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): August 21, 2014
Commission file |
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Registrant, State of Incorporation or Organization, Address of Principal Executive Offices, and Telephone Number |
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IRS Employer |
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1-32853 |
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DUKE ENERGY CORPORATION (a Delaware corporation) 550 South Tryon Street Charlotte, North Carolina 28202-1803 704-382-3853 |
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20-2777218 |
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1-04928 |
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DUKE ENERGY CAROLINAS, LLC (a North Carolina limited liability company) (a North Carolina corporation) 410 South Wilmington Street Raleigh, North Carolina 27601-1748 |
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56-0205520 |
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1-3382 |
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DUKE ENERGY PROGRESS, INC. (a North Carolina corporation) 410 South Wilmington Street Raleigh, North Carolina 27601-1748 |
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56-0165465 |
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))
Item 7.01. Regulation FD Disclosure.
On August 20, 2014, the Coal Ash Management Act of 2014 (the Act) was approved by the North Carolina House and Senate and sent to North Carolina Governor McCrory for review. An overview providing detail on the Act is attached to this Form 8-K as Exhibit 99.1.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
99.1 Summary of NC Coal Ash Management Act of 2014
SIGNATURE
Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
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DUKE ENERGY CORPORATION | |
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Date: August 21, 2014 |
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/s/ Julie S. Janson |
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Name: |
Julia S. Janson |
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Title: |
Executive Vice President, Chief Legal Officer and Corporate Secretary |
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DUKE ENERGY CAROLINAS, LLC | |
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Date: August 21, 2014 |
By: |
/s/ Julie S. Janson |
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Name: |
Julia S. Janson |
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Title: |
Executive Vice President and Chief Legal Officer |
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DUKE ENERGY PROGRESS, INC. | |
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Date: August 21, 2014 |
By: |
/s/ Julie S. Janson |
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Name: |
Julia S. Janson |
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Title: |
Executive Vice President and Chief Legal Officer |
Exhibit 99.1
Duke Energy IR Summary - NC Coal Ash Management Act of 2014
Background:
On February 2, 2014 a break in a stormwater pipe beneath an ash basin at Duke Energys retired Dan River Steam Station caused a release of approximately 30,000 to 39,000 tons of ash into the Dan River. This incident led to a broader discussion on coal ash management in the state of North Carolina.
On March 12, 2014, Lynn Good, Duke Energys President and CEO, outlined the Companys recommendations for near-term and longer-term coal ash management in a public letter to NC Governor McCrory. The Company proposed excavation of ash basins at three sites (Dan River, Riverbend, and Asheville), acceleration of a closure plan for the Sutton site, and evaluation of dry fly-ash handling at the Companys two remaining active sites (Cliffside Unit 5 and Asheville Units 1 - 2) that dont currently have this technology.
On April 22, 2014, Paul Newton, Duke Energy North Carolinas President, provided an estimated range of costs for ash basin closure to the NC General Assemblys Environmental Review Commission. This presentation estimated that the costs to close the Companys North Carolina ash basins would range from $2 billion to $10 billion, depending on methods chosen.
For more information on Duke Energys coal ash management plans, as well as industry information on the subject, please visit www.duke-energy.com/ash-management.
2014 Legislative Session in North Carolina:
· May 14th - Senate Bill 729 (SB 729) was introduced during the 2014 short legislative session in North Carolina
· June 25th - SB 729 was passed by the Senate in a unanimous vote (45-0, 4 absences)
· July 3rd - SB 729 was passed by the House (94-16) with certain modifications to the Senate version
· July 14th Senate voted not to concur with the House version, requiring a conference committee to finalize legislation
· August 19th A compromise bill is reached by the conference committee
· August 20th Coal Ash Management Act of 2014 (the Act) is approved by the North Carolina House & Senate and sent to Governor McCrory for review
Key Provisions of the Act:
· Immediate Actions: Requires ash basins at Dan River, Asheville, Riverbend, and Sutton to be excavated and closed as quickly as practicable and no later than 8/1/2019. All active plants must convert to dry fly ash handling by 12/31/2018 (or retire the units) and dry bottom ash handling by 12/31/2019 (or retire the units).
· Classifications: The remaining ash basins will be classified by the North Carolina Department of Environment and Natural Resources (DENR) into three categories of risk by 12/31/2015. Basins determined to be high-risk must be closed by no later than 12/31/2019, intermediate-risk basins by no later than 12/31/2024, and low-risk basins by no later than 12/31/2029.
· Variance Authority: Allows the Coal Ash Management Commission to grant a variance to extend any deadline for closure of an impoundment, but not extend the deadline for more than three years beyond the date applicable to the impoundment (2019, 2024 or 2029).
· Closure Methodologies: High and intermediate-risk basins may not be capped in place instead, coal ash from those facilities must be de-watered, excavated and relocated to lined landfills or recycled toward a beneficial use such as concrete production or roadway construction. Low-risk basins are closed via de-watering and capping in place or another methodology approved by DENR and the Coal Ash Management Commission.
· Coal Ash Management Commission: Establishes a new, independent and specialized nine-member Coal Ash Management Commission to review and approve risk classifications and closure plans proposed by DENR and
owners of coal ash basins. The commission will make policy recommendations to the General Assembly to ensure efficient and safe coal ash management statewide. Commissioners will be appointed to six year terms (3 appointed by the Governor and 6 appointed by the General Assembly). The Commission chair will be named by the Governor.
· Cost Recovery: Moratorium on cost recovery of basin closure costs from retail customers until January 15, 2015; however, utilities can seek deferral of costs during the moratorium. The moratorium does not apply to recovery through the fuel clause of the net sale of ash byproducts. Under this legislation, the recovery of coal ash basin closure costs will be eligible for consideration by the North Carolina Utility Commission (NCUC).
· Expedited Permitting Process: DENR is required to assess the completeness of an application to conduct activities under the Act within 30 days and will issue a draft decision within 90 days after the application is determined to be complete. There shall be a public hearing/comment period for no less than 30 days but no more than 60 days after the draft decision is issued. Final permits are issued within 60 days of the expiration of the comment period.
Key Deadlines & Milestones Under the Act:
Key Date/Deadline |
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Action |
1/15/2015 |
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Moratorium on NCUC granting base rate increases for ash basin cost recovery ends |
8/1/2015 |
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Moratorium on unlined structural fill projects until this date |
On or Before 12/31/2015 |
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DENR submits classifications and priorities of risk levels for ash basins |
On or Before 12/31/2018 |
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All active plants must convert to dry fly ash handling or retire |
On or Before 8/1/2019 |
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Riverbend, Dan River, Asheville, and Sutton impoundments must be closed |
On or Before 12/31/2019 |
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High-risk impoundments must be closed |
On or Before 12/31/2019 |
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All plants must convert to dry bottom ash handling or retire |
On or Before 12/31/2024 |
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Intermediate-risk impoundments must be closed |
On or Before 12/31/2029 |
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Low-risk impoundments must be closed |
Duke Energy Next Steps:
· Finalize our long-term ash basin closure strategies for all sites on our system by the end of 2014. These plans will be informed by final EPA regulations on Coal Combustion Residuals, which is expected in December 2014.
· We are committed to developing a scientific, engineered solution for each site that will protect the environment and allow us to continue to provide safe, reliable and cost-effective electricity for our customers.
· Our ash basin closure costs will be dependent upon the methodology selected and approved for each site. We will continue to refine our projections for closure costs as our plans are finalized.