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 28, 2005 -------------- ABLE ENERGY, INC. (EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER) DELAWARE 001-15035 22-3520840 -------------------------------------------------------------------------------- (States or Other Jurisdiction (Commission file Number) (IRS Employer of Incorporation) Identification No.) 198 GREEN POND ROAD, ROCKAWAY, NJ 07866 -------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) Registrants' telephone number, including area code (973) 625-1012 -------------- 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: [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-2 under the Exchange Act (17 CFR 240.14a-2) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) ITEM 8.01 OTHER EVENTS. Able Energy, Inc. announced today that its Audit Committee has retained independent counsel to assist the Audit Committee in its investigation of information recently forwarded to the Committee regarding trading of the Company's securities. 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 hereunto duly authorized on this 3rd day of August, 2005. ABLE ENERGY, INC. By: /s/ Christopher P. Westad ------------------------------------ Name: Christopher P. Westad Title: President and Interim Chief Executive Officer