Attached files
| file | filename |
|---|---|
| EX-16.1 - LETTER FROM PRICEWATERHOUSECOOPERS LLP - BNSF RAILWAY CO | ex16-1.htm |
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): February 16,
2010
BNSF
Railway Company
(Exact
name of registrant as specified in charter)
|
Delaware
(State
of Incorporation)
|
1-6324
(Commission
File Number)
|
41-6034000
(I.R.S.
Employer Identification No.)
|
|
2650 Lou
Menk Drive, Fort Worth, Texas
(Address
of Principal Executive Offices)
|
76131
(Zip
Code)
|
(800) 795-2673
(Registrant’s
telephone number, including area code)
Not
Applicable
(Former
name or former address, if changed since last report)
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-12 under the Exchange Act (17 CFR
240.14a-12)
¨ 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
4.01. Changes in Registrant’s Certifying Accountant.
PricewaterhouseCoopers
LLP (“PwC”) was
dismissed on February 16, 2010 as the independent registered public accounting
firm of BNSF Railway Company (the “Company”). The
Board of Directors of the Company approved PwC's dismissal.
The reports of PwC on the financial
statements of the Company as of and for the fiscal years ended December 31, 2009
and 2008 did not contain any adverse opinion or disclaimer of opinion, and were
not qualified or modified as to uncertainty, audit scope, or accounting
principle. During the Company’s fiscal years ended December 31, 2009
and 2008, and through February 16, 2010, the date of the dismissal of PwC, (i)
there were no disagreements with PwC on any matter of accounting principles or
practices, financial statement disclosure, or auditing scope or procedure, which
disagreements, if not resolved to PwC’s satisfaction, would have caused PwC to
make reference to the subject matter of the disagreement in connection with its
reports on the financial statements of the Company for such years, and (ii)
there were no reportable events of the type described in Item 304(a)(1)(v) of
Regulation S-K.
The Company has provided PwC with a
copy of the foregoing disclosure and requested that PwC furnish the Company with
a letter addressed to the Securities and Exchange Commission stating whether it
agrees with such disclosure. A copy of PwC’s letter is attached
hereto as Exhibit 16.1.
Item
9.01. Financial Statements and Exhibits.
(d) Exhibits
|
Exhibit Number
|
Description of Exhibit
|
|
16.1
|
Letter
from PricewaterhouseCoopers LLP addressed to the Securities and Exchange
Commission, dated as of February 16, 2010
|
1
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.
| BNSF Railway Company | |||
|
Date:
February 16, 2010
|
By:
|
/s/ James H. Gallegos | |
| Name: James H. Gallegos | |||
| Title: Vice President – Corporate General Counsel | |||
2