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) August 12, 2004 -------------------------------- THE SOUTHERN COMPANY -------------------------------------------------------------------------------- (Exact name of registrant as specified in charter) -------------------------------------------------------------------------------- Delaware 1-3526 58-0690070 -------------------------------------------------------------------------------- (State or other jurisdiction (Commission File (IRS Employer Identification of incorporation) Number) No.) 270 Peachtree Street, NW, Atlanta, Georgia 30303 -------------------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (404) 506-5000 ------------------------------ N/A -------------------------------------------------------------------------------- (Former name or former address, if changed since last report) Item 9. Regulation FD Disclosure. On August 12, 2004, Georgia Power Company ("Georgia Power") and Gulf Power Company ("Gulf Power") entered into a purchased power agreement and Southern Power Company ("Southern Power") entered into two purchased power agreements with Florida Power & Light ("FP&L"). Under the agreements, for the period from June 2010 through December 2015, Georgia Power and Gulf Power will provide FP&L with 165 megawatts of capacity annually from the jointly owned Plant Scherer Unit 3, and Southern Power will provide FP&L with a total of 790 megawatts of capacity annually from Plant Harris Unit 1 and Plant Franklin Unit 1. The contracts provide for fixed capacity payments and variable energy payments based on actual energy delivered. Additionally, FP&L will make payments for firm gas transportation. These contracts are contingent upon certain events, including approval of the Florida Public Service Commission. The final outcome of this matter cannot now be determined. 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. Date: August 16, 2004 THE SOUTHERN COMPANY By /s/Tommy Chisholm Tommy Chisholm Secretary