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) April 17, 2003
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THE SOUTHERN COMPANY
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(Exact name of registrant as specified in its charter)
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Delaware 1-3526 58-0690070
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(State or other jurisdiction (Commission File (IRS Employer Identification
of incorporation) Number) No.)
270 Peachtree Street, NW, Atlanta, Georgia 30303
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (404) 506-5000
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N/A
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(Former name or former address, if changed since last report.)
Item 5. Other Events and Regulation FD Disclosure.
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The Southern Company ("Southern Company") has learned that on April 17, 2003, a
retired employee of a subsidiary of Mirant Corporation ("Mirant") filed a
complaint in the United States District Court for the Northern District of
Georgia (Civil Action No. 1: 03-CV-1027) alleging violations of the Employee
Retirement Income Security Act and naming as defendants Mirant, Southern
Company, several current and former directors and officers of Mirant and/or
Southern Company, and "Unknown Fiduciary Defendants 1-100."
The named plaintiff, James Brown, seeks to represent a purported class
consisting of individuals who were participants in or beneficiaries of two
Mirant employee plans and their predecessor plans (the "Plans") at any time
between January 1, 2000 and the filing of the complaint whose plan accounts
included investments in Mirant common stock or the "Mirant Corporation Stock
Fund." The complaint alleges that the defendants misled participants in the
Plans by concealing Mirant's alleged "participation in the illegal manipulation
of energy prices in California during 2000 and 2001 as well as other irregular
and unlawful accounting manipulations tied to energy trading." The complaint
does not contain any specific allegations of wrongdoing with respect to Southern
Company.
Southern Company denies any wrongdoing and intends vigorously to defend this
action. The final outcome of this matter cannot now be determined.
SIGNATURE
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.
Date: April 29, 2003 THE SOUTHERN COMPANY
By /s/Tommy Chisholm
Tommy Chisholm
Secretary