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): April 13, 2012

 

 

 

(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.

410 S. Wilmington Street

Raleigh, North Carolina 27601-1748

Telephone: (919) 546-6111

State of Incorporation: North Carolina

  56-2155481

 

 

 

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))

 

 

 


Item 8.01 Other Events.

On April 10, 2012, Progress Energy, Inc. (the “Company”) and Duke Energy Corporation (together with the Company, the “Companies”) received a request for additional information (“RAI”) from the Federal Energy Regulatory Commission (the “FERC”) in connection with their second wholesale market power mitigation plan filed on March 26, 2012 with the FERC as part of the Companies’ proposed merger. On April 13, 2012, the Companies responded to the FERC’s RAI. The Companies continue to target the closing of the merger on July 1, 2012.


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/ Holly H. Wenger

  Holly H. Wenger
  Assistant Secretary

Date: April 13, 2012