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| CLD > SEC Filings for CLD > Form 8-K on 12-May-2011 | All Recent SEC Filings |
12-May-2011
Regulation FD Disclosure, Other Events, Financial Statements and Exhibits
On May 11, 2011, Cloud Peak Energy Inc. issued a press release regarding the company's successful bid for the West Antelope II North Coal Tract . A copy of the press release is furnished hereto as Exhibit 99.1 and incorporated in this Item 7.01 by reference.
On May 11, 2011, Cloud Peak Energy Inc. announced its successful bid for the West Antelope II North Coal Tract, which was previously nominated by the company's Antelope mine. The Bureau of Land Management (BLM) estimates this tract contains approximately 350 million tons of mineable coal. At year-end 2010, the company's Antelope mine had an estimated 252 million tons of coal reserves, and Cloud Peak Energy had an estimated total reserve of 970 million tons of coal.
Cloud Peak Energy successfully won the lease sale with a bid of approximately $297.7 million, or approximately $0.85 per ton, based on the BLM's estimate of 350 million mineable tons. The company submitted a payment for approximately $59.5 million, which is the first of five equal payments for the federal coal lease. The BLM typically awards the lease within several months after selecting a winning bidder. As previously disclosed, the West Antelope II Lease by Application (LBA) is subject to pending legal challenges filed by certain environmental organizations against the BLM and the Secretary of the Interior.
The issuance of the coal lease for this tract will facilitate access to an additional 80 million tons of non-reserve coal deposits controlled by the Antelope mine. This additional coal is controlled through a lease with the State of Wyoming.
The BLM also recently announced a June 15, 2011 sale date for the West Antelope II South Coal Tract, which contains approximately 56 million mineable tons, according to BLM estimates.
Cautionary Note Regarding Forward-Looking Statements
This report contains "forward-looking statements" within the meaning of the safe
harbor provisions of Section 27A of the Securities Act of 1933 and Section 21E
of the Securities Exchange Act of 1934. Forward-looking statements are not
statements of historical facts and often contain words such as "may," "will,"
"expect," "believe," "anticipate," "plan," "estimate," "seek," "could,"
"should," "intend," "potential," or words of similar meaning. Forward-looking
statements are based on management's current expectations or beliefs, as well as
assumptions and estimates regarding our company, industry, economic conditions,
government regulations and energy policies and other factors. Forward-looking
statements may include, for example, (1) our estimates of proven and probable
coal reserves, future production and reserve life, (2) BLM's timing to award the
coal lease for the West Antelope II North LBA and the timing of future LBAs,
(3) our ability to obtain all required regulatory permits and approvals to mine
newly acquired coal tons in a timely and cost-effective manner, (4) the impact
of pending or future third party litigation and regulatory challenges,
(5) business development and growth initiatives; and (6) other statements
regarding our plans, strategies, prospects and expectations concerning our
business, operating results, financial condition and other matters that do not
relate strictly to historical facts. These statements are subject to significant
risks, uncertainties, and assumptions that are difficult to predict and could
cause actual results to differ materially from those expressed or implied in the
forward-looking statements. For a discussion of some of the factors that could
adversely affect our future results, refer to the risk factors described from
time to time in the reports and registration statements we file with the
Securities and Exchange Commission ("SEC"), including those in Item 1A - Risk
Factors in our most recent Form 10-K and any updates thereto in our Forms 10-Q
and current reports on Forms 8-K. There may be other risks and uncertainties
that are not currently known to us or that we currently believe are not
material. We make forward-looking statements based on currently available
information, and we assume no obligation to, and expressly disclaim any
obligation to, update or revise publicly any forward-looking statements made in
this report, whether as a result of new information, future events or otherwise,
except as required by law.
(d) Exhibits
99.1 Furnished press release, dated May 11, 2011, issued by Cloud Peak Energy Inc. regarding the company's successful bid for the West Antelope II North Coal Tract.
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