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) January 9, 2002 (January 7, 2002) WESTERN RESOURCES, INC. (Exact Name of Registrant as Specified in Its Charter) KANSAS 1-3523 48-0290150 (State or Other Jurisdiction of (Commission (Employer Incorporation or Organization) File Number) Identification No.) 818 KANSAS AVENUE, TOPEKA, KANSAS 66612 (Address of Principal Executive Offices) (Zip Code) (785)-575-6300 (Registrant's Telephone Number Including Area Code) WESTERN RESOURCES, INC. Item 5. Other Events Public Service Company of New Mexico ("PNM") has notifed us by letter that PNM's board of directors has taken action to terminate the Agreement and Plan of Restructuring and Merger (the "Agreement") dated as of November 8, 2000 among PNM, us and certain other parties. By letter dated January 9, 2002, we objected to PNM's action and stated our position that PNM has no basis to terminate the Agreement. Copies of PNM's termination letter and our response letter are attached to this report. Item 7. Financial Statements and Exhibits (c) Exhibits Exhibit 99.1 - Letter dated January 7, 2002 of Public Service Company of New Mexico Exhibit 99.2 - Letter dated January 9, 2002 of Western Resources, Inc. 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. Western Resources, Inc. Date January 9, 2002 By /s/ Paul R. Geist ---------------- ----------------------- Paul R. Geist, Senior Vice President and Chief Financial Officer EXHIBIT INDEX Exhibit Number Description of Exhibit 99.1 Letter dated January 7, 2002 of Public Service Company of New Mexico 99.2 Letter dated January 9, 2002 of Western Resources, Inc.