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 2, 2011
| | | | |
(Commission File Number) | | Exact names of registrants as specified in their charters, address of principal executive offices, telephone number and state of incorporation | | (IRS Employer
Identification No.) |
| | |
| 1-15929 | | PROGRESS ENERGY, INC. | | 56-2155481 |
| | 410 S. Wilmington Street | | |
| | Raleigh, North Carolina 27601-1748 | | |
| | Telephone: (919) 546-6111 | | |
| | State of Incorporation: North Carolina | | |
|
| None |
| (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:
| x | 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)) |
Section 8 – OTHER EVENTS
On September 2, 2011, Progress Energy, Inc. and Duke Energy Corporation issued a joint press release announcing a settlement with the North Carolina Public Staff regarding the companies’ proposed merger. Portions of this press release are being filed as Exhibit 99.1 to this Form 8-K and are incorporated herein by reference.
Section 9 – FINANCIAL STATEMENTS AND EXHIBITS
| Item 9.01 | Financial Statements and Exhibits. |
| | 99.1 | Portions of the Joint Press Release of Progress Energy, Inc. and Duke Energy Corporation, issued September 2, 2011. |
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 hereunto duly authorized.
| | |
| | PROGRESS ENERGY, INC. |
| | Registrant |
| |
| By: | | /s/ David B. Fountain |
| | David B. Fountain |
| | Assistant Secretary |
Date:
September 2, 2011
INDEX TO EXHIBITS
| | |
Exhibit
No. | | Description |
| |
| 99.1 | | Portions of the Joint Press Release of Progress Energy, Inc. and Duke Energy Corporation, issued September 2, 2011. |
