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EX-99.1 - EXHIBIT 99.1 - PROGRESS ENERGY INCeightk07072011exhibit.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): July 7, 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)
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 8 – OTHER EVENTS

Item 8.01  Other Events.

Progress Energy, Inc. ("Progress Energy") and Duke Energy Corporation ("Duke Energy") issued a joint press release today announcing that the Securities and Exchange Commission has declared effective the Registration Statement on Form S-4 concerning the agreement and plan of merger between Duke Energy and Progress Energy. The joint proxy statement/prospectus contained in the registration statement will be mailed to Progess Energy and Duke Energy shareholders of record as of the close of business on July 5, 2011. Progress Energy and Duke Energy have scheduled special meetings on August 23, 2011 for shareholders to vote on the companies’ proposed merger announced on January 10, 2011. A copy of this release is being filed as Exhibit 99.1 to this Form 8-K.

Section 9 – FINANCIAL STATEMENTS AND EXHIBITS

Item 9.01  Financial Statements and Exhibits.
 
          (d)    EXHIBITS.
   
   99.1   Joint Press Release of Progress Energy, Inc. and Duke Energy Corporation, issued July 7, 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/ Holly H. Wenger
     
Holly H. Wenger
     
Assistant Secretary
       

 
Date:  July 7, 2011

 
 

 
INDEX TO EXHIBITS
 
 Exhibit No.  Description
   
 99.1  Joint Press Release of Progress Energy, Inc. and Duke Energy Corporation, issued July 7, 2011.