Form 8-K CLOUD PEAK ENERGY INC. For: Jul 05

UNITED STATES

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): July 5, 2016

Cloud Peak Energy Inc.

(Exact name of registrant as specified in its charter)

Registrant’s telephone number, including area code:  (307) 687-6000

Not Applicable

(Former name or former address if changed since last report.)

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))

Item 5.02                   Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

Election of Ms. Jeane Hull as New Independent Director

On July 6, 2016, Cloud Peak Energy Inc. (“Cloud Peak Energy”) announced by press release that, effective July 5, 2016, Ms. Jeane Hull has been elected to the Cloud Peak Energy Board of Directors (“Board”) as a new independent director and will also serve as a member of the Audit Committee, the Compensation Committee and the Health, Safety, Environment and Communities Committee of the Board.  Ms. Hull has been elected to Class I to fill the vacancy resulting from the retirement of former Chairman Keith Bailey from the Board immediately following Cloud Peak Energy’s 2016 annual stockholders meeting.  Ms. Hull will therefore stand for re-election at Cloud Peak Energy’s 2019 annual stockholders meeting.

Ms. Hull retired from Peabody Energy Corporation in August 2015 where she served as Peabody’s Executive Vice President and Chief Technical Officer, with responsibility for global strategy and governance for health, safety and environment, supply chain, engineering, applied technologies and asset management functions.  Ms. Hull joined Peabody in 2007 as the Senior Vice President of Engineering and Technical Services and managed the global delivery of engineering, environmental, geology and design and construction services. She also served as Peabody’s Group Executive, Powder River Basin from 2008 to 2011 and assumed additional responsibility for Southwest Operations in 2010.

In 2015, Cloud Peak Energy sold coal to Peabody in the ordinary course of business.  The gross sales proceeds were approximately $19 million.  This amounted to approximately 1.7% of Cloud Peak Energy’s 2015 revenue and approximately 0.3% of Peabody’s 2015 revenue, as reported in their respective SEC filings. As a result of her service as Executive Vice President and Chief Technical Officer of Peabody until her retirement in August 2015, Ms. Hull may be deemed under SEC rules to have been a related party with an indirect interest in these transactions. There are no other related person transactions between Ms. Hull and Cloud Peak Energy in which Ms. Hull has a direct or indirect material interest requiring disclosure pursuant to Item 404(a) of Regulation S-K under the Securities Exchange Act of 1934, as amended.

Prior to joining Peabody, Ms. Hull served as Chief Operating Officer of Kennecott Utah Copper, a Rio Tinto company, from 2005 to 2007.  She held numerous management, engineering and operations positions with Rio Tinto and its affiliates from 1994 to 2007, and spent 12 years with Mobil Mining and Minerals and Mobil Chemical Company from 1982 to 1994.

A registered professional engineer, Ms. Hull holds a Bachelor of Science degree in civil engineering from South Dakota School of Mines and Technology and an M.B.A. from Nova University in Florida.

Ms. Hull will receive the following compensation for her services on the Board and the committees referenced above, as provided by Cloud Peak Energy’s current compensation program for its independent directors:

Item 7.01                   Regulation FD Disclosure

A copy of the press release announcing the election of Ms. Jeane Hull as a new Cloud Peak Energy Director, as described under Item 5.02, is furnished herewith as Exhibit 99.1 and is incorporated in this Item 7.01 by reference.

Item 9.01                   Financial Statements and Exhibits

(d) Exhibits. The following exhibit is being furnished herewith.

99.1                        Furnished press release announcing the election of Ms. Jeane Hull as a new Cloud Peak Energy Director

2

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.

3

EXHIBIT INDEX

4

Exhibit 99.1

FOR IMMEDIATE RELEASE

July 6, 2016

Contact:

Cloud Peak Energy Inc.

Rick Curtsinger, 720-566-2948

Director, Public Affairs

CLOUD PEAK ENERGY INC. ANNOUNCES NEW
INDEPENDENT DIRECTOR JEANE HULL

Gillette, Wyo, July 6, 2016 — Cloud Peak Energy Inc. (NYSE: CLD), one of the largest U.S. coal producers and the only pure-play Powder River Basin (“PRB”) coal company, today announced that, effective July 5, 2016, Ms. Jeane L. Hull has been elected to the Cloud Peak Energy Board of Directors as a new independent director and will also serve as a member of the Audit Committee, the Compensation Committee and the Health, Safety, Environment and Communities Committee of the Board.

Hull retired from Peabody Energy Corporation in August 2015 where she served as Peabody’s Executive Vice President and Chief Technical Officer, with responsibility for global strategy and governance for health, safety and environment, supply chain, engineering, applied technologies and asset management functions.

Hull joined Peabody in 2007 as the Senior Vice President of Engineering and Technical Services and managed the global delivery of engineering, environmental, geology and design and construction services. She also served as Peabody’s Group Executive, Powder River Basin from 2008 to 2011 and assumed additional responsibility for Southwest Operations in 2010.  Prior to joining Peabody, Hull served as Chief Operating Officer of Kennecott Utah Copper, a Rio Tinto company, from 2005 to 2007.  She held numerous management, engineering and operations positions with Rio Tinto and its affiliates from 1994 to 2007, and spent 12 years with Mobil Mining and Minerals and Mobil Chemical Company from 1982 to 1994.  A registered professional engineer, Hull holds a Bachelor of Science degree in civil engineering from South Dakota School of Mines and Technology and an M.B.A. from Nova University in Florida.

William Fox, Chairman of the Board of Cloud Peak Energy, said, “We are excited to have Jeane join our Board.  Jeane has a strong background in the coal industry, and brings additional senior executive and operational leadership and substantial engineering and environmental and regulatory affairs experience to the Board.  We look forward to her valuable insights and contributions to our company.”

About Cloud Peak Energy®

Cloud Peak Energy Inc. (NYSE: CLD) is headquartered in Wyoming and is one of the largest U.S. coal producers and the only pure-play Powder River Basin coal company. As one of the safest coal producers in the nation, Cloud Peak Energy mines low sulfur, subbituminous coal and provides logistics supply services. The Company owns and operates three surface coal mines in the PRB, the lowest cost major coal producing region in the nation. The Antelope and Cordero Rojo mines are located in Wyoming and the Spring Creek Mine is located in Montana. In 2015, Cloud Peak Energy shipped approximately 75 million tons from its three mines to customers located throughout the U.S. and around the world. Cloud Peak Energy also owns rights to substantial undeveloped coal and complimentary surface assets in the Northern PRB, further building the Company’s long-term position to serve Asian export and domestic customers. With approximately 1,400 total employees, the Company is widely recognized for its exemplary performance in its safety and environmental programs. Cloud Peak Energy is a sustainable fuel supplier for approximately three percent of the nation’s electricity.

SOURCE: Cloud Peak Energy Inc.

Cloud Peak Energy Inc.
Rick Curtsinger, 720-566-2948

Director, Public Affairs

###