Form 8-K
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): September
28, 2006
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ABLE
ENERGY, INC.
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(Exact
name of registrant as specified in its
charter)
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Delaware
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001-15035
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22-3520840
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(State
or other jurisdiction
of
incorporation)
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(Commission
File
Number)
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(IRS
Employer
Identification
No.)
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198
Green Pond Road, Rockaway, NJ 07866
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(Address
of principal executive offices)
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Registrant’s
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 (see General Instruction A.2. below):
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 Principal Officers; Election of Directors;
Appointment of Principal Officer
On
September 28, 2006, Gregory D. Frost, the Chief Executive Officer and Chairman
of Able Energy, Inc. (the “Company”), gave notice to the Board of Directors
that, he was taking an indefinite leave of absence as Chief Executive
Officer of the Company and has resigned as Chairman of the Board. Mr. Frost
will
remain as a member of the Board of Directors. Mr. Frost’s leave of absence is
effective immediately. Mr. Frost will continue his duties as a director of
the
Company and will be available to assist the Company’s officers to help ensure an
orderly transition process.
Effective
September 28, 2006, Mr. Christopher P. Westad, the acting Chief Financial
Officer of the Company, was designated by the Board to serve as acting Chief
Executive Officer. In connection with Mr. Westad’s service as acting Chief
Executive Officer, Mr. Westad stepped down, temporarily, as acting Chief
Financial Officer. The Board designated Jeff Feld, the Company’s Controller, as
the acting Chief Financial Officer. Mr. Feld, age 44, has been with the Company
since September 1999. Mr. Westad’s and Mr. Feld’s compensation will not be
immediately affected by their respective new positions with the Company,
however
the Company expects that the Compensation Committee of the Board will evaluate
and make recommendations to the Board on adjustments to Mr. Westad’s and Mr.
Feld’s compensation in light of their respective current
responsibilities.
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 29th day of September 2006.
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ABLE
ENERGY, INC.
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By:
/s/
Christopher
P.
Westad
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Christopher P. Westad
Acting Chief Executive
Officer
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