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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC
FORM 12B-25
Commission File Number 1-9820
NOTIFICATION OF LATE FILING
(Check One): [X] Form 10-K [ ] Form 11-K [ ] Form 20-F [ ] Form 10-Q
[ ] Form N-SAR
For Period Ended: June 30, 2000
[ ] Transition Report on Form 10-K [ ] Transition Report on Form 10-Q
[ ] Transition Report on Form 20-F [ ] Transition Report on Form N-SAR
[ ] Transition Report on Form 11-K
For the Transition Period Ended: _____________________________________
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: This notification
relates to additions and/or revisions to Items 6, 7, and 8 of the Form 10-K.
PART I
REGISTRANT INFORMATION
Full name of registrant Birmingham Steel Corporation
Former name if applicable _____________________________________________________
Address of principal executive office (Street and number) 1000 Urban Center
Parkway, Suite 300
City, state and zip code Birmingham, Alabama 35242
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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 reasons described in reasonable detail in Part III of this form
could not be eliminated without unreasonable effort or expense;
[X] (b) The subject annual report, semi-annual report, transition report on
Form 10-K, 10-KSB, 20-F, 11-K or Form N-SAR, or portion thereof will be
filed on or before the 15th calendar day following the prescribed due
date; or the subject quarterly report or transition report on Form
10-Q, 10-QSB, or portion thereof will be filed on or before the fifth
calendar day following the prescribed due date; and
[X] (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 the reasons why Form 10-K, 11-K, 20-F,
10-Q, 10-QSB, N-SAR or the transition report portion thereof could not be filed
within the prescribed time period. (Attach extra sheets if needed.)
Birmingham Steel Corporation (the "Company") has filed certain Form S-8
registration statements with the Securities and Exchange Commission. These Form
S-8s incorporate by reference the Company's Form 10K filings and require certain
consents from the Company's independent auditors be included in the Company's
Form 10K filings. In particular, the Form S-8s require, among other consents,
the consent of KPMG LLP to the incorporation by reference in the Form S-8s
KPMG's audit report with respect to the balance sheet of Pacific Coast Recycling
LLC as of June 30, 1999 and 1998 and the related statements of operations,
members' capital (deficit) and cash flows for the years then ended, which report
appears in the Company's Form 10K for the fiscal year ended June 30, 2000.
KPMG was unable to complete certain auditing procedures necessary to
provide its consent to the Company by 5:30 p.m. EST on September 28, 2000, the
Company's deadline for filing its Form 10K for the year ended June 30, 2000 (the
"Filing Deadline"). KPMG did provide the Company with the necessary consent
shortly after the Filing Deadline and the Company promptly filed its completed
Form 10K at 5:38 p.m. EST on September 28, 2000.
See Exhibit A for a signed statement by KPMG addressing the specific
reasons why KPMG was unable to furnish the required consent on or before the
Filing Deadline.
PART IV
OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification:
Name: Catherine W. Pecher
Phone: (205) 970-1200
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(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 the answer is no,
identify report(s).
[X] Yes [ ] No
(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 [X] No
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.
Birmingham Steel Corporation
(Name of Registrant as Specified in Charter)
Has caused this notification to be signed on its behalf by the undersigned
thereunto duly authorized.
Date: September 29, 2000 By: /s/ Catherine W. Pecher
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Catherine W. Pecher
Vice President and Secretary
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EXHIBIT A
[KPMG LLP Letterhead]
Birmingham Steel Corporation
1000 Urban Center Parkway
Suite 300
Birmingham, Alabama 35242
We have not been able to provide you with the attached consent until
today due to our lack of a subsequent events representation letter from Deloitte
& Touche, subsequent auditors of Pacific Coast Recycling, LLC, until today.
Sincerely yours,
/s/ KPMG LLP
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KPMG LLP
September 28, 2000
