Attached files

file filename
EX-1 - UNDERWRITING AGREEMENT - DUKE ENERGY FLORIDA, LLC.dex1.htm
EX-4 - FIFTIETH SUPPLEMENTAL INDENTURE - DUKE ENERGY FLORIDA, LLC.dex4.htm
EX-5 - OPINION OF R. ALEXANDER GLENN - DUKE ENERGY FLORIDA, LLC.dex5.htm

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, DC 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 15, 2011

 

 

 

Commission

File Number

 

Exact name of registrant as specified in its charter,

state of incorporation, address of principal executive offices,

and telephone number

 

I.R.S. Employer
Identification Number

1-3274  

FLORIDA POWER CORPORATION

d/b/a PROGRESS ENERGY FLORIDA, INC.

299 First Avenue North

St. Petersburg, Florida 33701

Telephone: (727) 820-5151

State of Incorporation: Florida

  59-0247770

 

 

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:

 

¨ 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 8.01. OTHER EVENTS

(a) UNDERWRITING AGREEMENT. The Registrant has entered into an Underwriting Agreement, dated August 15, 2011, by and among the Registrant and Barclays Capital Inc., Citigroup Global Markets Inc. and Goldman, Sachs & Co., as representatives of the several underwriters, in connection with the offering of $300,000,000 aggregate principal amount of the Registrant’s First Mortgage Bonds, 3.10% Series due 2021, registered with the Securities and Exchange Commission on Form S-3 (Reg. No. 333-155418-01). A copy of the Underwriting Agreement is filed herewith as Exhibit 1.

(b) FIFTIETH SUPPLEMENTAL INDENTURE. The Registrant has entered into a Fiftieth Supplemental Indenture, dated as of August 1, 2011, to its Indenture, dated January 1, 1944, as supplemented, (the “Mortgage”), with The Bank of New York Mellon, as successor Trustee, in connection with the issuance of the Registrant’s First Mortgage Bonds, 3.10% Series due 2021. A copy of the Fiftieth Supplemental Indenture to the Mortgage is filed herewith as Exhibit 4.

 

ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS

 

Exhibit
No.

  

Description

  1

   Underwriting Agreement, dated August 15, 2011, by and among the Registrant and Barclays Capital Inc., Citigroup Global Markets Inc. and Goldman, Sachs & Co., as representatives of the several underwriters.

  4

   Fiftieth Supplemental Indenture, dated as of August 1, 2011, to the Registrant’s Indenture, dated January 1, 1944, as supplemented, with The Bank of New York Mellon, as successor Trustee.

  5

   Opinion of R. Alexander Glenn as to legality of the Securities issued by the Registrant

23

   Consent of R. Alexander Glenn to the filing of Exhibit 5 herewith (included in his opinion filed as Exhibit 5)


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.

 

FLORIDA POWER CORPORATION d/b/a PROGRESS ENERGY FLORIDA, INC.
Registrant
By:  

/s/ Mark M. Mulhern

  Mark M. Mulhern
  Senior Vice President and
  Chief Financial Officer

Date: August 18, 2011