UNITED
STATES
SECURITIES AND EXCHANGE
COMMISSION
Washington, D.C.
20549
FORM 8-K/A
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
11, 2009
BERRY PETROLEUM
COMPANY
(Exact
Name of Registrant as Specified in its Charter)
|
DELAWARE
(State
or Other Jurisdiction of
Incorporation
or Organization)
|
1-9735
(Commission
File Number)
|
77-0079387
(IRS
Employer
Identification
Number)
|
|
1999
BROADWAY, DENVER, CO
(Address
of Principal Executive Offices)
|
80220
(Zip
Code)
|
Registrant’s
telephone number, including area code: (303)
999-4400
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:
o Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
1
EXPLANATORY
NOTE: This report on Form 8-K/A amends Berry Petroleum Company’s Form 8-K filed
on December 29, 2008 to supplement the disclosure in Item
8.01.
Item 8.01 Other Events
Between
December 30, 2008 and January 9, 2009, the Company entered into various
agreements to sell its approximately 17,100 barrels of oil per day (BOPD)
production from its California operations while BWOC cannot receive the
Company’s California production. These agreements are with Chevron Corporation,
Tesoro Corporation, Plains All American Pipeline LP, Lundy Thagard Company, and
another creditworthy party.
The
approximately 17,100 BOPD represents all of the Company’s California crude oil
production, all of which was being sold to BWOC pursuant to the Agreement prior
to BWOC’s filing for bankruptcy protection under Chapter 11 of the United States
Bankruptcy Code. In entering into these interim agreements, the Company has not
terminated the Agreement.
Pricing
and volumes under these short-term agreements vary with prices ranging from just
above the posted price for San Joaquin heavy oil to the posted price less a
discount. Each
of these short-term agreements extends through January 31, 2009 except the
agreement with Lundy Thagard Company, which extends through February 28, 2009,
but is cancelable earlier if BWOC resumes operations.
Additionally,
on December 30, 2008, BWOC filed a motion in the United States Bankruptcy Court
to authorize the payment of prepetition claims of certain critical vendors
(“Critical Vendor Motion”) along with a motion for the court to hear this motion
on January 16, 2009. The Critical Vendor Motion did not list any specific
critical vendors, including the Company, and set forth various conditions which
a vendor would have to accept in order to be considered a “Critical Vendor.” As
such, there can be no assurance that: (i) the court will approve the Critical
Vendor Motion, (ii) the Company will be considered a “Critical Vendor” by BWOC,
or (iii) that the Company will agree to the conditions imposed on a “Critical
Vendor.”
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 hereto
duly authorized.
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BERRY
PETROLEUM COMPANY
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By:
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/s/ Kenneth A.
Olson
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|||
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Kenneth
A. Olson
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||||
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Corporate
Secretary
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Date:
January 11, 2009
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