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): June 20, 2011
DUKE ENERGY CORPORATION
(Exact Name of Registrant as Specified in its Charter)
Delaware |
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001-32853 |
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20-2777218 |
(State or Other Jurisdiction of Incorporation) |
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(Commission File Number) |
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(IRS Employer Identification No.) |
526 South Church Street, Charlotte, North Carolina 28202
(Address of Principal Executive Offices, including Zip code)
(704) 594-6200
(Registrants telephone number, including area code)
DUKE ENERGY OHIO, INC.
(Exact Name of Registrant as Specified in its Charter)
Ohio |
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1-232 |
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31-0240030 |
(State or Other Jurisdiction |
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(Commission |
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(IRS Employer |
139 East Fourth Street, Cincinnati, Ohio 45202
(Address of Principal Executive Offices, including Zip code)
(704) 594-6200
(Registrants telephone number, including area code)
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 June 20, 2011, Duke Energy Ohio, Inc. (DE Ohio) filed an application with the Public Utilities Commission of Ohio seeking approval of an Electric Security Plan (ESP) beginning January 1, 2012 with rates in effect through May 31, 2021. Pursuant to the ESP, DE Ohio customers would pay for capacity through a non-bypassable, cost-of-service-based charge, while energy would be priced and purchased through a competitive auction bidding process.
A summary providing additional detail on the ESP filing is attached as Exhibit 99.1.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
99.1 Summary of Duke Energy Ohio Electric Security Plan (ESP) Filing.
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: June 20, 2011 |
By: |
/s/ Marc E. Manly |
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Name: |
Marc E. Manly |
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Title: |
Group Executive, Chief Legal Officer and Corporate Secretary |
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DUKE ENERGY OHIO, INC. | |
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Date: June 20, 2011 |
By: |
/s/ Marc E. Manly |
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Name: |
Marc E. Manly |
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Title: |
Group Executive and Chief Legal Officer |
EXHIBIT 99.1
Duke Energy Ohio
Electric Security Plan (ESP) Filing
Background
· Ohio Senate Bill No. 221 (SB221) requires electric distribution utility companies to provide a standard service offer through either an Electric Security Plan (ESP) or a Market Rate Offer (MRO)
· Duke Energy Ohios current ESP expires at the end of 2011
· On November 15, 2010, Duke Energy Ohio filed with the Public Utilities Commission of Ohio (PUCO) for approval of a MRO
· PUCO issued its final order denying Duke Energy Ohios MRO application on May 4, 2011
Duke Energy Ohios Proposed ESP
· On June 20, 2011, Duke Energy Ohio filed with the PUCO an application for an ESP with a term of nine years, five months
· Term from January 1, 2012 to May 31, 2021
· Ultimately aligns terms with PJMs planning years
· Primary Objectives of Proposed ESP
· Provides customers reasonable and stable pricing for an extended period
· Allows Duke Energy Ohio better opportunities for financial stability
· Supports a competitive market in Ohio
· Primary Components of Generation Pricing (Summarized in Table 1)
· Bifurcates the capacity and energy components of electricity pricing
· Retail Capacity Rider (unavoidable charge)
· Based upon the embedded cost of capacity of the Legacy Generating Assets(1) including costs to acquire additional capacity to meet reserve requirements
· Proposed Return on Equity of 10.75%
· As of December 31, 2010, the Legacy Generating Assets had Production Rate Base of approximately $1.7 billion
· Rider will be adjusted annually
· Profit Sharing Mechanism (unavoidable benefit to customers)
· Duke Energy Ohios Legacy Generating Assets will dispatch into the wholesale markets, when economical
· Net profits from the sale of energy and ancillary services by the Legacy Generating Assets will be shared between customers, Duke Energy Ohio and an economic development fund
· Duke Energy will allocate
· 76 percent to customers in its service territory;
· 19 percent to be retained by Duke Energy Ohio; and
· 5 percent to fund economic development initiatives
· Helps to offset customer rate volatility resulting from changes in energy prices
· Rider will be adjusted quarterly
(1) Consists of Duke Energy Ohios ownership in six primarily coal-fired generating stations with an installed capacity of 3,953 MW.
· Retail Energy Rider (avoidable charge)
· 100% of energy needed to serve native load customers will be procured through a competitive auction bidding process (see below for more details)
· Pricing under this rider will be established through this competitive auction bidding process
· Rider will be adjusted after the conclusion of each competitive auction
· Competitive Auction Bidding Process
· Auction products with terms of 12 months, 24 months and 36 months (after first auction)
· Descending-price clock auction format
· Each tranche represents 1% of the hourly, load-following full-requirements of Duke Energy Ohios standard service offer load
· To be administered by an independent third-party
· Auctions will be staggered to achieve price-smoothing benefits for customers
· Single auction to establish pricing for 2012
· Two auctions (June, October) to set pricing for each subsequent year
· Aligns with PJM capacity auctions
· 80 percent load cap for any single supplier
· Legacy Generating Asset Transfer
· If the PUCO approves the ESP as proposed, and the plan persists for its entire term, Duke Energy Ohio will not seek to transfer the Legacy Generating Assets during the term of the ESP
· Procedural Schedule
· Duke Energy Ohio has requested a Technical Conference to describe the proposed ESP filing in greater detail to interested parties
· By statute, PUCO is to issue an order on a proposed ESP within 275 days of filing
Table 1 New Riders Under Proposed ESP
Rider Name |
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Description |
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Avoidable? |
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Rider RC |
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Retail Capacity |
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No |
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Rider PSM |
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Profit Sharing Mechanism |
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No |
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Rider RE |
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Retail Energy |
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Yes |
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Rider AER-R |
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Alternative Energy Recovery Rider |
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Yes |
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Rider RECON |
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Reconciliation Rider for over-/under-recovery of eliminated ESP-era riders (six-month duration) |
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Yes |
Rider UE-GEN |
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Uncollectible Expense Rider for Generation |
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No |
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Rider DR |
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Distribution Reliability |
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No |
Note the existing generation-related ESP riders will terminate effective with the implementation of these new riders