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EX-99.1 - CVO 3RD QUARTER 2009 - PROGRESS ENERGY INC | cvo_09302009.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): September 30,
2009
PROGRESS
ENERGY, INC.
|
(Exact
Name of Registrant as Specified in Its
Charter)
|
North
Carolina
|
(State
or Other Jurisdiction of
Incorporation)
|
1-15929
|
56-2155481
|
(Commission
File Number)
|
(IRS
Employer Identification No.)
|
410
S. Wilmington St., Raleigh, North Carolina
|
27601-1748
|
(Address
of Principal Executive Offices)
|
(Zip
Code)
|
919-546-6111
|
(Registrant's
Telephone Number, Including Area
Code)
|
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:
o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
SECTION
7 - REGULATION FD
Item
7.01Regulation FD
Disclosure.
The
information in this report (including the exhibit) is furnished pursuant to Item
7.01 and shall not be deemed “filed” for the purposes of Section 18 of the
Securities Exchange Act of 1934, as amended, or otherwise subject to the
liabilities of that Section. The furnishing of this report is not intended to
constitute a determination by Progress Energy, Inc. (“Progress Energy”) that the
information is material or that the dissemination of the information is required
by Regulation FD.
On
November 16, 2009, Progress Energy completed a Quarterly Report to Holders of
Contingent Value Obligations for the Quarter Ended September 30, 2009 (the CVO
Report). A copy of the CVO Report is being furnished as Exhibit 99.1, which is
incorporated by reference into this Item 7.01.
Progress
Energy regards any information provided in the CVO Report to be current and
accurate only as of the date of the CVO Report and specifically disclaims any
duty to update such information unless it is necessary to do so in accordance
with applicable law.
This
report, including the CVO Report, contains forward-looking statements within the
meaning of the safe harbor provisions of the Private Securities Litigation
Reform Act of 1995. The forward-looking statements involve estimates,
projections, goals, forecasts, assumptions, risks and uncertainties that could
cause actual results or outcomes to differ materially from those expressed in or
implied by the forward-looking statements. Examples of factors that you should
consider with respect to any forward-looking statements made throughout this
document include but are not limited to, the following: Progress Energy's
continued ability to utilize Internal Revenue Code Section 29/45K (Section
29/45K) tax credits related to its former coal-based solid synthetic fuels
businesses, cash flows derived from the synthetic fuels plants, assumptions
regarding utilization of Section 29/45K tax credits considering ordering rules
and assumptions regarding successful and timely resolution of future federal tax
examinations. All such factors are difficult to predict, contain uncertainties
that may materially affect actual results, and may be beyond the control of
Progress Energy. New factors emerge from time to time, and it is not possible
for management to predict all of such factors, nor can it assess the effect of
each such factor on Progress Energy.
Any
forward-looking statement speaks only as of the date on which such statement is
made, and Progress Energy does not undertake any obligation to update any
forward-looking statement or statements to reflect events or circumstances after
the date on which such statement is made.
SECTION
9 - FINANCIAL STATEMENTS AND EXHIBITS
Item
9.01Financial
Statements and Exhibits.
(c) EXHIBITS.
99.1
|
Quarterly
Report to Holders of Contingent Value Obligations for the Quarter Ended
September 30, 2009.
|
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.
|
||
Date:
November 16, 2009
|
Registrant
|
|
By:
|
/s/ Jeffrey M. Stone
|
|
Jeffrey
M. Stone
|
||
Chief
Accounting Officer and Controller
|
||