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): December 30, 2003 ------------------- SEMPRA ENERGY --------------------------------------------------------------------- (Exact name of registrant as specified in its charter) CALIFORNIA --------------------------------- 1-14201 --------------------------------- 33-0732627 --------------------------------- (State of incorporation or organization) (Commission File Number) (I.R.S. Employer Identification No. 101 ASH STREET, SAN DIEGO, CALIFORNIA ----------------------------------------------------------------- - 92101 ---------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (619) 696-2034 ------------------- --------------------------------------------------------------------- (Former name or former address, if changed since last report.) FORM 8-K Item 5. Other Events As previously reported, on August 25, 2003 the California Public Utilities Commission (CPUC) announced that it had denied a rehearing of its decision approving a settlement with our subsidiary San Diego Gas & Electric Company (SDG&E) allocating between customers and shareholders the profits from intermediate-term purchase power contracts that SDG&E had entered into prior to California's electric utility industry restructuring. As a result of the CPUC decision we recognized additional after-tax income of $65 million in the third quarter of 2003. As also previously reported, an advocacy group for small consumers petitioned the California Court of Appeals to review the CPUC's decision approving the settlement. On December 30, 2003 the Court of Appeals granted the petition for review. We expect that the Court of Appeals will affirm the CPUC's decision. A decision is expected by the third quarter of 2004. 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 thereunto duly authorized. SEMPRA ENERGY (Registrant) Date: December 30, 2003 By: /s/ Javade Chaudri ----------------------------------------- Javade Chaudri Exec. Vice President and General Counsel