-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, PcTVjTxkt/K7chkD72rS0qNRf3PJ8H14OP2nxI97uHL9Hmq7JnUo3QHn3yIiJv1r z8JB2ypis2UaO6503RCiyw== 0001094093-06-000025.txt : 20060213 0001094093-06-000025.hdr.sgml : 20060213 20060213091159 ACCESSION NUMBER: 0001094093-06-000025 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060213 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20060213 DATE AS OF CHANGE: 20060213 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PROGRESS ENERGY INC CENTRAL INDEX KEY: 0001094093 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 562155481 STATE OF INCORPORATION: NC FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-15929 FILM NUMBER: 06600949 BUSINESS ADDRESS: STREET 1: 410 S WILMINGTON ST CITY: RALEIGH STATE: NC ZIP: 27601 BUSINESS PHONE: 9195466463 MAIL ADDRESS: STREET 1: 410 S WILMINGTON ST CITY: RALEIGH STATE: NC ZIP: 27601 FORMER COMPANY: FORMER CONFORMED NAME: CP&L ENERGY INC DATE OF NAME CHANGE: 20000314 FORMER COMPANY: FORMER CONFORMED NAME: CP&L HOLDINGS INC DATE OF NAME CHANGE: 19990830 8-K 1 eightk.htm CURRENT REPORT

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): February 13, 2006

Commission File Number  Exact name of registrant as specified in its charter,
address of principal executive office, telephone number
and state of incorporation
IRS Employer Number
1-15929         PROGRESS ENERGY, INC.
     410 South 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:

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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))

SECTION 7 REGULATION FD

Item 7.01 Regulation FD Disclosure

On February 13, 2006, Progress Energy, Inc. issued a press release announcing the positive resolution of the synthetic fuel audit concerning its Earthco facilities. A copy of this release is being furnished as Exhibit 99.1 to this Current Report on Form 8-K.

The information in this Current Report on Form 8-K, including Exhibit 99.1, 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, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, except as shall be expressly set forth by specific reference in such a filing.

SECTION 9 FINANCIAL STATEMENTS AND EXHIBITS

Item 9.01 Financial Statements and Exhibits

(c) EXHIBITS.

99.1 Press Release dated February 13, 2006.

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 hereunto duly authorized.

PROGRESS ENERGY, INC.
Registrants


By:/s/ Jeffrey M. Stone
     Jeffrey M. Stone
     Chief Accounting Officer

Date: February 13, 2006


INDEX TO EXHIBITS

Exhibit No.
99.1
Description
Press Release dated February 13, 2006.
EX-99 2 exhibit991.htm EXHIBIT 99.1

[PROGRESS ENERGY LOGO]



Progress Energy announces positive ruling from Internal Revenue Service in audit of its Earthco synthetic fuel facilities

RALEIGH, N.C. (Feb. 13, 2006) – Progress Energy [NYSE: PGN] announced today that the Field Auditors of the Internal Revenue Service (IRS) have verbally informed the company that the IRS National Office has concluded that the company’s four Earthco synthetic fuel facilities met the placed-in-service requirement, which is one of the conditions to qualify for tax credits under Section 45K (formerly Section 29) of the Internal Revenue Code. The Field Auditors also indicated that, once they receive written confirmation of this conclusion, they will close their audit without any disallowance of tax credits.

“Successfully resolving the placed-in-service issue has been a top priority for the company, so we are very pleased by the outcome,” said Bob McGehee, chairman and CEO, Progress Energy. “This positive ruling removes a major uncertainty for the company and will allow our management team to focus on strategic uses of the cash benefits provided by the synthetic fuel tax credits.”

Through December 31, 2005, the company has generated $1.25 billion of tax credits from the Earthco facilities.

Progress Energy will discuss this development on its earnings conference call scheduled for 10 a.m. ET (7 a.m. PT) Wednesday, Feb. 15, 2006. Investors, media and the public may listen to the call by dialing (706) 634-7167 and entering confirmation code 4257612. Should you encounter problems, please contact Al Myers at (919) 546-2233.

A webcast of the live conference call and the presentation slides will be available at www.progress-energy.com/webcast. The webcast will be available in Windows Media format. The webcast will be archived on the site for at least 30 days following the call for those unable to listen in real time. A replay of the audio will be available from 2 p.m. Feb. 15 through midnight March 1 by calling (706) 645-9291 and entering replay passcode 4257612.

Progress Energy (NYSE: PGN), headquartered in Raleigh, N.C., is a Fortune 250 diversified energy company with more than 24,500 megawatts of generation capacity and $10 billion in annual revenues. The company’s holdings include two electric utilities serving approximately 3 million customers in North Carolina, South Carolina, and Florida. Progress Energy also includes nonregulated operations covering merchant generation, energy marketing and natural gas exploration. Progress Energy was the 2005 recipient of the prestigious J.D. Power and Associates Founder’s Award for dedication, commitment and sustained improvement in customer service. For more information about Progress Energy, visit the company’s Web site at http://www.progress-energy.com.

Caution Regarding Forward-Looking Information:

This document contains forward-looking statements within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements, by their very nature, involve assumptions, risks and uncertainties that could cause actual results or outcomes to differ materially from those expressed in the forward-looking statements. Any forward-looking statement speaks only as of the date such statement is made, and we undertake no obligation to update any forward-looking statement or statements to reflect events or circumstances after the date on which such statement is made. Particularly, with regard to today’s release, we note that, while we have been verbally informed of the definitive, positive ruling from the Field Audit team, we have not yet received the written documentation (i.e., the Technical Advice Memorandum) from the IRS.

Other risk factors are detailed from time to time in our SEC reports. All such factors are difficult to predict, contain uncertainties that may materially affect actual results, and may be beyond our ability to control or estimate precisely. Additionally, new factors emerge from time to time, and it is not possible for management to predict all such factors or to assess the effect each such factor will have on us.

_________________

Contacts:

Investor Relations, Bob Drennan, 919-546-7474

Corporate Communications, Keith Poston or Garrick Francis, 919-546-6189, or toll-free 877-641-NEWS (6397)

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