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Duke Energy Progress NC Storm Funding 8-KOther Events

Filed: 24 Nov 21, 4:35pm
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    SEC
    • 8-K Current report
    • 4.1 Instruments defining the rights of security holders, including indentures
    • 4.2 Instruments defining the rights of security holders, including indentures
    • 5.1 Legality opinion
    • 8.1 Tax matters opinion
    • 10.1 Material contracts
    • 10.2 Material contracts
    • 10.3 Material contracts
    • 99.2 Additional exhibits
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    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: November 24, 2021

    (Date of earliest event reported)

     

     

     

    Commission file
    number
    Registrant, State of Incorporation or Organization,
    Address of Principal Executive Offices and Telephone Number
    IRS Employer
    Identification Number
    1-3382

    DUKE ENERGY PROGRESS, LLC

    (an North Carolina limited liability company)

    410 South Wilmington Street

    Raleigh, North Carolina 27601-1748

    704-382-3853

    56-0165465
    333-259315-01

    DUKE ENERGY PROGRESS NC STORM FUNDING LLC

    (a Delaware limited liability company)

    410 South Wilmington Street

    Raleigh, North Carolina 27601-1748

    704-382-3853

    87-2308312

     

     

     

    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 (see General Instruction A.2. below):

     

    ¨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))

     

    SECURITIES REGISTERED PURSUANT TO SECTION 12(b) OF THE ACT:

     

     Title of each class Trading
    Symbol(s)
     Name of each exchange on which
    registered
       None.  

     

    Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

     

    Emerging growth company ¨

     

    If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨

     

     

     

    Co-Registrant CIK0001881229
    Co-Registrant Amendment Flagfalse
    Co-Registrant Form Type8-K
    Co-Registrant DocumentPeriodEndDate2021-11-24
    Co-Registrant Written Communicationsfalse
    Co-Registrant Solicitating Materialsfalse
    Co-Registrant PreCommencement Tender Offerfalse
    Co-Registrant PreCommencement Issuer Tender Offerfalse
    Co-Registrant Emerging Growth Companyfalse

     

     

     

     

    Item 8.01.Other Events

     

    On November 24, 2021, Duke Energy Progress NC Storm Funding LLC (the “Issuing Entity”) issued $769,627,000 of Series A Senior Secured Storm Recovery Bonds (the “Storm Recovery Bonds”), pursuant to an Indenture and Series Supplement (together, the “Indenture”), each dated as of November 24, 2021. The Storm Recovery Bonds were offered pursuant to the Prospectus dated November 17, 2021. In connection with this issuance of the Storm Recovery Bonds, Duke Energy Progress, LLC and the Issuing Entity are filing the exhibits listed in Item 9.01, which are annexed hereto as exhibits to this Current Report on Form 8-K.

     

    Item 9.01.Financial Statements and Exhibits

     

    (d) Exhibits.

     

    Exhibit
    No.

     

    Description

    4.1 Indenture between Duke Energy Progress NC Storm Funding LLC and the Indenture Trustee (including forms of the Senior Secured Storm Recovery Bonds) dated as of November 24, 2021
    4.2 Series Supplement between Duke Energy Progress NC Storm Funding LLC and the Indenture Trustee, dated as of November 24, 2021
    5.1 Opinion of Hunton Andrews Kurth LLP with respect to legality
    8.1 Opinion of Hunton Andrews Kurth LLP with respect to tax matters
    10.1 Storm Recovery Property Servicing Agreement between Duke Energy Progress NC Storm Funding LLC and Duke Energy Progress, LLC, as Servicer, dated as of November 24, 2021
    10.2 Storm Recovery Property Purchase and Sale Agreement between Duke Energy Progress NC Storm Funding LLC and Duke Energy Progress, LLC, as Seller, dated as of November 24, 2021
    10.3 Administration Agreement between Duke Energy Progress NC Storm Funding LLC and Duke Energy Progress, LLC, as Administrator, dated as of November 24, 2021
    23.1 Consent of Hunton Andrews Kurth LLP (included as part of its opinions filed as Exhibit 5.1 and Exhibit 8.1)
    99.2 Opinion of Hunton Andrews Kurth LLP with respect to U.S. and North Carolina constitutional matters
    104 

    Cover Page Interactive Data File - the cover page XBRL tags are embedded within the Inline XBRL document

     

     

     

    SIGNATURES

     

    Pursuant to the requirements of the Securities Exchange Act of 1934, the registrants have duly caused this report to be signed on their behalf by the undersigned thereunto duly authorized.

     

     DUKE ENERGY PROGRESS, LLC

     

     By:/s/ Robert T. Lucas III
      Robert T. Lucas III
    Dated:  November 24, 2021 Assistant Secretary

     

     DUKE ENERGY PROGRESS NC STORM FUNDING LLC

     

     By:/s/ Robert T. Lucas III
      Robert T. Lucas III
    Dated:  November 24, 2021 Secretary

     

     

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