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COMMISSION FILE NUMBER
1-11596
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CUSIP NUMBER
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714157-10-4
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
(Check One): [X] Form 10-K [_] Form 20-F [_] Form 10-Q
[_] Form N-SAR [_] Form N-CSR
For Period Ended: December 31, 2008
[ ] Transition Report on Form 10-K
[ ] Transition Report on Form 20-F
[ ] Transition Report on Form 11-K
[ ] Transition Report on Form 10-Q
[ ] Transition Report on Form N-SAR
For the Transition Period Ended:
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Read Instruction (on back page) Before Preparing Form. Please Print or Type.
Nothing in this form shall be construed to imply that
the Commission has verified any information
contained herein.
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If the notification relates to a portion of the filing checked above, identify
the Item(s) to which the notification relates:
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PART I -- REGISTRANT INFORMATION
Perma-Fix Environmental Services, Inc.
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Full Name of Registrant
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Former Name if Applicable
8302 Dunwoody Place, Suite 250
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Address of Principal Executive Office (Street and Number)
Atlanta, Georgia 30350
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City, State and Zip Code
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PART II -- Rules 12b-25(b) and (c)
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If the subject report could not be filed without unreasonable effort or expense
and the registrant seeks relief pursuant to Rule 12b-25(b), the following should
be completed. (Check box if appropriate)
(a) The reasons described in reasonable detail in Part III of this
form could not be eliminated without unreasonable effort or
expense;
[X] (b) The subject annual report, semi-annual report, transition
report on Form 10-K, Form 10KSB, 20-F, 11-K or Form N-SAR, or
portion thereof, will be filed on or before the fifteenth calendar
day following the prescribed due date; or the subject quarterly
report or transition report on Form 10-Q, 10QSB or portion
thereof, will be filed on or before the fifth calendar day
following the prescribed due date; and
(c) The accountant's statement or other exhibit required by Rule
12b-25(c) has been attached if applicable.
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PART III -- NARRATIVE
State below in reasonable detail the reasons why Forms 10-K, 20-F, 11-K, 10-Q,
N-SAR, N-CSR, or the transition or portion thereof, could not be filed within
the prescribed time period.
The registrant could not file its Form 10-K by March 16, 2009 due
primarily to delays caused by the following : (1) the reclassification of three
Industrial Segment facilities/operations back into continuing operations
previously classified as discontinued operations in 2007; (2) the initial
testing of internal control over financial reporting at our Perma-Fix Northwest
Richland, Inc. ("PFNWR") subsidiary which we acquired in June 2007; and (3)
ongoing analysis and review of our revenue relating to certain of our nuclear
subsidiaries, including but not limited to a major subcontract which began in
the fourth quarter of 2008 and revenue generated by PFNWR. The Company requires
the extension to ensure that the reported financial statements are accurate. The
registrant continues to dedicate significant resources to the preparation of its
financial statements.
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PART IV -- OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification:
Ben Naccarato 770 587-9898
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(Name) (Area Code) (Telephone Number)
(2) Have all other periodic reports under Section 13 or 15(d) of the
Securities Exchange Act of 1934 or Section 30 of the Investment Company
Act of 1940 during the preceding twelve months or for such shorter
period that the registrant was required to file such report(s) been
filed? If the answer is no, identify report(s). [X] YES [ ] NO
(3) Is it anticipated that any significant change in results of operations
from the corresponding period for the last fiscal year will be
reflected by the earnings statements to be included in the subject
report or portion thereof? [X] YES [ ] NO
If so, attach an explanation of the anticipated change, both
narratively and quantitatively, and, if appropriate, state the reasons
why a reasonable estimate of the results cannot be made.
As disclosed in "Part III - Narrative" above, the registrant's analysis and
review of its revenue relating to certain of its nuclear subsidiaries is
ongoing. The registrant continues to dedicate significant time and efforts to
finalize this review. As a result, the registrant will be unable to make a
reliable quantitative estimate of the change in results of operations compared
to the corresponding period of last fiscal year until the analysis is complete.
The Company will file its Form 10-K as promptly as practicable and is presently
unaware of any circumstances that would prevent it from filing its Form 10-K on
or before the 15th calendar day following the due date.
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PERMA-FIX ENVIRONMENTAL SERVICES, INC.
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(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned
thereunto duly authorized.
Date: March 17, 2009 By: /s/ Ben Naccarato
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Ben Naccarato
Chief Financial Officer
INSTRUCTION: The form may be signed by an executive officer of the registrant or
by any other duly authorized representative. The name and title of the person
signing the form shall be typed or printed beneath the signature. If the
statement is signed on behalf of the registrant by an authorized representative
(other than an executive officer), evidence of the representative's authority to
sign on behalf of the registrant shall be filed with the form.
ATTENTION
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Intentional misstatements or omissions of fact constitute
Federal Criminal Violations (See 18 U.S. C. 1001).
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GENERAL INSTRUCTIONS
1. This form is required by Rule 12b-25 (17 CFR 240, 12b-25) of the
General Rules and Regulations under the Securities Exchange Act of
1934.
2. One signed original and four conformed copies of this form and
amendments thereto must be completed and filed with the Securities and
Exchange Commission, Washington, D.C. 20549, in accordance with Rule
0-3 of the General Rules and Regulations under the Act. The information
contained in or filed with the Form will be made a matter of public
record in the Commission files.
3. A manually signed copy of the form and amendments thereto shall be
filed with each national securities exchange on which any class of
securities of the registrant is registered.
4. Amendments to the notifications must also be filed on Form 12b-25 but
need not restate information that has been correctly furnished. The
form shall be clearly identified as an amended notification.
5. Electronic Filers: This form shall not be used by electronic filers
unable to timely file a report solely due to electronic difficulties.
Filers unable to submit a report within the time period prescribed due
to difficulties in electronic filing should comply with either Rule 201
or 202 of Regulation S-T (ss.232.201 or ss.232.202 of this chapter) or
apply for an adjustment in filing date pursuant to Rule 13(b) of
Regulation S-T (ss.232.13(b) of this chapter).
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