 857-7000

        

Item 7.01 Regulation FD Disclosure

        On July 27, 2004, National Fuel Gas Company (the “Company”) issued a press release regarding a request to raise delivery service charges submitted to the New York State Public Service Commission by the New York division of National Fuel Gas Distribution Corporation, a natural gas utility and a wholly owned subsidiary of the Company. A copy of this press release is hereby incorporated by reference into this Item 7.01 and furnished as part of this Current Report as Exhibit 99.

        Neither the furnishing of the press release as an exhibit to this Current Report nor the inclusion in such press release of a reference to the Company’s internet address shall, under any circumstances, be deemed to incorporate the information available at such internet address into this Current Report. The information available at the Company’s internet address is not part of this Current Report or any other report filed or furnished by the Company with the Securities and Exchange Commission.

Item 9.01 Financial Statements and Exhibits

      (c)    Exhibits

  Exhibit 99   Press Release issued July 27, 2004 regarding request to raise delivery service charges

        Certain statements contained herein or incorporated by reference from the press release, including statements designated with an asterisk (“*”) and statements identified by the use of the words “anticipates,” “expects,” “intends,” “plans,” “predicts,” “projects,” and similar expressions, are “forward-looking statements” as defined by the Private Securities Litigation Reform Act of 1995. There is no assurance that the Company’s projections will in fact be achieved. While the Company’s expectations, beliefs and projections are expressed in good faith and are believed to have a reasonable basis, actual results may differ materially from those in the forward-looking statement. Furthermore, each forward-looking statement speaks only as of the date on which it is made, and the Company undertakes no obligation to update the statement to reflect events or circumstances after the date on which it is made or to reflect the occurrence of unanticipated events. In addition to other factors, the following are important factors that could cause actual results to differ materially from those discussed in the forward-looking statements: changes in economic conditions, including economic disruptions caused by terrorist activities or acts of war; changes in demographic patterns and weather conditions, including the occurrence of severe weather; changes in the availability and/or price of natural gas, oil and coal; significant changes in competitive factors affecting the Company; governmental/regulatory actions, initiatives and proceedings, including those affecting acquisitions, financings, allowed rates of return, industry and rate structure, franchise renewal, and environmental/safety requirements; unanticipated impacts of restructuring initiatives in the natural gas and electric industries; changes in the availability and/or price of derivative financial instruments; changes in laws and regulations to which the Company is subject, including tax, environmental, safety and employment laws and regulations; or the cost and effects of legal and administrative claims against the Company. The Company disclaims any obligation to update any forward-looking statements to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.


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.

                                     NATIONAL FUEL GAS COMPANY



                                     By:  /s/ James R. Peterson
                                              James R. Peterson
                                              Assistant Secretary

EXHIBIT INDEX

              Exhibit Number               Description

              99                           Press Release issued August 27, 2004 regarding
                                           request to raise delivery service charges