|
Duke Energy
Corporation Delaware |
| |
Duke Energy
Carolinas, LLC North Carolina |
| |
Duke Energy
Florida, LLC Florida |
| |
Duke Energy
Indiana, LLC Indiana |
| |
Duke Energy
Ohio, Inc. Ohio |
| |
Duke Energy
Progress, LLC North Carolina |
| |
Piedmont Natural Gas
Company, Inc. North Carolina |
|
|
(State or other jurisdiction of incorporation or organization)
|
| ||||||||||||||||||
|
20-2777218
|
| |
56-0205520
|
| |
59-0247770
|
| |
35-0594457
|
| |
31-0240030
|
| |
56-0165465
|
| |
56-0556998
|
|
|
(I.R.S. Employer Identification Number)
|
| ||||||||||||||||||
|
526 South Church Street
Charlotte, NC 28202 (704) 382-3853 |
| |
526 South Church Street
Charlotte, NC 28202 (704) 382-3853 |
| |
229 First Avenue North
St. Petersburg, FL 33701 (704) 382-3853 |
| |
1000 East Main Street
Plainfield, IN 46168 (704) 382-3853 |
| |
139 East Fourth Street
Cincinnati, OH 45202 (704) 382-3853 |
| |
410 South Wilmington Street
Raleigh, NC 27601 (704) 382-3853 |
| |
4720 Piedmont Row Drive
Charlotte, NC 28210 (704) 364-3120 |
|
|
(Address, including zip code, and telephone number, including area code, of registrant’s principal executive offices)
|
|
| Duke Energy Corporation | | |
Large accelerated filer
|
| | ☒ | | | Accelerated filer | | | ☐ | |
| | | |
Non-accelerated filer
|
| | ☐ | | |
Smaller reporting company
|
| | ☐ | |
| | | | | | | | | |
Emerging growth company
|
| | ☐ | |
| Duke Energy Carolinas, LLC | | |
Large accelerated filer
|
| | ☐ | | | Accelerated filer | | | ☐ | |
| | | |
Non-accelerated filer
|
| | ☒ | | |
Smaller reporting company
|
| | ☐ | |
| | | | | | | | | |
Emerging growth company
|
| | ☐ | |
| Duke Energy Florida, LLC | | |
Large accelerated filer
|
| | ☐ | | | Accelerated filer | | | ☐ | |
| | | |
Non-accelerated filer
|
| | ☒ | | |
Smaller reporting company
|
| | ☐ | |
| | | | | | | | | |
Emerging growth company
|
| | ☐ | |
| Duke Energy Indiana, LLC | | |
Large accelerated filer
|
| | ☐ | | | Accelerated filer | | | ☐ | |
| | | |
Non-accelerated filer
|
| | ☒ | | |
Smaller reporting company
|
| | ☐ | |
| | | | | | | | | |
Emerging growth company
|
| | ☐ | |
| Duke Energy Ohio, Inc. | | |
Large accelerated filer
|
| | ☐ | | | Accelerated filer | | | ☐ | |
| | | |
Non-accelerated filer
|
| | ☒ | | |
Smaller reporting company
|
| | ☐ | |
| | | | | | | | | |
Emerging growth company
|
| | ☐ | |
| Duke Energy Progress, LLC | | |
Large accelerated filer
|
| | ☐ | | | Accelerated filer | | | ☐ | |
| | | |
Non-accelerated filer
|
| | ☒ | | |
Smaller reporting company
|
| | ☐ | |
| | | | | | | | | |
Emerging growth company
|
| | ☐ | |
|
Piedmont Natural Gas Company, Inc.
|
| |
Large accelerated filer
|
| | ☐ | | | Accelerated filer | | | ☐ | |
| | | |
Non-accelerated filer
|
| | ☒ | | |
Smaller reporting company
|
| | ☐ | |
| | | | | | | | | |
Emerging growth company
|
| | ☐ | |
| | | | | ii | | | |
| | | | | ii | | | |
| | | | | ii | | | |
| | | | | 1 | | | |
| | | | | 1 | | | |
| | | | | 2 | | | |
| | | | | 2 | | | |
| | | | | 2 | | | |
| | | | | 3 | | | |
| | | | | 4 | | | |
| | | | | 4 | | | |
| | | | | 10 | | | |
| | | | | 11 | | | |
| | | | | 11 | | | |
| | | | | 11 | | |
| | |
Page
|
| |||
| | | | ii | | | |
| | | | ii | | | |
| | | | ii | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 5 | | | |
| | | | 12 | | | |
| | | | 19 | | | |
| | | | 20 | | | |
| | | | 20 | | | |
| | | | 21 | | | |
| | | | 21 | | |
| | |
Page
|
| |||
| | | | ii | | | |
| | | | ii | | | |
| | | | ii | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 6 | | | |
| | | | 16 | | | |
| | | | 17 | | | |
| | | | 18 | | | |
| | | | 18 | | | |
| | | | 18 | | |
| | |
Page
|
| |||
| | | | ii | | | |
| | | | ii | | | |
| | | | ii | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 5 | | | |
| | | | 10 | | | |
| | | | 11 | | | |
| | | | 12 | | | |
| | | | 12 | | | |
| | | | 12 | | |
| | |
Page
|
| |||
| | | | ii | | | |
| | | | ii | | | |
| | | | ii | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 12 | | | |
| | | | 18 | | | |
| | | | 18 | | | |
| | | | 19 | | | |
| | | | 19 | | | |
| | | | 20 | | |
| | |
Page
|
| |||
| | | | ii | | | |
| | | | ii | | | |
| | | | ii | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 1 | | | |
| | | | 6 | | | |
| | | | 16 | | | |
| | | | 17 | | | |
| | | | 17 | | | |
| | | | 18 | | | |
| | | | 18 | | |
| | | | | ii | | | |
| | | | | ii | | | |
| | | | | ii | | | |
| | | | | 1 | | | |
| | | | | 1 | | | |
| | | | | 1 | | | |
| | | | | 1 | | | |
| | | | | 12 | | | |
| | | | | 13 | | | |
| | | | | 14 | | | |
| | | | | 14 | | | |
| | | | | 14 | | |
|
SEC registration fee
|
| | | $ | * | | |
|
Legal fees and expenses
|
| | | | ** | | |
|
Accounting fees and expenses
|
| | | | ** | | |
|
Printing expenses
|
| | | | ** | | |
|
Rating agency fees
|
| | | | ** | | |
|
Trustee and/or Transfer Agent and Registrar and Depositary fees and expenses
|
| | | | ** | | |
|
Stock exchange listing fees
|
| | | | ** | | |
|
Blue Sky fees and expenses
|
| | | | ** | | |
|
Miscellaneous
|
| | | | ** | | |
|
TOTAL
|
| | | $ | ** | | |
|
Exhibit No.
|
| |
Exhibit
|
|
|
25(b)(2)
|
| | Form T-1 Statement of Eligibility under the Trust Indenture Act of 1939, as amended, of The Bank of New York Mellon Trust Company, N.A. relating to the Duke Energy Carolinas, LLC Subordinated Indenture dated as of December 1, 1997 | |
|
25(b)(3)
|
| | Form T-1 Statement of Eligibility under the Trust Indenture Act of 1939, as amended, of The Bank of New York Mellon Trust Company, N.A. relating to the Duke Energy Carolinas, LLC Mortgage Indenture dated as of December 1, 1927 | |
|
107
|
| | | |
| Duke Energy Florida, LLC | | |||
|
4(c)(1)*
|
| | Indenture (for First Mortgage Bonds), dated as of January 1, 1944, between Duke Energy Florida, Inc. (formerly, Florida Power Corporation) and The Bank of New York Mellon (as successor to Guaranty Trust Company of New York and The Florida National Bank of Jacksonville), as Trustee (filed as Exhibit B-18 to the Registration Statement on Form A-2, File No. 2-5293) | |
|
4(c)(1)(i)*
|
| | Seventh Supplemental Indenture (filed as Exhibit 4(b) to Registration Statement on Form S-3, File No. 33-16788, filed on September 27, 1991) | |
|
4(c)(1)(ii)*
|
| | Eighth Supplemental Indenture (filed as Exhibit 4(c) to Registration Statement on Form S-3, File No. 33-16788, filed on September 27, 1991) | |
|
4(c)(1)(iii)*
|
| | Sixteenth Supplemental Indenture (filed as Exhibit 4(d) to Registration Statement on Form S-3, File No. 33-16788, filed on September 27, 1991) | |
|
4(c)(1)(iv)*
|
| | Twenty-ninth Supplemental Indenture (filed as Exhibit 4(c) to Registration Statement on Form S-3, File No. 2-79832, filed on September 17, 1982) | |
|
4(c)(1)(v)*
|
| | | |
|
4(c)(1)(vi)*
|
| | | |
|
4(c)(1)(vii)*
|
| | Forty-second Supplemental Indenture (filed as Exhibit 4 to Duke Energy Florida, LLC’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2003, File No. 1-03274, filed on August 11, 2003) | |
|
4(c)(1)(viii)*
|
| | | |
|
4(c)(1)(ix)*
|
| | | |
|
4(c)(1)(x)*
|
| | | |
|
4(c)(1)(xi)*
|
| | | |
|
4(c)(1)(xii)*
|
| | | |
|
4(c)(1)(xiii)*
|
| | | |
|
4(c)(1)(xiv)*
|
| | | |
|
4(c)(1)(xv)*
|
| | | |
|
4(c)(1)(xvi)*
|
| | Fifty-second Supplemental Indenture, dated as of August 1, 2015 (filed as Exhibit 4(c)(1)(xvi) to the Registration Statement on Form S-3, Registration No. 333-213765-04) | |
|
Exhibit No.
|
| |
Exhibit
|
|
|
25(c)(3)**
|
| | Form T-1 Statement of Eligibility under the Trust Indenture Act of 1939, as amended, of the Trustee to be named later under an additional form of indenture relating to Debt Securities of Duke Energy Florida, LLC, which is referenced as Exhibit 4(c)(3) above | |
|
107
|
| | | |
| Duke Energy Indiana, LLC | | |||
|
4(d)(1)*
|
| | Indenture dated as of November 15, 1996, between Duke Energy Indiana, Inc. and The Bank of New York Mellon Trust Company, N.A., as Successor Trustee (filed with Duke Energy Indiana, LLC’s Annual Report on Form 10-K for the year ended December 31, 1996, File No. 1-11377, as Exhibit 4.V) | |
|
4(d)(1)(i)*
|
| | Third Supplemental Indenture dated as of March 15, 1998 (filed with Duke Energy Indiana, LLC’s Annual Report on Form 10-K for the year ended December 31, 1997, File No. 1-11377, as Exhibit 4) | |
|
4(d)(1)(ii)*
|
| | Eighth Supplemental Indenture dated as of September 23, 2003 (filed with Duke Energy Indiana, LLC’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2003, File No. 1-3543, as Exhibit 4.2) | |
|
4(d)(1)(iii)*
|
| | | |
|
4(d)(1)(iv)*
|
| | | |
|
4(d)(2)*
|
| | Original Indenture (First Mortgage Bonds) dated September 1, 1939, between Duke Energy Indiana, Inc. and Deutsche Bank National Trust Company, as Successor Trustee (filed as an exhibit in File No. 70-258) | |
|
4(d)(2)(i)*
|
| | Tenth Supplemental Indenture, dated July 1, 1952 (filed as an exhibit in File No. 2-9687) | |
|
4(d)(2)(ii)*
|
| | Twenty-third Supplemental Indenture, dated January 1, 1977 (filed as an exhibit in File No. 2-57828) | |
|
4(d)(2)(iii)*
|
| | Twenty-fifth Supplemental Indenture, dated September 1, 1978 (filed as an exhibit in File No. 2-62543) | |
|
4(d)(2)(iv)*
|
| | Twenty-sixth Supplemental Indenture, dated September 1, 1978 (filed as an exhibit in File No. 2-62543) | |
|
4(d)(2)(v)*
|
| | Thirtieth Supplemental Indenture, dated August 1, 1980 (filed as an exhibit in File No. 2-68562) | |
|
4(d)(2)(vi)*
|
| | Thirty-fifth Supplemental Indenture, dated March 30, 1984 (filed as an exhibit to Duke Energy Indiana, LLC’s Annual Report on Form 10-K for the year ended December 31, 1984, File No. 1-3543) | |
|
4(d)(2)(vii)*
|
| | Forty-sixth Supplemental Indenture, dated June 1, 1990 (filed as an exhibit to Duke Energy Indiana, LLC’s Annual Report on Form 10-K for the year ended December 31, 1991, File No. 1-3543) | |
|
4(d)(2)(viii)*
|
| | Forty-seventh Supplemental Indenture, dated July 15, 1991 (filed as an exhibit to Duke Energy Indiana, LLC’s Annual Report on Form 10-K for the year ended December 31, 1991, File No. 1-3543) | |
|
4(d)(2)(ix)*
|
| | Forty-eighth Supplemental Indenture, dated July 15, 1992 (filed as an exhibit to Duke Energy Indiana, LLC’s Annual Report on Form 10-K for the year ended December 31, 1992, File No. 1-3543) | |
|
4(d)(2)(x)*
|
| | Fifty-second Supplemental Indenture, dated April 30, 1999 (filed with Duke Energy Indiana, LLC’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1999, File No. 1-3543, as Exhibit 4) | |
|
Exhibit No.
|
| |
Exhibit
|
|
|
25(e)(2)
|
| | Form T-1 Statement of Eligibility under the Trust Indenture Act of 1939, as amended, of The Bank of New York Mellon Trust Company, N.A. relating to the Duke Energy Ohio, Inc. Mortgage Indenture, dated as of August 1, 1936 | |
|
107
|
| | | |
| Duke Energy Progress, LLC | | |||
|
4(f)(1)*
|
| | Mortgage and Deed of Trust dated as of May 1, 1940 between Duke Energy Progress, Inc. (formerly, Carolina Power & Light Company) and The Bank of New York Mellon (formerly, Irving Trust Company) and Frederick G. Herbst (Tina D. Gonzalez, successor), as Trustees | |
|
4(f)(1)(i)*
|
| | First through Fifth Supplemental Indentures thereto (Exhibit 2(b), File No. 2-64189); the Sixth through Sixty-sixth Supplemental Indentures (Exhibit 2(b)-5, File No. 2-16210; Exhibit 2(b)-6, File No. 2-16210; Exhibit 4(b)-8, File No. 2-19118; Exhibit 4(b)-2, File No. 2-22439; Exhibit 4(b)-2, File No. 2-24624; Exhibit 2(c), File No. 2-27297; Exhibit 2(c), File No. 2-30172; Exhibit 2(c) , File No. 2-35694; Exhibit 2(c), File No. 2-37505; Exhibit 2(c), File No. 2-39002; Exhibit 2(c), File No. 2-41738; Exhibit 2(c), File No. 2-43439; Exhibit 2(c), File No. 2-47751; Exhibit 2(c), File No. 2-49347; Exhibit 2(c), File No. 2-53113; Exhibit 2(d), File No. 2-53113; Exhibit 2(c), File No. 2-59511; Exhibit 2(c), File No. 2-61611; Exhibit 2(d), File No. 2-64189; Exhibit 2(c), File No. 2-65514; Exhibits 2(c) and 2(d), File No. 2-66851; Exhibits 4(b)-1, 4(b)-2, and 4(b)-3, File No. 2-81299; Exhibits 4(c)-1 through 4(c)-8, File No. 2-95505; Exhibits 4(b) through 4(h), File No. 33-25560; Exhibits 4(b) and 4(c), File No. 33-33431; Exhibits 4(b) and 4(c), File No. 33-38298; Exhibits 4(h) and 4(i), File No. 33-42869; Exhibits 4(e)-(g), File No. 33-48607; Exhibits 4(e) and 4(f), File No. 33-55060; Exhibits 4(e) and 4(f), File No. 33-60014; Exhibits 4(a) and 4(b) to Post-Effective Amendment No. 1, File No. 33-38349; Exhibit 4(e), File No. 33-50597; Exhibit 4(e) and 4(f) to the Registration Statement on Form S-3, File No. 33-57835, filed with the SEC on February 24, 1995; Exhibit to the Current Report on Form 8-K dated August 28, 1997, File No. 1-3382; Exhibit 4(b) to the Registration Statement on Form S-3, File No. 333-69237, filed on December 18, 1998; and Exhibit 4(c) to the Current Report on Form 8-K dated March 19, 1999, File No. 1-3382) | |
|
4(f)(1)(ii)*
|
| | Seventy-second Supplemental Indenture (filed as Exhibit 4 to Duke Energy Progress, LLC’s Quarterly Report on Current Report on Form 8-K dated September 12, 2003, File No. 1-3382) | |
|
4(f)(1)(iii)*
|
| | | |
|
4(f)(1)(iv)*
|
| | | |
|
4(f)(1)(v)*
|
| | | |
|
4(f)(1)(vi)*
|
| | | |
|
4(f)(1)(viii)*
|
| | | |
|
4(f)(1)(ix)*
|
| | | |
|
4(f)(1)(x)*
|
| | | |
|
4(f)(1)(xi)*
|
| | |
|
Signature
|
| |
Title
|
| |
Date
|
|
|
/s/ Lynn J. Good*
Lynn J. Good
|
| | Director and Chair, President and Chief Executive Officer (Principal Executive Officer) | | |
September 23, 2022
|
|
|
/s/ Brian D. Savoy*
Brian D. Savoy
|
| | Executive Vice President and Chief Financial Officer (Principal Financial Officer) | | |
September 23, 2022
|
|
|
/s/ Cynthia S. Lee*
Cynthia S. Lee
|
| | Vice President, Chief Accounting Officer and Controller (Principal Accounting Officer) | | |
September 23, 2022
|
|
| Majority of Directors: | | | | | | | |
|
/s/ Derrick Burks*
Derrick Burks
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Annette K. Clayton*
Annette K. Clayton
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Theodore F. Craver, Jr.*
Theodore F. Craver, Jr.
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Robert M. Davis*
Robert M. Davis
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Caroline D. Dorsa*
Caroline D. Dorsa
|
| | Director | | |
September 23, 2022
|
|
|
/s/ W. Roy Dunbar*
W. Roy Dunbar
|
| | Director | | |
September 23, 2022
|
|
|
Signature
|
| |
Title
|
| |
Date
|
|
|
/s/ Nicholas C. Fanandakis*
Nicholas C. Fanandakis
|
| | Director | | |
September 23, 2022
|
|
|
/s/ John T. Herron*
John T. Herron
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Idalene Fay Kesner*
Idalene Fay Kesner
|
| | Director | | |
September 23, 2022
|
|
|
/s/ E. Marie McKee*
E. Marie McKee
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Michael J. Pacilio*
Michael J. Pacilio
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Thomas E. Skains*
Thomas E. Skains
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Williams E. Webster, Jr.*
Williams E. Webster, Jr.
|
| | Director | | |
September 23, 2022
|
|
|
By:
/s/ Robert T. Lucas III
Attorney-in-Fact
|
| | | |
| | | | DUKE ENERGY CAROLINAS, LLC | | |||
| | | | By: | | |
/s/ Lynn J. Good
|
|
| | | | | | |
Lynn J. Good
Chief Executive Officer |
|
|
Signature
|
| |
Title
|
| |
Date
|
|
|
/s/ Lynn J. Good
Lynn J. Good
|
| | Director and Chief Executive Officer (Principal Executive Officer) | | |
September 23, 2022
|
|
|
/s/ Brian D. Savoy
Brian D. Savoy
|
| | Executive Vice President and Chief Financial Officer (Principal Financial Officer) | | |
September 23, 2022
|
|
|
/s/ Cynthia S. Lee
Cynthia S. Lee
|
| | Vice President, Chief Accounting Officer and Controller (Principal Accounting Officer) | | |
September 23, 2022
|
|
|
/s/ Dhiaa M. Jamil
Dhiaa M. Jamil
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Julia S. Janson
Julia S. Janson
|
| | Director | | |
September 23, 2022
|
|
| | | | DUKE ENERGY FLORIDA, LLC | | |||
| | | | By: | | |
/s/ Lynn J. Good
|
|
| | | | | | |
Lynn J. Good
Chief Executive Officer |
|
|
Signature
|
| |
Title
|
| |
Date
|
|
|
/s/ Lynn J. Good
Lynn J. Good
|
| | Director and Chief Executive Officer (Principal Executive Officer) | | |
September 23, 2022
|
|
|
/s/ Brian D. Savoy
Brian D. Savoy
|
| | Executive Vice President and Chief Financial Officer (Principal Financial Officer) | | |
September 23, 2022
|
|
|
/s/ Cynthia S. Lee
Cynthia S. Lee
|
| | Vice President, Chief Accounting Officer and Controller (Principal Accounting Officer) | | |
September 23, 2022
|
|
|
/s/ Kodwo Ghartey-Tagoe
Kodwo Ghartey-Tagoe
|
| | Director | | |
September 23, 2022
|
|
|
/s/ R. Alexander Glenn
R. Alexander Glenn
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Dhiaa M. Jamil
Dhiaa M. Jamil
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Julia S. Janson
Julia S. Janson
|
| | Director | | |
September 23, 2022
|
|
| | | | DUKE ENERGY PROGRESS, LLC | | |||
| | | | By: | | |
/s/ Lynn J. Good
|
|
| | | | | | |
Lynn J. Good
Chief Executive Officer |
|
|
Signature
|
| |
Title
|
| |
Date
|
|
|
/s/ Lynn J. Good
Lynn J. Good
|
| | Director and Chief Executive Officer (Principal Executive Officer) | | |
September 23, 2022
|
|
|
/s/ Brian D. Savoy
Brian D. Savoy
|
| | Executive Vice President and Chief Financial Officer (Principal Financial Officer) | | |
September 23, 2022
|
|
|
/s/ Cynthia S. Lee
Cynthia S. Lee
|
| | Vice President, Chief Accounting Officer and Controller (Principal Accounting Officer) | | |
September 23, 2022
|
|
|
/s/ Kodwo Ghartey-Tagoe
Kodwo Ghartey-Tagoe
|
| | Director | | |
September 23, 2022
|
|
|
/s/ R. Alexander Glenn
R. Alexander Glenn
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Dhiaa M. Jamil
Dhiaa M. Jamil
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Julia S. Janson
Julia S. Janson
|
| | Director | | |
September 23, 2022
|
|
| | | | DUKE ENERGY INDIANA, LLC | | |||
| | | | By: | | |
/s/ Lynn J. Good
|
|
| | | | | | |
Lynn J. Good
Chief Executive Officer |
|
|
Signature
|
| |
Title
|
| |
Date
|
|
|
/s/ Lynn J. Good
Lynn J. Good
|
| | Chief Executive Officer (Principal Executive Officer) | | |
September 23, 2022
|
|
|
/s/ Brian D. Savoy
Brian D. Savoy
|
| | Executive Vice President and Chief Financial Officer (Principal Financial Officer) | | |
September 23, 2022
|
|
|
/s/ Cynthia S. Lee
Cynthia S. Lee
|
| | Vice President, Chief Accounting Officer and Controller (Principal Accounting Officer) | | |
September 23, 2022
|
|
|
/s/ R. Alexander Glenn
R. Alexander Glenn
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Kelley A. Karn
Kelley A. Karn
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Stan Pinegar
Stan A. Pinegar
|
| | Director | | |
September 23, 2022
|
|
| | | | DUKE ENERGY OHIO, INC. | | |||
| | | | By: | | |
/s/ Lynn J. Good
|
|
| | | | | | |
Lynn J. Good
Chief Executive Officer |
|
|
Signature
|
| |
Title
|
| |
Date
|
|
|
/s/ Lynn J. Good
Lynn J. Good
|
| | Director and Chief Executive Officer (Principal Executive Officer) | | |
September 23, 2022
|
|
|
/s/ Brian D. Savoy
Brian D. Savoy
|
| | Executive Vice President and Chief Financial Officer (Principal Financial Officer) | | |
September 23, 2022
|
|
|
/s/ Cynthia S. Lee
Cynthia S. Lee
|
| | Vice President, Chief Accounting Officer and Controller (Principal Accounting Officer) | | |
September 23, 2022
|
|
|
/s/ R. Alexander Glenn
R. Alexander Glenn
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Dhiaa M. Jamil
Dhiaa M. Jamil
|
| | Director | | |
September 23, 2022
|
|
| | | | PIEDMONT NATURAL GAS COMPANY, INC. | | |||
| | | | By: | | |
/s/ Lynn J. Good
|
|
| | | | | | |
Lynn J. Good
Chief Executive Officer |
|
|
Signature
|
| |
Title
|
| |
Date
|
|
|
/s/ Lynn J. Good
Lynn J. Good
|
| | Director and Chief Executive Officer (Principal Executive Officer) | | |
September 23, 2022
|
|
|
/s/ Brian D. savoy
Brian D. Savoy
|
| | Executive Vice President and Chief Financial Officer (Principal Financial Officer) | | |
September 23, 2022
|
|
|
/s/ Cynthia S. Lee
Cynthia S. Lee
|
| | Vice President, Chief Accounting Officer and Controller (Principal Accounting Officer) | | |
September 23, 2022
|
|
|
/s/ Dhiaa M. Jamil
Dhiaa M. Jamil
|
| | Director | | |
September 23, 2022
|
|
|
/s/ Brian D. Savoy
Brian D. Savoy
|
| | Director | | |
September 23, 2022
|
|
Exhibit 5(a)(1)
526
South Church Street
Charlotte, North Carolina 28202
September 23, 2022
Board
of Directors
Duke Energy Corporation
526 South Church Street
Charlotte, North Carolina 28202
Dear Ladies and Gentlemen:
I am employed by Duke Energy Business Services LLC, the service company subsidiary of Duke Energy Corporation, a Delaware corporation (the “Company”). I am a member in good standing of the North Carolina State Bar.
I have advised the Company in connection with the filing of a Registration Statement on Form S-3 (the “Registration Statement”) under the Securities Act of 1933, as amended (the “Securities Act”), filed with the Securities and Exchange Commission on September 23, 2022. The Registration Statement relates to the proposed issuance and sale from time to time pursuant to Rule 415 under the Securities Act of an indeterminate number or amount, as applicable, of (i) shares of the Company’s common stock, par value $0.001 per share (“Common Stock”), (ii) shares of the Company’s preferred stock, par value $0.001 per share (“Preferred Stock”), (iii) depositary shares representing fractional interests in shares of Preferred Stock (“Depositary Shares”), (iv) unsecured debt securities of the Company (“Debt Securities”), (v) stock purchase contracts (“Stock Purchase Contracts”); and (vi) stock purchase units (“Stock Purchase Units,” and collectively with Common Stock, Preferred Stock, Depositary Shares, Debt Securities and Stock Purchase Contracts, the “Securities,” and each, a “Security”). For this purpose, I have examined such company records and other documents, and have made such investigations of law as I have considered necessary or appropriate for the purposes of the opinions set forth below.
Based upon the foregoing, I am of the opinion that the issuance of the Securities has been duly authorized by the Company and
(i) | when necessary corporate action on the part of the Company has been taken to authorize the issuance and sale of such shares of Common Stock proposed to be sold by the Company, and when such shares of Common Stock are issued and delivered in accordance with the applicable underwriting or other agreement upon payment of the consideration therefor provided for therein or upon conversion or exercise of any other Security offered under the Registration Statement in accordance with the terms of such Security or the instrument governing such Security providing for such conversion or exercise as approved by the Board of Directors (the “Board”) of the Company, such shares of Common Stock will be validly issued, fully paid and non-assessable; |
(ii) | upon designation of the preferences and relative, participating, optional or other special rights, and any qualifications, limitations or restrictions, of such shares of Preferred Stock by the Board and the proper filing with the Secretary of State of the State of Delaware of a Certificate of Designation relating to such shares of Preferred Stock, and when necessary corporate action on the part of the Company has been taken to authorize the issuance and sale of such shares of Preferred Stock proposed to be sold by the Company, and when such shares of Preferred Stock are issued and delivered in accordance with the applicable underwriting or other agreement upon payment of the consideration therefor provided for therein or upon conversion or exercise of any other Security offered under the Registration Statement in accordance with the terms of such Security or the instrument governing such Security providing for such conversion or exercise as approved by the Board, such shares of Preferred Stock will be validly issued, fully paid and non-assessable; |
(iii) | when necessary corporate action on the part of the Company has been taken to authorize the issuance of shares of Preferred Stock and the issuance and sale of such Depositary Shares proposed to be sold by the Company, and when (a) such Depositary Shares are issued and delivered in accordance with the applicable underwriting or other agreement upon payment of the consideration therefor provided for therein and (b) such Depositary Shares evidenced by depositary receipts are issued and delivered in accordance with the terms of the applicable deposit agreement against the deposit of duly authorized, validly issued, fully paid and non-assessable shares of such Preferred Stock, such Depositary Shares will be validly issued, fully paid and non-assessable; |
(iv) | when the terms of each specific series of Debt Securities have been established in accordance with the instruments governing such Securities and approved and authorized (including any necessary regulatory approvals), and when the Debt Securities of each series have been duly executed by the Company and authenticated as provided in the instruments governing such Securities and duly paid for and delivered pursuant to a sale in the manner described in the Registration Statement relating to the Securities filed under the Act, including the prospectus and any prospectus supplement relating to such series, the Debt Securities will be binding obligations of the Company, enforceable against the Company in accordance with their terms (except as the validity or enforcement of any agreements or instruments may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and by general principles of equity, regardless of whether enforceability is considered in a proceeding in equity or at law); |
(v) | when the Stock Purchase Contracts have been issued and sold in accordance with the terms of such resolutions of the Board or a duly authorized committee thereof, against payment therefor, the Stock Purchase Contracts will be binding obligations of the Company, enforceable against the Company in accordance with their terms (except as the validity or enforcement of any agreements or instruments may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and by general principles of equity, regardless of whether enforceability is considered in a proceeding in equity or at law); and |
(vi) | when the Stock Purchase Units have been issued and sold in accordance with the terms of such resolutions of the Board of the Company or a duly authorized committee thereof, against payment therefor, the Stock Purchase Units will be binding obligations of the Company, enforceable against the Company in accordance with their terms (except as the validity or enforcement of any agreements or instruments may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and by general principles of equity, regardless of whether enforceability is considered in a proceeding in equity or at law). |
I hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the reference to me under the caption “Validity of the Securities” in the prospectus forming a part of the Registration Statement. In giving such consent, I do not thereby concede that I am included in the category of persons whose consent is required under Section 7 of the Securities Act or the rules and regulations thereunder.
Very truly yours, | |
/s/ Robert T. Lucas III | |
Robert T. Lucas III |
Exhibit 5(b)(1)
526
South Church Street
Charlotte, North Carolina 28202
September 23, 2022
Board
of Directors
Duke Energy Carolinas, LLC
526 South Church Street
Charlotte, North Carolina 28202
Dear Ms. Good and Gentlemen:
I am employed by Duke Energy Business Services LLC, the service company subsidiary of Duke Energy Corporation, and in that capacity I provide legal counsel to Duke Energy Corporation and its affiliates, including Duke Energy Carolinas, LLC, a North Carolina limited liability company (the “Company”). I am a member in good standing of the North Carolina State Bar.
I have advised the Company in connection with the filing of a Registration Statement on Form S-3 (the “Registration Statement”) under the Securities Act of 1933, as amended (the “Securities Act”), filed with the Securities and Exchange Commission on September 23, 2022. The Registration Statement relates to the proposed issuance and sale from time to time pursuant to Rule 415 under the Securities Act of an indeterminate amount of first mortgage bonds (“Bonds”) and unsecured debt securities in the form of senior notes and subordinated notes (“Debt Securities”), together the “Securities.” For this purpose, I have examined such company records and other documents, and have made such investigations of law as I have considered necessary or appropriate for the purposes of this opinion.
Based upon the foregoing, I am of the opinion that the issuance of the Securities has been duly authorized by the Company and when the terms of each specific series of Bonds and Debt Securities have been established in accordance with the instruments governing such Securities and approved and authorized (including any necessary regulatory approvals), and when the Bonds and Debt Securities of each series have been duly executed by the Company and authenticated as provided in the instruments governing such Securities and duly paid for and delivered pursuant to a sale in the manner described in the Registration Statement relating to the Securities filed under the Act, including the prospectus and any prospectus supplement relating to such series, the Bonds and Debt Securities will be binding obligations of the Company, enforceable against the Company in accordance with their terms (except as the validity or enforcement of any agreements or instruments may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting mortgagees’ (in the case of the Bonds) and other creditors’ rights generally and by general principles of equity, regardless of whether enforceability is considered in a proceeding in equity or at law).
I hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the reference to me under the caption “Validity of the Securities” in the prospectus forming a part of the Registration Statement. In giving such consent, I do not thereby concede that I am included in the category of persons whose consent is required under Section 7 of the Securities Act or the rules and regulations thereunder.
Very truly yours, | |
/s/ Robert T. Lucas III | |
Robert T. Lucas III |
Exhibit 5(c)(1)
229 First Avenue North
St. Petersburg, Florida 33701
September 23, 2022
Board
of Directors
Duke Energy Florida, LLC
229 First Avenue North
St. Petersburg, Florida 33701
Dear Ladies and Gentlemen:
I am employed by Duke Energy Business Services LLC, the service company subsidiary of Duke Energy Corporation, and in that capacity I provide legal counsel to Duke Energy Corporation and its affiliates, including Duke Energy Florida, LLC, a Florida limited liability company (the “Company”). I am a member in good standing of the Florida State Bar, and I serve as Deputy General Counsel of the Company.
I have advised the Company in connection with the filing of a Registration Statement on Form S-3 (the “Registration Statement”) under the Securities Act of 1933, as amended (the “Securities Act”), filed with the Securities and Exchange Commission on September 23, 2022. The Registration Statement relates to the proposed issuance and sale from time to time pursuant to Rule 415 under the Securities Act of an indeterminate amount of first mortgage bonds (“Bonds”) and unsecured debt securities (“Debt Securities”), together the “Securities.” For this purpose, I have examined such company records and other documents, and have made such investigations of law as I have considered necessary or appropriate for the purposes of this opinion.
Based upon the foregoing, I am of the opinion that the issuance of the Securities has been duly authorized by the Company and when the terms of each specific series of Bonds and Debt Securities have been established in accordance with the instruments governing such Securities and approved and authorized (including any necessary regulatory approvals), and when the Bonds and Debt Securities of each series have been duly executed by the Company and authenticated as provided in the instruments governing such Securities and duly paid for and delivered pursuant to a sale in the manner described in the Registration Statement relating to the Securities filed under the Act, including the prospectus and any prospectus supplement relating to such series, the Bonds and Debt Securities will be binding obligations of the Company, enforceable against the Company in accordance with their terms (except as the validity or enforcement of any agreements or instruments may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting mortgagees’ (in the case of the Bonds) and other creditors’ rights generally and by general principles of equity, regardless of whether enforceability is considered in a proceeding in equity or at law).
I hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the reference to me under the caption “Validity of the Securities” in the prospectus forming a part of the Registration Statement. In giving such consent, I do not thereby concede that I am included in the category of persons whose consent is required under Section 7 of the Securities Act or the rules and regulations thereunder.
Very truly yours, | |
/s/ Dianne M. Triplett | |
Dianne M. Triplett |
Exhibit 5(d)(1)
1000 East Main Street
Plainfield, Indiana 46168
September 23, 2022
Board
of Directors
Duke Energy Indiana, LLC
1000 East Main Street
Plainfield, Indiana 46168
Dear Ladies and Gentlemen:
I am employed by Duke Energy Business Services LLC, the service company subsidiary of Duke Energy Corporation, and in that capacity I provide legal counsel to Duke Energy Corporation and its affiliates, including Duke Energy Indiana, LLC, an Indiana limited liability company (the “Company”). I am a member in good standing of the Indiana State Bar.
I have advised the Company in connection with the filing of a Registration Statement on Form S-3 (the “Registration Statement”) under the Securities Act of 1933, as amended (the “Securities Act”), filed with the Securities and Exchange Commission on September 23, 2022. The Registration Statement relates to the proposed issuance and sale from time to time pursuant to Rule 415 under the Securities Act of an indeterminate amount of first mortgage bonds (“Bonds”) and unsecured debt securities in the form of senior unsecured debt securities and junior subordinated unsecured debt securities (“Debt Securities”), together the “Securities.” For this purpose, I have examined such company records and other documents, and have made such investigations of law as I have considered necessary or appropriate for the purposes of this opinion.
Based upon the foregoing, I am of the opinion that the issuance of the Securities has been duly authorized by the Company and when the terms of each specific series of Bonds and Debt Securities have been established in accordance with the instruments governing such Securities and approved and authorized (including any necessary regulatory approvals), and when the Bonds and Debt Securities of each series have been duly executed by the Company and authenticated as provided in the instruments governing such Securities and duly paid for and delivered pursuant to a sale in the manner described in the Registration Statement relating to the Securities filed under the Securities Act, including the prospectus and any prospectus supplement relating to such series, the Bonds and Debt Securities will be binding obligations of the Company, enforceable against the Company in accordance with their terms (except as the validity or enforcement of any agreements or instruments may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting mortgagees’ (in the case of the Bonds) and other creditors’ rights generally and by general principles of equity, regardless of whether enforceability is considered in a proceeding in equity or at law).
I hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the reference to me under the caption “Validity of the Securities” in the prospectus forming a part of the Registration Statement. In giving such consent, I do not thereby concede that I am included in the category of persons whose consent is required under Section 7 of the Securities Act or the rules and regulations thereunder.
Very truly yours, | |
/s/ Elizabeth Heneghan | |
Elizabeth Heneghan |
Exhibit 5(e)(1)
139
East Fourth Street
Cincinnati, Ohio 45202
September 23, 2022
Board
of Directors
Duke Energy Ohio, Inc.
139 East Fourth Street
Cincinnati, Ohio 45202
Dear Ladies and Gentlemen:
I am employed by Duke Energy Business Services LLC, the service company subsidiary of Duke Energy Corporation, and in that capacity I provide legal counsel to Duke Energy Corporation and its affiliates, including Duke Energy Ohio, Inc., an Ohio corporation (the “Company”). I am a member in good standing of the Ohio State Bar.
I have advised the Company in connection with the filing of a Registration Statement on Form S-3 (the “Registration Statement”) under the Securities Act of 1933, as amended (the “Securities Act”), filed with the Securities and Exchange Commission on September 23, 2022. The Registration Statement relates to the proposed issuance and sale from time to time pursuant to Rule 415 under the Securities Act of an indeterminate amount of first mortgage bonds (“Bonds”) and unsecured debt securities in the form of senior unsecured debt securities or junior subordinated unsecured debt securities (“Debt Securities”), together the “Securities.” For this purpose, I have examined such company records and other documents, and have made such investigations of law as I have considered necessary or appropriate for the purposes of this opinion.
Based upon the foregoing, I am of the opinion that the issuance of the Securities has been duly authorized by the Company and when the terms of each specific series of Bonds and Debt Securities have been established in accordance with the instruments governing such Securities and approved and authorized (including any necessary regulatory approvals), and when the Bonds and Debt Securities of each series have been duly executed by the Company and authenticated as provided in the instruments governing such Securities and duly paid for and delivered pursuant to a sale in the manner described in the Registration Statement relating to the Securities filed under the Securities Act, including the prospectus and any prospectus supplement relating to such series, the Bonds and Debt Securities will be binding obligations of the Company, enforceable against the Company in accordance with their terms (except as the validity or enforcement of any agreements or instruments may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting mortgagees’ (in the case of the Bonds) and other creditors’ rights generally and by general principles of equity, regardless of whether enforceability is considered in a proceeding in equity or at law).
I hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the reference to me under the caption “Validity of the Securities” in the prospectus forming a part of the Registration Statement. In giving such consent, I do not thereby concede that I am included in the category of persons whose consent is required under Section 7 of the Securities Act or the rules and regulations thereunder.
Very truly yours, | |
/s/ Richard G. Beach | |
Richard G. Beach |
Exhibit 5(f)(1)
526 South Church Street
Charlotte, North Carolina 28202
September 23, 2022
Board of Directors
Duke Energy Progress, LLC
410 South Wilmington Street
Raleigh, North Carolina 27601
Dear Ladies and Gentlemen:
I am employed by Duke Energy Business Services LLC, the service company subsidiary of Duke Energy Corporation, and in that capacity I provide legal counsel to Duke Energy Corporation and its affiliates, including Duke Energy Progress, LLC, a North Carolina limited liaibility company (the “Company”). I am a member in good standing of the North Carolina State Bar.
I have advised the Company in connection with the filing of a Registration Statement on Form S-3 (the “Registration Statement”) under the Securities Act of 1933, as amended (the “Securities Act”), filed with the Securities and Exchange Commission on September 23, 2022. The Registration Statement relates to the proposed issuance and sale from time to time pursuant to Rule 415 under the Securities Act of an indeterminate amount of first mortgage bonds (“Bonds”) and unsecured debt securities (“Debt Securities”), together the “Securities.” For this purpose, I have examined such company records and other documents, and have made such investigations of law as I have considered necessary or appropriate for the purposes of this opinion.
Based upon the foregoing, I am of the opinion that the issuance of the Securities has been duly authorized by the Company and when the terms of each specific series of Bonds and Debt Securities have been established in accordance with the instruments governing such Securities and approved and authorized (including any necessary regulatory approvals), and when the Bonds and Debt Securities of each series have been duly executed by the Company and authenticated as provided in the instruments governing such Securities and duly paid for and delivered pursuant to a sale in the manner described in the Registration Statement relating to the Securities filed under the Act, including the prospectus and any prospectus supplement relating to such series, the Bonds and Debt Securities will be binding obligations of the Company, enforceable against the Company in accordance with their terms (except as the validity or enforcement of any agreements or instruments may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting mortgagees’ (in the case of the Bonds) and other creditors’ rights generally and by general principles of equity, regardless of whether enforceability is considered in a proceeding in equity or at law).
I hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the reference to me under the caption “Validity of the Securities” in the prospectus forming a part of the Registration Statement. In giving such consent, I do not thereby concede that I am included in the category of persons whose consent is required under Section 7 of the Securities Act or the rules and regulations thereunder.
Very truly yours, | |
/s/ Robert T. Lucas III | |
Robert T. Lucas III |
Exhibit 5(g)(1)
526 South Church Street
Charlotte, North Carolina 28202
September 23, 2022
Board of Directors
Piedmont Natural Gas Company, Inc.
4720 Piedmont Row Drive
Charlotte, North Carolina 28210
Dear Ms. Good and Gentlemen:
I am employed by Duke Energy Business Services LLC, the service company subsidiary of Duke Energy Corporation, and in that capacity I provide legal counsel to Duke Energy Corporation and its affiliates, including Piedmont Natural Gas Company, Inc., a North Carolina corporation (the “Company”). I am a member in good standing of the North Carolina State Bar.
I have advised the Company in connection with the filing of a Registration Statement on Form S-3 (the “Registration Statement”) under the Securities Act of 1933, as amended (the “Securities Act”), filed with the Securities and Exchange Commission on September 23, 2022. The Registration Statement relates to the proposed issuance and sale from time to time pursuant to Rule 415 under the Securities Act of an indeterminate amount of debt securities in the form of senior notes and subordinated notes, together the “Securities.” For this purpose, I have examined such company records and other documents, and have made such investigations of law as I have considered necessary or appropriate for the purposes of this opinion.
Based upon the foregoing, I am of the opinion that the issuance of the Securities has been duly authorized by the Company and when the terms of each specific series of Securities have been established in accordance with the instruments governing such Securities and approved and authorized (including any necessary regulatory approvals), and when the Securities of each series have been duly executed by the Company and authenticated as provided in the instruments governing such Securities and duly paid for and delivered pursuant to a sale in the manner described in the Registration Statement relating to the Securities filed under the Act, including the prospectus and any prospectus supplement relating to such series, the Securities will be binding obligations of the Company, enforceable against the Company in accordance with their terms (except as the validity or enforcement of any agreements or instruments may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and by general principles of equity, regardless of whether enforceability is considered in a proceeding in equity or at law).
I hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the reference to me under the caption “Validity of the Securities” in the prospectus forming a part of the Registration Statement. In giving such consent, I do not thereby concede that I am included in the category of persons whose consent is required under Section 7 of the Securities Act or the rules and regulations thereunder.
Very truly yours, | |
/s/ Robert T. Lucas III | |
Robert T. Lucas III |
Exhibit 23(a)(1)
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
We consent to the incorporation by reference in this Registration Statement on Form S-3 of our reports dated February 24, 2022, relating to the consolidated financial statements of Duke Energy Corporation and subsidiaries (“Duke Energy”), and the effectiveness of Duke Energy’s internal control over financial reporting, appearing in the Annual Report on Form 10-K of Duke Energy for the year ended December 31, 2021, and to the reference to us under the heading “Experts” in the Prospectus, which is part of this Registration Statement.
/s/ Deloitte & Touche LLP | |
Charlotte, North Carolina | |
September 23, 2022 |
Exhibit 23(b)(1)
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
We consent to the incorporation by reference in this Registration Statement on Form S-3 of our report dated February 24, 2022, relating to the consolidated financial statements of Duke Energy Carolinas, LLC and subsidiaries ( “Duke Energy Carolinas”) appearing in the Annual Report on Form 10-K of Duke Energy Carolinas for the year ended December 31, 2021, and to the reference to us under the heading “Experts” in the Prospectus, which is part of this Registration Statement.
/s/ Deloitte & Touche LLP | |
Charlotte, North Carolina | |
September 23, 2022 |
Exhibit 23(c)(1)
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
We consent to the incorporation by reference in this Registration Statement on Form S-3 of our report dated February 24, 2022, relating to the consolidated financial statements of Duke Energy Florida, LLC and subsidiaries (“Duke Energy Florida”) appearing in the Annual Report on Form 10-K of Duke Energy Florida for the year ended December 31, 2021, and to the reference to us under the heading “Experts” in the Prospectus, which is part of this Registration Statement.
/s/ Deloitte & Touche LLP | |
Charlotte, North Carolina | |
September 23, 2022 |
Exhibit 23(d)(1)
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
We consent to the incorporation by reference in this Registration Statement on Form S-3 of our report dated February 24, 2022, relating to the consolidated financial statements of Duke Energy Indiana, LLC and subsidary (“Duke Energy Indiana”) appearing in the Annual Report on Form 10-K of Duke Energy Indiana for the year ended December 31, 2021, and to the reference to us under the heading “Experts” in the Prospectus, which is part of this Registration Statement.
/s/ Deloitte & Touche LLP | |
Charlotte, North Carolina | |
September 23, 2022 |
Exhibit 23(e)(1)
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
We consent to the incorporation by reference in this Registration Statement on Form S-3 of our report dated February 24, 2022, relating to the consolidated financial statements of Duke Energy Ohio, Inc. and subsidiaries (“Duke Energy Ohio”) appearing in the Annual Report on Form 10-K of Duke Energy Ohio for the year ended December 31, 2021, and to the reference to us under the heading “Experts” in the Prospectus, which is part of this Registration Statement.
/s/ Deloitte & Touche LLP | |
Charlotte, North Carolina | |
September 23, 2022 |
Exhibit 23(f)(1)
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
We consent to the incorporation by reference in this Registration Statement on Form S-3 of our report dated February 24, 2022, relating to the consolidated financial statements of Duke Energy Progress, LLC and subsidiaries (“Duke Energy Progress”) appearing in the Annual Report on Form 10-K of Duke Energy Progress for the year ended December 31, 2021, and to the reference to us under the heading “Experts” in the Prospectus, which is part of this Registration Statement.
/s/ Deloitte & Touche LLP | |
Charlotte, North Carolina | |
September 23, 2022 |
Exhibit 23(g)(1)
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
We consent to the incorporation by reference in this Registration Statement on Form S-3 of our report dated February 24, 2022, relating to the consolidated financial statements of Piedmont Natural Gas Company, Inc. and subsidiaries (“Piedmont Natural Gas”) appearing in the Annual Report on Form 10-K of Piedmont Natural Gas for the year ended December 31, 2021, and to the reference to us under the heading “Experts” in the Prospectus, which is part of this Registration Statement.
/s/ Deloitte & Touche LLP | |
Charlotte, North Carolina | |
September 23, 2022 |
Exhibit 24(a)(1)
duke energy corporation
Power of Attorney
Registration Statements on Form S-3 and Form S-8
The undersigned Duke Energy Corporation, a Delaware corporation and certain of its officers and directors, do each hereby constitute and appoint David S. Maltz and Robert T. Lucas III, and each of them, to act as attorneys-in-fact for and in the respective names, places and stead of the undersigned, to execute, seal, sign and file with the Securities and Exchange Commission a registration statement or registration statements of said Duke Energy Corporation on Form S-3 and/or Form S-8 and any and all amendments thereto, hereby granting to said attorneys-in-fact, and each of them, full power and authority to do and perform all and every act and thing whatsoever requisite, necessary, or proper to be done in and about the premises, as fully to all intents and purposes as the undersigned, or any of them, might or could do if personally present, hereby ratifying and approving the acts of said attorneys-in-fact.
Executed as of the 22nd day of September 2022.
DUKE ENERGY CORPORATION | |||
(Registrant) | |||
By: | /s/ Lynn J. Good | ||
Name: | Lynn J. Good | ||
Title: | Chair, President and Chief Executive Officer |
ATTEST:
/s/ Kenna C. Jordan | ||
Kenna C. Jordan | ||
Assistant Corporate Secretary |
Signature | Title | |
/s/ Lynn J. Good | Director, Chair, President and Chief Executive Officer | |
Lynn J. Good | (Principal Executive Officer) | |
/s/ Brian D. Savoy | Executive Vice President and Chief Financial Officer | |
Brian D. Savoy | (Principal Financial Officer) | |
/s/ Cynthia S. Lee | Vice President, Chief Accounting Officer and Controller | |
Cynthia S. Lee | (Principal Accounting Officer) |
/s/ Derrick Burks | Director | |
Derrick Burks | ||
/s/ Annette K. Clayton | Director | |
Annette K. Clayton | ||
/s/ Theodore F. Craver, Jr. | Director | |
Theodore F. Craver, Jr. | ||
/s/ Robert M. Davis | Director | |
Robert M. Davis | ||
/s/ Caroline D. Dorsa | Director | |
Caroline D. Dorsa | ||
/s/ W. Roy Dunbar | Director | |
W. Roy Dunbar | ||
/s/ Nicholas C. Fanandakis | Director | |
Nicholas C. Fanandakis | ||
/s/ John T. Herron | Director | |
John T. Herron | ||
/s/ Idalene F. Kesner | Director | |
Idalene F. Kesner | ||
/s/ E. Marie McKee | Director | |
E. Marie McKee | ||
/s/ Michael J. Pacilio | Director | |
Michael J. Pacilio | ||
/s/ Thomas E. Skains | Director | |
Thomas E. Skains | ||
/s/ William E. Webster, Jr. | Director | |
William E. Webster, Jr. |
Exhibit 24(a)(2)
duke energy corporation
certificate
The undersigned officer of Duke Energy Corporation, a Delaware corporation (the “Corporation”), does hereby certify that attached hereto is a true and complete copy of a resolution adopted at a meeting of the Board of Directors of the Corporation with respect to the Registration Statement, which resolution is presently in full force and effect.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 23rd day of September, 2022.
/s/ Robert T. Lucas III | |
Robert T. Lucas III | |
Assistant Corporate Secretary |
FURTHER RESOLVED, That the officers and directors of the Corporation be, and each of them hereby is, authorized and directed, in the name and on behalf of the Corporation, to execute and deliver a power of attorney or powers of attorney appointing David S. Maltz and Robert T. Lucas III, and each of them, to act severally as attorney-in-fact and agents for the Corporation for the purpose of executing, signing, filings or causing to be filed with the SEC on behalf of the Corporation the registration statement on Form S-3, and any and all amendments and supplements to any of the foregoing, together with any other documents related thereto.
Exhibit 24(b)(1)
duke energy Carolinas, LLC
Power of Attorney
Registration Statements on Form S-3
The undersigned Duke Energy Carolinas, LLC, a North Carolina limited liability company and certain of its officers and directors, do each hereby constitute and appoint Karl W. Newlin, David S. Maltz and Robert T. Lucas III, and each of them, to act as attorneys-in-fact for and in the respective names, places and stead of the undersigned, to execute, seal, sign and file with the Securities and Exchange Commission a registration statement or registration statements of said Duke Energy Carolinas, LLC on Form S-3 and any and all amendments thereto, hereby granting to said attorneys-in-fact, and each of them, full power and authority to do and perform all and every act and thing whatsoever requisite, necessary, or proper to be done in and about the premises, as fully to all intents and purposes as the undersigned, or any of them, might or could do if personally present, hereby ratifying and approving the acts of said attorneys-in-fact.
Executed as of the 22nd day of September 2022.
DUKE ENERGY CAROLINAS, LLC | |||
(Registrant) | |||
By: | /s/ Lynn J. Good | ||
Name: | Lynn J. Good | ||
Title: | Director and Chief Executive Officer |
ATTEST:
/s/ Kenna C. Jordan | ||
Kenna C. Jordan | ||
Assistant Corporate Secretary |
Signature | Title | |
/s/ Lynn J. Good | Director and Chief Executive Officer | |
Lynn J. Good | (Principal Executive Officer) | |
/s/ Brian D. Savoy | Executive Vice President and Chief Financial Officer | |
Brian D. Savoy | (Principal Financial Officer) | |
/s/ Cynthia S. Lee | Vice President, Chief Accounting Officer and Controller | |
Cynthia S. Lee | (Principal Accounting Officer) | |
/s/ Dhiaa M. Jamil | Director | |
Dhiaa M. Jamil | ||
/s/ Julia S. Janson | Director | |
Julia S. Janson |
Exhibit 24(b)(2)
duke energy cAROLINAS, LLC
certificate
The undersigned officer of Duke Energy Carolinas, LLC, a North Carolina limited liability company (the “Company”), does hereby certify that attached hereto is a true and complete copy of a resolution adopted at a meeting of the Board of Directors of the Company with respect to the Registration Statement, which resolution is presently in full force and effect.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 23rd day of September, 2022.
/s/ Robert T. Lucas III | |
Robert T. Lucas III | |
Assistant Secretary |
FURTHER RESOLVED, That the officers and directors of the Company be, and each of them hereby is, authorized and directed, in the name and on behalf of the Company, to execute and deliver a power of attorney or powers of attorney appointing Karl W. Newlin, David S. Maltz and Robert T. Lucas III, and each of them, to act severally as attorney-in-fact and agents for the Company for the purpose of executing, signing, filings or causing to be filed with the SEC on behalf of the Company the registration statement on Form S-3, and any and all amendments and supplements to any of the foregoing, together with any other documents related thereto.
Exhibit 24(c)(1)
duke energy Florida, LLC
Power of Attorney
Registration Statements on Form S-3
The undersigned Duke Energy Florida, LLC, a Florida limited liability company and certain of its officers and directors, do each hereby constitute and appoint Karl W. Newlin, David S. Maltz and Robert T. Lucas III, and each of them, to act as attorneys-in-fact for and in the respective names, places and stead of the undersigned, to execute, seal, sign and file with the Securities and Exchange Commission a registration statement or registration statements of said Duke Energy Florida, LLC on Form S-3 and any and all amendments thereto, hereby granting to said attorneys-in-fact, and each of them, full power and authority to do and perform all and every act and thing whatsoever requisite, necessary, or proper to be done in and about the premises, as fully to all intents and purposes as the undersigned, or any of them, might or could do if personally present, hereby ratifying and approving the acts of said attorneys-in-fact.
Executed as of the 22nd day of September 2022.
DUKE ENERGY FLORIDA, LLC | |||
(Registrant) | |||
By: | /s/ Lynn J. Good | ||
Name: | Lynn J. Good | ||
Title: | Director and Chief Executive Officer |
ATTEST:
/s/ Kenna C. Jordan | ||
Kenna C. Jordan | ||
Assistant Corporate Secretary |
Signature | Title | |
/s/ Lynn J. Good | Director and Chief Executive Officer | |
Lynn J. Good | (Principal Executive Officer) | |
/s/ Brian D. Savoy | Executive Vice President and Chief Financial Officer | |
Brian D. Savoy | (Principal Financial Officer) | |
/s/ Cynthia S. Lee | Vice President, Chief Accounting Officer and Controller | |
Cynthia S. Lee | (Principal Accounting Officer) | |
/s/ Kodwo Ghartey-Tagoe | Director | |
Kodwo Ghartey-Tagoe | ||
/s/ R. Alexander Glenn | Director | |
R. Alexander Glenn | ||
/s/ Dhiaa M. Jamil | Director | |
Dhiaa M. Jamil | ||
/s/ Julia S. Janson | Director | |
Julia S. Janson |
Exhibit 24(c)(2)
duke energy Florida, LLC
certificate
The undersigned officer of Duke Energy Florida, LLC, a Florida limited liability company (the “Company”), does hereby certify that attached hereto is a true and complete copy of a resolution adopted at a meeting of the Board of Directors of the Company with respect to the Registration Statement, which resolution is presently in full force and effect.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 23rd day of September, 2022.
/s/ Robert T. Lucas III | |
Robert T. Lucas III | |
Assistant Secretary |
FURTHER RESOLVED, That the officers and directors of the Company be, and each of them hereby is, authorized and directed, in the name and on behalf of the Company, to execute and deliver a power of attorney or powers of attorney appointing Karl W. Newlin, David S. Maltz and Robert T. Lucas III, and each of them, to act severally as attorney-in-fact and agents for the Company for the purpose of executing, signing, filings or causing to be filed with the SEC on behalf of the Company the registration statement on Form S-3, and any and all amendments and supplements to any of the foregoing, together with any other documents related thereto.
Exhibit 24(d)(1)
duke energy Indiana, LLC
Power of Attorney
Registration Statements on Form S-3
The undersigned Duke Energy Indiana, LLC, a Indiana limited liability company and certain of its officers and directors, do each hereby constitute and appoint Karl W. Newlin, David S. Maltz and Robert T. Lucas III, and each of them, to act as attorneys-in-fact for and in the respective names, places and stead of the undersigned, to execute, seal, sign and file with the Securities and Exchange Commission a registration statement or registration statements of said Duke Energy Indiana, LLC on Form S-3 and any and all amendments thereto, hereby granting to said attorneys-in-fact, and each of them, full power and authority to do and perform all and every act and thing whatsoever requisite, necessary, or proper to be done in and about the premises, as fully to all intents and purposes as the undersigned, or any of them, might or could do if personally present, hereby ratifying and approving the acts of said attorneys-in-fact.
Executed as of the 22nd day of September 2022.
DUKE ENERGY INDIANA, LLC | |||
(Registrant) | |||
By: | /s/ Lynn J. Good | ||
Name: | Lynn J. Good | ||
Title: | Chief Executive Officer |
ATTEST:
/s/ Kenna C. Jordan | ||
Kenna C. Jordan | ||
Assistant Corporate Secretary |
Signature | Title | |
/s/ Lynn J. Good | Chief Executive Officer | |
Lynn J. Good | (Principal Executive Officer) | |
/s/ Brian D. Savoy | Executive Vice President and Chief Financial Officer | |
Brian D. Savoy | (Principal Financial Officer) | |
/s/ Cynthia S. Lee | Vice President, Chief Accounting Officer and Controller | |
Cynthia S. Lee | (Principal Accounting Officer) | |
/s/ R. Alexander Glenn | Director | |
R. Alexander Glenn | ||
/s/ Kelley A. Karn | Director | |
Kelley A. Karn | ||
/s/ Stan A. Pinega | Director | |
Stan A. Pinega |
Exhibit 24(d)(2)
duke energy Indiana, LLC
certificate
The undersigned officer of Duke Energy Indiana, LLC, an Indiana limited liability company (the “Company”), does hereby certify that attached hereto is a true and complete copy of a resolution adopted at a meeting of the Board of Directors of the Company with respect to the Registration Statement, which resolution is presently in full force and effect.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 23rd day of September, 2022.
/s/ Robert T. Lucas III | |
Robert T. Lucas III | |
Assistant Secretary |
FURTHER RESOLVED, That the officers and directors of the Company be, and each of them hereby is, authorized and directed, in the name and on behalf of the Company, to execute and deliver a power of attorney or powers of attorney appointing Karl W. Newlin, David S. Maltz and Robert T. Lucas III, and each of them, to act severally as attorney-in-fact and agents for the Company for the purpose of executing, signing, filings or causing to be filed with the SEC on behalf of the Company the registration statement on Form S-3, and any and all amendments and supplements to any of the foregoing, together with any other documents related thereto.
Exhibit 24(e)(1)
duke energy Ohio, Inc.
Power of Attorney
Registration Statements on Form S-3
The undersigned Duke Energy Ohio, Inc., an Ohio corporation and certain of its officers and directors, do each hereby constitute and appoint Karl W. Newlin, David S. Maltz and Robert T. Lucas III, and each of them, to act as attorneys-in-fact for and in the respective names, places and stead of the undersigned, to execute, seal, sign and file with the Securities and Exchange Commission a registration statement or registration statements of said Duke Energy Ohio, Inc. on Form S-3 and any and all amendments thereto, hereby granting to said attorneys-in-fact, and each of them, full power and authority to do and perform all and every act and thing whatsoever requisite, necessary, or proper to be done in and about the premises, as fully to all intents and purposes as the undersigned, or any of them, might or could do if personally present, hereby ratifying and approving the acts of said attorneys-in-fact.
Executed as of the 22nd day of September 2022.
DUKE ENERGY OHIO, INC. | |||
(Registrant) | |||
By: | /s/ Lynn J. Good | ||
Name: | Lynn J. Good | ||
Title: | Director and Chief Executive Officer |
ATTEST:
/s/ Kenna C. Jordan | ||
Kenna C. Jordan | ||
Assistant Corporate Secretary |
Signature | Title | |
/s/ Lynn J. Good | Director and Chief Executive Officer | |
Lynn J. Good | (Principal Executive Officer) | |
/s/ Brian D. Savoy | Executive Vice President and Chief Financial Officer | |
Brian D. Savoy | (Principal Financial Officer) | |
/s/ Cynthia S. Lee | Vice President, Chief Accounting Officer and Controller | |
Cynthia S. Lee | (Principal Accounting Officer) | |
/s/ R. Alexander Glenn | Director | |
R. Alexander Glenn | ||
/s/ Dhiaa M. Jamil | Director | |
Dhiaa M. Jamil |
Exhibit 24(e)(2)
duke energy Ohio, Inc.
certificate
The undersigned officer of Duke Energy Ohio, Inc., an Ohio corporation (the “Company”), does hereby certify that attached hereto is a true and complete copy of a resolution adopted at a meeting of the Board of Directors of the Company with respect to the Registration Statement, which resolution is presently in full force and effect.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 23rd day of September, 2022.
/s/ Robert T. Lucas III | |
Robert T. Lucas III | |
Assistant Corporate Secretary |
FURTHER RESOLVED, That the officers and directors of the Company be, and each of them hereby is, authorized and directed, in the name and on behalf of the Company, to execute and deliver a power of attorney or powers of attorney appointing Karl W. Newlin, David S. Maltz and Robert T. Lucas III, and each of them, to act severally as attorney-in-fact and agents for the Company for the purpose of executing, signing, filings or causing to be filed with the SEC on behalf of the Company the registration statement on Form S-3, and any and all amendments and supplements to any of the foregoing, together with any other documents related thereto.
Exhibit 24(f)(1)
duke energy PROGRESS, LLC
Power of Attorney
Registration Statements on Form S-3
The undersigned Duke Energy Progress, LLC, a North Carolina limited liability company and certain of its officers and directors, do each hereby constitute and appoint Karl W. Newlin, David S. Maltz and Robert T. Lucas III, and each of them, to act as attorneys-in-fact for and in the respective names, places and stead of the undersigned, to execute, seal, sign and file with the Securities and Exchange Commission a registration statement or registration statements of said Duke Energy Progress, LLC on Form S-3 and any and all amendments thereto, hereby granting to said attorneys-in-fact, and each of them, full power and authority to do and perform all and every act and thing whatsoever requisite, necessary, or proper to be done in and about the premises, as fully to all intents and purposes as the undersigned, or any of them, might or could do if personally present, hereby ratifying and approving the acts of said attorneys-in-fact.
Executed as of the 22nd day of September 2022.
DUKE ENERGY PROGRESS, LLC | |||
(Registrant) | |||
By: | /s/ Lynn J. Good | ||
Name: | Lynn J. Good | ||
Title: | Director and Chief Executive Officer |
ATTEST:
/s/ Kenna C. Jordan | ||
Kenna C. Jordan | ||
Assistant Corporate Secretary |
Signature | Title | |
/s/ Lynn J. Good | Director and Chief Executive Officer | |
Lynn J. Good | (Principal Executive Officer) | |
/s/ Brian D. Savoy | Executive Vice President and Chief Financial Officer | |
Brian D. Savoy | (Principal Financial Officer) | |
/s/ Cynthia S. Lee | Vice President, Chief Accounting Officer and Controller | |
Cynthia S. Lee | (Principal Accounting Officer) | |
/s/ Kodwo Ghartey-Tagoe | Director | |
Kodwo Ghartey-Tagoe | ||
/s/ R. Alexander Glenn | Director | |
R. Alexander Glenn | ||
/s/ Dhiaa M. Jamil | Director | |
Dhiaa M. Jamil | ||
/s/ Julia S. Janson | Director | |
Julia S. Janson |
Exhibit 24(f)(2)
duke energy Progress, LLC
certificate
The undersigned officer of Duke Energy Progress, LLC, a North Carolina limited liability company (the “Company”), does hereby certify that attached hereto is a true and complete copy of a resolution adopted at a meeting of the Board of Directors of the Company with respect to the Registration Statement, which resolution is presently in full force and effect.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 23rd day of September, 2022.
/s/ Robert T. Lucas III | |
Robert T. Lucas III | |
Assistant Secretary |
FURTHER RESOLVED, That the officers and directors of the Company be, and each of them hereby is, authorized and directed, in the name and on behalf of the Company, to execute and deliver a power of attorney or powers of attorney appointing Karl W. Newlin, David S. Maltz and Robert T. Lucas III, and each of them, to act severally as attorney-in-fact and agents for the Company for the purpose of executing, signing, filings or causing to be filed with the SEC on behalf of the Company the registration statement on Form S-3, and any and all amendments and supplements to any of the foregoing, together with any other documents related thereto.
Exhibit 24(g)(1)
Piedmont Natural Gas Company, Inc.
Power of Attorney
Registration Statements on Form S-3
The undersigned Piedmont Natural Gas Company, Inc., a North Carolina corporation and certain of its officers and directors, do each hereby constitute and appoint Karl W. Newlin, David S. Maltz and Robert T. Lucas III, and each of them, to act as attorneys-in-fact for and in the respective names, places and stead of the undersigned, to execute, seal, sign and file with the Securities and Exchange Commission a registration statement or registration statements of said Piedmont Natural Gas Company, Inc. on Form S-3 and any and all amendments thereto, hereby granting to said attorneys-in-fact, and each of them, full power and authority to do and perform all and every act and thing whatsoever requisite, necessary, or proper to be done in and about the premises, as fully to all intents and purposes as the undersigned, or any of them, might or could do if personally present, hereby ratifying and approving the acts of said attorneys-in-fact.
Executed as of the 22nd day of September 2022.
PIEDMONT NATURAL GAS COMPANY, INC. | |||
(Registrant) | |||
By: | /s/ Lynn J. Good | ||
Name: | Lynn J. Good | ||
Title: | Director and Chief Executive Officer |
ATTEST:
/s/ Kenna C. Jordan | ||
Kenna C. Jordan | ||
Assistant Corporate Secretary |
Signature | Title | |
/s/ Lynn J. Good | Director and Chief Executive Officer | |
Lynn J. Good | (Principal Executive Officer) | |
/s/ Brian D. Savoy | Executive Vice President and Chief Financial Officer | |
Brian D. Savoy | (Principal Financial Officer) | |
/s/ Cynthia S. Lee | Vice President, Chief Accounting Officer and Controller | |
Cynthia S. Lee | (Principal Accounting Officer) | |
/s/ Dhiaa M. Jamil | Director | |
Dhiaa M. Jamil | ||
/s/ Brian D. Savoy | Director | |
Brian D. Savoy |
Exhibit 24(g)(2)
Piedmont natural gas company, inc.
certificate
The undersigned officer of Piedmont Natural Gas Company, Inc., a North Carolina corporation (the “Company”), does hereby certify that attached hereto is a true and complete copy of a resolution adopted at a meeting of the Board of Directors of the Company with respect to the Registration Statement, which resolution is presently in full force and effect.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 23rd day of September, 2022.
/s/ Robert T. Lucas III | |
Robert T. Lucas III | |
Assistant Corporate Secretary |
FURTHER RESOLVED, That the officers and directors of the Company be, and each of them hereby is, authorized and directed, in the name and on behalf of the Company, to execute and deliver a power of attorney or powers of attorney appointing Karl W. Newlin, David S. Maltz and Robert T. Lucas III, and each of them, to act severally as attorney-in-fact and agents for the Company for the purpose of executing, signing, filings or causing to be filed with the SEC on behalf of the Company the registration statement on Form S-3, and any and all amendments and supplements to any of the foregoing, together with any other documents related thereto.
Exhibit 25(a)(1)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
THE BANK OF NEW
YORK MELLON
TRUST COMPANY, N.A.
(Exact name of trustee as specified in its charter)
(Jurisdiction of incorporation |
95-3571558 (I.R.S. employer identification no.) |
333 South Hope Street Los Angeles, California (Address of principal executive offices) |
90071 |
Duke
Energy Corporation
(Exact name of obligor as specified in its charter)
Delaware (State or other jurisdiction of incorporation or organization) |
20-2777218 (I.R.S. employer identification no.) |
526 South Church Street Charlotte, North Carolina (Address of principal executive offices) |
28202 |
Debt Securities
(Title of the indenture securities)
1. General information. Furnish the following information as to the trustee:
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address | |
Comptroller of the Currency United States Department of the Treasury | Washington, DC 20219 | |
Federal Reserve Bank | San Francisco, CA 94105 | |
Federal Deposit Insurance Corporation | Washington, DC 20429 |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
2. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
16. | List of Exhibits. |
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act").
1. | A copy of the articles of association of The Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121948 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152875). |
2. | A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-121948). |
3. | A copy of the authorization of the trustee to exercise corporate trust powers (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-152875). |
- 2 - |
4. | A copy of the existing by-laws of the trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-229762). |
6. | The consent of the trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-152875). |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
- 3 - |
SIGNATURE
Pursuant to the requirements of the Act, the trustee, The Bank of New York Mellon Trust Company, N.A., a banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Chicago, and State of Illinois, on the 15th day of September, 2022.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. | |||
By: | /s/ Ann M. Dolezal | ||
Name: | Ann M. Dolezal | ||
Title: | Vice President |
- 4 - |
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
of 333 South Hope Street, Suite 2525, Los Angeles, CA 90071
At the close of business June 30, 2022, published in accordance with Federal regulatory authority instructions.
Dollar amounts | ||||
in thousands | ||||
ASSETS | ||||
Cash and balances due from | ||||
depository institutions: | ||||
Noninterest-bearing balances and currency and coin | 3,548 | |||
Interest-bearing balances | 464,922 | |||
Securities: | ||||
Held-to-maturity securities | 0 | |||
Available-for-sale debt securities | 50,522 | |||
Equity securities with readily determinable fair values not held for trading | 0 | |||
Federal funds sold and securities | ||||
purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 0 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases, held for investment | 0 | |||
LESS: Allowance for loan and lease losses | 0 | |||
Loans and leases held for investment, net of allowance | 0 | |||
Trading assets | 0 | |||
Premises and fixed assets (including capitalized leases) | 17,717 | |||
Other real estate owned | 0 | |||
Investments in unconsolidated subsidiaries and associated companies | 0 | |||
Direct and indirect investments in real estate ventures | 0 | |||
Intangible assets | 856,313 | |||
Other assets | 104,690 | |||
Total assets | $ | 1,497,712 |
1 |
LIABILITIES | ||||
Deposits: | ||||
In domestic offices | 1,570 | |||
Noninterest-bearing | 1,570 | |||
Interest-bearing | 0 | |||
Federal funds purchased and securities | ||||
sold under agreements to repurchase: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 0 | |||
Trading liabilities | 0 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 0 | |||
Not applicable | ||||
Not applicable | ||||
Subordinated notes and debentures | 0 | |||
Other liabilities | 264,945 | |||
Total liabilities | 266,515 | |||
Not applicable |
EQUITY CAPITAL | ||||
Perpetual preferred stock and related surplus | 0 | |||
Common stock | 1,000 | |||
Surplus (exclude all surplus related to preferred stock) | 325,102 | |||
Not available | ||||
Retained earnings | 905,091 | |||
Accumulated other comprehensive income | 4 | |||
Other equity capital components | 0 | |||
Not available | ||||
Total bank equity capital | 1,231,197 | |||
Noncontrolling (minority) interests in consolidated subsidiaries | 0 | |||
Total equity capital | 1,231,197 | |||
Total liabilities and equity capital | 1,497,712 |
I, Matthew J. McNulty, CFO of the above-named bank do hereby declare that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true to the best of my knowledge and belief.
Matthew J. McNulty | ) | CFO |
We, the undersigned directors (trustees), attest to the correctness of the Report of Condition (including the supporting schedules) for this report date and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.
Antonio I. Portuondo, President | ) | |||
Michael P. Scott, Managing Director | ) | Directors (Trustees) | ||
Kevin P. Caffrey, Managing Director | ) |
2 |
Exhibit 25(b)(1)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
THE BANK OF NEW
YORK MELLON
TRUST COMPANY, N.A.
(Exact name of trustee as specified in its charter)
(Jurisdiction of incorporation |
95-3571558 (I.R.S. employer identification no.) |
333 South Hope Street Los Angeles, California (Address of principal executive offices) |
90071 |
Duke
Energy Carolinas, LLC
(Exact name of obligor as specified in its charter)
North Carolina (State or other jurisdiction of incorporation or organization) |
56-0205520 (I.R.S. employer identification no.) |
526 South Church Street Charlotte, North Carolina (Address of principal executive offices) |
28202 |
Senior Notes
(Title of the indenture securities)
1. General information. Furnish the following information as to the trustee:
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address | |
Comptroller of the Currency United States Department of the Treasury | Washington, DC 20219 | |
Federal Reserve Bank | San Francisco, CA 94105 | |
Federal Deposit Insurance Corporation | Washington, DC 20429 |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
2. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
16. | List of Exhibits. |
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act").
1. | A copy of the articles of association of The Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121948 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152875). |
2. | A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-121948). |
3. | A copy of the authorization of the trustee to exercise corporate trust powers (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-152875). |
- 2 - |
4. | A copy of the existing by-laws of the trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-229762). |
6. | The consent of the trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-152875). |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
- 3 - |
SIGNATURE
Pursuant to the requirements of the Act, the trustee, The Bank of New York Mellon Trust Company, N.A., a banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Chicago, and State of Illinois, on the 15th day of September, 2022.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. | |||
By: | /s/ Ann M. Dolezal | ||
Name: | Ann M. Dolezal | ||
Title: | Vice President |
- 4 - |
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
of 333 South Hope Street, Suite 2525, Los Angeles, CA 90071
At the close of business June 30, 2022, published in accordance with Federal regulatory authority instructions.
Dollar amounts | ||||
in thousands | ||||
ASSETS | ||||
Cash and balances due from | ||||
depository institutions: | ||||
Noninterest-bearing balances and currency and coin | 3,548 | |||
Interest-bearing balances | 464,922 | |||
Securities: | ||||
Held-to-maturity securities | 0 | |||
Available-for-sale debt securities | 50,522 | |||
Equity securities with readily determinable fair values not held for trading | 0 | |||
Federal funds sold and securities | ||||
purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 0 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases, held for investment | 0 | |||
LESS: Allowance for loan and lease losses | 0 | |||
Loans and leases held for investment, net of allowance | 0 | |||
Trading assets | 0 | |||
Premises and fixed assets (including capitalized leases) | 17,717 | |||
Other real estate owned | 0 | |||
Investments in unconsolidated subsidiaries and associated companies | 0 | |||
Direct and indirect investments in real estate ventures | 0 | |||
Intangible assets | 856,313 | |||
Other assets | 104,690 | |||
Total assets | $ | 1,497,712 |
1 |
LIABILITIES | ||||
Deposits: | ||||
In domestic offices | 1,570 | |||
Noninterest-bearing | 1,570 | |||
Interest-bearing | 0 | |||
Federal funds purchased and securities | ||||
sold under agreements to repurchase: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 0 | |||
Trading liabilities | 0 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 0 | |||
Not applicable | ||||
Not applicable | ||||
Subordinated notes and debentures | 0 | |||
Other liabilities | 264,945 | |||
Total liabilities | 266,515 | |||
Not applicable |
EQUITY CAPITAL | ||||
Perpetual preferred stock and related surplus | 0 | |||
Common stock | 1,000 | |||
Surplus (exclude all surplus related to preferred stock) | 325,102 | |||
Not available | ||||
Retained earnings | 905,091 | |||
Accumulated other comprehensive income | 4 | |||
Other equity capital components | 0 | |||
Not available | ||||
Total bank equity capital | 1,231,197 | |||
Noncontrolling (minority) interests in consolidated subsidiaries | 0 | |||
Total equity capital | 1,231,197 | |||
Total liabilities and equity capital | 1,497,712 |
I, Matthew J. McNulty, CFO of the above-named bank do hereby declare that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true to the best of my knowledge and belief.
Matthew J. McNulty | ) | CFO |
We, the undersigned directors (trustees), attest to the correctness of the Report of Condition (including the supporting schedules) for this report date and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.
Antonio I. Portuondo, President | ) | |||
Michael P. Scott, Managing Director | ) | Directors (Trustees) | ||
Kevin P. Caffrey, Managing Director | ) |
2 |
Exhibit 25(b)(2)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
THE BANK OF NEW YORK MELLON
TRUST COMPANY, N.A.
(Exact name of trustee as specified in its charter)
(Jurisdiction of incorporation |
95-3571558 (I.R.S. employer identification no.) |
333 South Hope Street Los Angeles, California (Address of principal executive offices) |
90071 |
Duke Energy Carolinas, LLC
(Exact name of obligor as specified in its charter)
North Carolina (State or other jurisdiction of incorporation or organization) |
56-0205520 (I.R.S. employer identification no.) |
526 South Church Street Charlotte, North Carolina (Address of principal executive offices) |
28202 |
Subordinated Notes
(Title of the indenture securities)
1. | General information. Furnish the following information as to the trustee: |
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address |
Comptroller of the Currency United States Department of the Treasury
|
Washington, DC 20219 |
Federal Reserve Bank |
San Francisco, CA 94105
|
Federal Deposit Insurance Corporation | Washington, DC 20429 |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
2. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
16. | List of Exhibits. |
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act").
1. | A copy of the articles of association of The Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121948 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152875). |
2. | A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-121948). |
3. | A copy of the authorization of the trustee to exercise corporate trust powers (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-152875). |
- 2 -
4. | A copy of the existing by-laws of the trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-229762). |
6. | The consent of the trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-152875). |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
- 3 -
SIGNATURE
Pursuant to the requirements of the Act, the trustee, The Bank of New York Mellon Trust Company, N.A., a banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Chicago, and State of Illinois, on the 15th day of September, 2022.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. | |||
By: | /s/ Ann M. Dolezal | ||
Name: | Ann M. Dolezal | ||
Title: | Vice President |
- 4 -
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
of 333 South Hope Street, Suite 2525, Los Angeles, CA 90071
At the close of business June 30, 2022, published in accordance with Federal regulatory authority instructions.
Dollar amounts | ||||
in thousands | ||||
ASSETS | ||||
Cash and balances due from | ||||
depository institutions: | ||||
Noninterest-bearing balances and currency and coin | 3,548 | |||
Interest-bearing balances | 464,922 | |||
Securities: | ||||
Held-to-maturity securities | 0 | |||
Available-for-sale debt securities | 50,522 | |||
Equity securities with readily determinable fair values not held for trading | 0 | |||
Federal funds sold and securities | ||||
purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 0 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases, held for investment | 0 | |||
LESS: Allowance for loan and lease losses | 0 | |||
Loans and leases held for investment, net of allowance | 0 | |||
Trading assets | 0 | |||
Premises and fixed assets (including capitalized leases) | 17,717 | |||
Other real estate owned | 0 | |||
Investments in unconsolidated subsidiaries and associated companies | 0 | |||
Direct and indirect investments in real estate ventures | 0 | |||
Intangible assets | 856,313 | |||
Other assets | 104,690 | |||
Total assets | $ | 1,497,712 |
1 |
LIABILITIES | ||||
Deposits: | ||||
In domestic offices | 1,570 | |||
Noninterest-bearing | 1,570 | |||
Interest-bearing | 0 | |||
Federal funds purchased and securities | ||||
sold under agreements to repurchase: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 0 | |||
Trading liabilities | 0 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 0 | |||
Not applicable | ||||
Not applicable | ||||
Subordinated notes and debentures | 0 | |||
Other liabilities | 264,945 | |||
Total liabilities | 266,515 | |||
Not applicable |
EQUITY CAPITAL | ||||
Perpetual preferred stock and related surplus | 0 | |||
Common stock | 1,000 | |||
Surplus (exclude all surplus related to preferred stock) | 325,102 | |||
Not available | ||||
Retained earnings | 905,091 | |||
Accumulated other comprehensive income | 4 | |||
Other equity capital components | 0 | |||
Not available | ||||
Total bank equity capital | 1,231,197 | |||
Noncontrolling (minority) interests in consolidated subsidiaries | 0 | |||
Total equity capital | 1,231,197 | |||
Total liabilities and equity capital | 1,497,712 |
I, Matthew J. McNulty, CFO of the above-named bank do hereby declare that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true to the best of my knowledge and belief.
Matthew J. McNulty | ) | CFO |
We, the undersigned directors (trustees), attest to the correctness of the Report of Condition (including the supporting schedules) for this report date and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.
Antonio I. Portuondo, President | ) | |||
Michael P. Scott, Managing Director | ) | Directors (Trustees) | ||
Kevin P. Caffrey, Managing Director | ) |
2 |
Exhibit 25(b)(3)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
THE BANK OF NEW YORK MELLON
TRUST COMPANY, N.A.
(Exact name of trustee as specified in its charter)
|
95-3571558 (I.R.S. employer identification no.) |
333 South Hope Street Los Angeles, California (Address of principal executive offices) |
90071 |
Duke Energy Carolinas, LLC
(Exact name of obligor as specified in its charter)
North Carolina (State or other jurisdiction of incorporation or organization) |
56-0205520 (I.R.S. employer identification no.) |
526 South Church Street Charlotte, North Carolina (Address of principal executive offices) |
28202 (Zip code) |
First and Refunding Mortgage Bonds
(Title of the indenture securities)
1. | General information. Furnish the following information as to the trustee: |
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address |
Comptroller of the Currency United States Department of the Treasury
|
Washington, DC 20219 |
Federal Reserve Bank |
San Francisco, CA 94105
|
Federal Deposit Insurance Corporation | Washington, DC 20429 |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
2. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
16. | List of Exhibits. |
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act").
1. | A copy of the articles of association of The Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121948 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152875). |
2. | A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-121948). |
3. | A copy of the authorization of the trustee to exercise corporate trust powers (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-152875). |
- 2 -
4. | A copy of the existing by-laws of the trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-229762). |
6. | The consent of the trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-152875). |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
- 3 -
SIGNATURE
Pursuant to the requirements of the Act, the trustee, The Bank of New York Mellon Trust Company, N.A., a banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Chicago, and State of Illinois, on the 15th day of September, 2022.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. | |||
By: | /s/ Ann M. Dolezal | ||
Name: | Ann M. Dolezal | ||
Title: | Vice President |
- 4 -
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
of 333 South Hope Street, Suite 2525, Los Angeles, CA 90071
At the close of business June 30, 2022, published in accordance with Federal regulatory authority instructions.
Dollar amounts | ||||
in thousands | ||||
ASSETS | ||||
Cash and balances due from | ||||
depository institutions: | ||||
Noninterest-bearing balances and currency and coin | 3,548 | |||
Interest-bearing balances | 464,922 | |||
Securities: | ||||
Held-to-maturity securities | 0 | |||
Available-for-sale debt securities | 50,522 | |||
Equity securities with readily determinable fair values not held for trading | 0 | |||
Federal funds sold and securities | ||||
purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 0 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases, held for investment | 0 | |||
LESS: Allowance for loan and lease losses | 0 | |||
Loans and leases held for investment, net of allowance | 0 | |||
Trading assets | 0 | |||
Premises and fixed assets (including capitalized leases) | 17,717 | |||
Other real estate owned | 0 | |||
Investments in unconsolidated subsidiaries and associated companies | 0 | |||
Direct and indirect investments in real estate ventures | 0 | |||
Intangible assets | 856,313 | |||
Other assets | 104,690 | |||
Total assets | $ | 1,497,712 |
1 |
LIABILITIES | ||||
Deposits: | ||||
In domestic offices | 1,570 | |||
Noninterest-bearing | 1,570 | |||
Interest-bearing | 0 | |||
Federal funds purchased and securities | ||||
sold under agreements to repurchase: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 0 | |||
Trading liabilities | 0 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 0 | |||
Not applicable | ||||
Not applicable | ||||
Subordinated notes and debentures | 0 | |||
Other liabilities | 264,945 | |||
Total liabilities | 266,515 | |||
Not applicable |
EQUITY CAPITAL | ||||
Perpetual preferred stock and related surplus | 0 | |||
Common stock | 1,000 | |||
Surplus (exclude all surplus related to preferred stock) | 325,102 | |||
Not available | ||||
Retained earnings | 905,091 | |||
Accumulated other comprehensive income | 4 | |||
Other equity capital components | 0 | |||
Not available | ||||
Total bank equity capital | 1,231,197 | |||
Noncontrolling (minority) interests in consolidated subsidiaries | 0 | |||
Total equity capital | 1,231,197 | |||
Total liabilities and equity capital | 1,497,712 |
I, Matthew J. McNulty, CFO of the above-named bank do hereby declare that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true to the best of my knowledge and belief.
Matthew J. McNulty | ) | CFO |
We, the undersigned directors (trustees), attest to the correctness of the Report of Condition (including the supporting schedules) for this report date and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.
Antonio I. Portuondo, President | ) | |||
Michael P. Scott, Managing Director | ) | Directors (Trustees) | ||
Kevin P. Caffrey, Managing Director | ) |
2 |
Exhibit 25(c)(1)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
THE BANK OF NEW
YORK MELLON
(Exact name of trustee as specified in its charter)
New
York (Jurisdiction of incorporation if not a U.S. national bank) |
13-5160382 (I.R.S. employer identification no.) |
240
Greenwich Street, New York, N.Y. (Address of principal executive offices) |
10286 (Zip code) |
Duke Energy Florida,
LLC
(Exact name of obligor as specified in its charter)
Florida (State or other jurisdiction of incorporation or organization) |
59-0247770 (I.R.S. employer identification no.) |
229
First Avenue North St. Petersburg, Florida (Address of principal executive offices) |
33701 |
First
Mortgage Bonds
(Title of the indenture securities)
1. | General information. Furnish the following information as to the Trustee: |
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address | |
Superintendent of the Department of Financial Services of the State of New York | One State Street, New York, N.Y. 10004-1417, and Albany, N.Y. 12223 | |
Federal Reserve Bank of New York | 33 Liberty Street, New York, N.Y. 10045 | |
Federal Deposit Insurance Corporation | 550 17th Street, NW Washington, D.C. 20429 | |
The Clearing House Association L.L.C. | 100 Broad Street New York, N.Y. 10004 |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
2. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
16. | List of Exhibits. |
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act").
1. | A copy of the Organization Certificate of The Bank of New York Mellon (formerly known as The Bank of New York, itself formerly Irving Trust Company) as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 1 to Amendment No. 1 to Form T-1 filed with Registration Statement No. 33-6215, Exhibits 1a and 1b to Form T-1 filed with Registration Statement No. 33-21672, Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637, Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121195 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152735). |
- 2 - |
4. | A copy of the existing By-laws of the Trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-261533). |
6. | The consent of the Trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-229519). |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
- 3 - |
SIGNATURE
Pursuant to the requirements
of the Act, the Trustee, The Bank of New York Mellon, a corporation organized and existing under the laws of the State of New York, has
duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of
New York, and State of New York, on the
15th day of September, 2022.
THE BANK OF NEW YORK MELLON | |||
By: | /s/ Francine Kincaid | ||
Name: | Francine Kincaid | ||
Title: | Vice President |
- 4 - |
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON
of 240 Greenwich Street, New York, N.Y. 10286
And Foreign and Domestic Subsidiaries,
a member of the Federal Reserve System, at the close of business June 30, 2022, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act.
Dollar amounts
in thousands | ||||
ASSETS | ||||
Cash and balances due from depository institutions: | ||||
Noninterest-bearing balances and currency and coin | 4,443,000 | |||
Interest-bearing balances | 135,521,000 | |||
Securities: | ||||
Held-to-maturity securities | 59,564,000 | |||
Available-for-sale debt securities | 90,719,000 | |||
Equity securities with readily determinable fair values not held for trading | 2,000 | |||
Federal funds sold and securities purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 5,183,000 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases held for investment | 32,371,000 | |||
LESS: Allowance for loan and lease losses | 165,000 | |||
Loans and leases held for investment, net of allowance | 32,206,000 | |||
Trading assets | 7,719,000 | |||
Premises and fixed assets (including capitalized leases) | 2,872,000 | |||
Other real estate owned | 3,000 | |||
Investments in unconsolidated subsidiaries and associated companies | 1,360,000 | |||
Direct and indirect investments in real estate ventures | 0 | |||
Intangible assets | 6,956,000 | |||
Other assets | 18,554,000 | |||
Total assets | 365,102,000 |
LIABILITIES | ||||
Deposits: | ||||
In domestic offices | 213,698,000 | |||
Noninterest-bearing | 104,281,000 | |||
Interest-bearing | 109,417,000 | |||
In foreign offices, Edge and Agreement subsidiaries, and IBFs | 110,165,000 | |||
Noninterest-bearing | 5,684,000 | |||
Interest-bearing | 104,481,000 | |||
Federal funds purchased and securities sold under agreements to repurchase: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 3,796,000 | |||
Trading liabilities | 2,435,000 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 520,000 | |||
Not applicable | ||||
Not applicable | ||||
Subordinated notes and debentures | 0 | |||
Other liabilities | 8,229,000 | |||
Total liabilities | 338,843,000 |
EQUITY CAPITAL | ||||
Perpetual preferred stock and related surplus | 0 | |||
Common stock | 1,135,000 | |||
Surplus (exclude all surplus related to preferred stock) | 11,872,000 | |||
Retained earnings | 16,885,000 | |||
Accumulated other comprehensive income | -3,633,000 | |||
Other equity capital components | 0 | |||
Total bank equity capital | 26,259,000 | |||
Noncontrolling (minority) interests in consolidated subsidiaries | 0 | |||
Total equity capital | 26,259,000 | |||
Total liabilities and equity capital | 365,102,000 |
I, Emily Portney, Chief Financial Officer of the above-named bank do hereby declare that this Report of Condition is true and correct to the best of my knowledge and belief.
Emily Portney Chief Financial Officer |
|||
We, the undersigned directors, attest to the correctness of this statement of resources and liabilities. We declare that it has been examined by us, and to the best of our knowledge and belief has been prepared in conformance with the instructions and is true and correct.
Thomas P. Gibbons | |||
Frederick O. Terrell | Directors | ||
Joseph J. Echevarria |
Exhibit 25(c)(2)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
THE BANK OF NEW
YORK MELLON
TRUST COMPANY, N.A.
(Exact name of trustee as specified in its charter)
(Jurisdiction of incorporation |
95-3571558 (I.R.S. employer identification no.) |
333 South Hope Street Los Angeles, California (Address of principal executive offices) |
90071 |
Duke
Energy Florida, LLC
(Exact name of obligor as specified in its charter)
Florida (State or other jurisdiction of incorporation or organization) |
59-0247770 (I.R.S. employer identification no.) |
229 First Avenue North St. Petersburg, Florida (Address of principal executive offices) |
33701 |
Debt Securities
(Title of the indenture securities)
1. | General information. Furnish the following information as to the trustee: |
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address | |
Comptroller of the Currency United States Department of the Treasury | Washington, DC 20219 | |
Federal Reserve Bank | San Francisco, CA 94105 | |
Federal Deposit Insurance Corporation | Washington, DC 20429 |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
2. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
16. | List of Exhibits. |
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act").
1. | A copy of the articles of association of The Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121948 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152875). |
2. | A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-121948). |
3. | A copy of the authorization of the trustee to exercise corporate trust powers (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-152875). |
- 2 - |
4. | A copy of the existing by-laws of the trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-229762). |
6. | The consent of the trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-152875). |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
- 3 - |
SIGNATURE
Pursuant to the requirements of the Act, the trustee, The Bank of New York Mellon Trust Company, N.A., a banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Chicago, and State of Illinois, on the 15th day of September, 2022.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. | |||
By: | /s/ Ann M. Dolezal | ||
Name: | Ann M. Dolezal | ||
Title: | Vice President |
- 4 - |
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
of 333 South Hope Street, Suite 2525, Los Angeles, CA 90071
At the close of business June 30, 2022, published in accordance with Federal regulatory authority instructions.
Dollar amounts | ||||
in thousands | ||||
ASSETS | ||||
Cash and balances due from | ||||
depository institutions: | ||||
Noninterest-bearing balances and currency and coin | 3,548 | |||
Interest-bearing balances | 464,922 | |||
Securities: | ||||
Held-to-maturity securities | 0 | |||
Available-for-sale debt securities | 50,522 | |||
Equity securities with readily determinable fair values not held for trading | 0 | |||
Federal funds sold and securities | ||||
purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 0 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases, held for investment | 0 | |||
LESS: Allowance for loan and lease losses | 0 | |||
Loans and leases held for investment, net of allowance | 0 | |||
Trading assets | 0 | |||
Premises and fixed assets (including capitalized leases) | 17,717 | |||
Other real estate owned | 0 | |||
Investments in unconsolidated subsidiaries and associated companies | 0 | |||
Direct and indirect investments in real estate ventures | 0 | |||
Intangible assets | 856,313 | |||
Other assets | 104,690 | |||
Total assets | $ | 1,497,712 |
1 |
LIABILITIES | ||||
Deposits: | ||||
In domestic offices | 1,570 | |||
Noninterest-bearing | 1,570 | |||
Interest-bearing | 0 | |||
Federal funds purchased and securities | ||||
sold under agreements to repurchase: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 0 | |||
Trading liabilities | 0 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 0 | |||
Not applicable | ||||
Not applicable | ||||
Subordinated notes and debentures | 0 | |||
Other liabilities | 264,945 | |||
Total liabilities | 266,515 | |||
Not applicable |
EQUITY CAPITAL | ||||
Perpetual preferred stock and related surplus | 0 | |||
Common stock | 1,000 | |||
Surplus (exclude all surplus related to preferred stock) | 325,102 | |||
Not available | ||||
Retained earnings | 905,091 | |||
Accumulated other comprehensive income | 4 | |||
Other equity capital components | 0 | |||
Not available | ||||
Total bank equity capital | 1,231,197 | |||
Noncontrolling (minority) interests in consolidated subsidiaries | 0 | |||
Total equity capital | 1,231,197 | |||
Total liabilities and equity capital | 1,497,712 |
I, Matthew J. McNulty, CFO of the above-named bank do hereby declare that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true to the best of my knowledge and belief.
Matthew J. McNulty | ) | CFO |
We, the undersigned directors (trustees), attest to the correctness of the Report of Condition (including the supporting schedules) for this report date and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.
Antonio I. Portuondo, President | ) | |||
Michael P. Scott, Managing Director | ) | Directors (Trustees) | ||
Kevin P. Caffrey, Managing Director | ) |
2 |
Exhibit 25(d)(1)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
____________________
FORM T-1
STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 OF A CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF A TRUSTEE PURSUANT TO SECTION 305(b)(2)
______________________________
DEUTSCHE BANK TRUST COMPANY AMERICAS
(formerly BANKERS TRUST COMPANY)
(Exact name of trustee as specified in its charter)
NEW YORK | 13-4941247 |
(Jurisdiction of Incorporation or | (I.R.S. Employer |
organization if not a U.S. national bank) | Identification no.) |
1 COLUMBUS CIRCLE | |
NEW YORK, NEW YORK | 10005 |
(Address of principal | (Zip Code) |
executive offices) |
Deutsche Bank Trust Company Americas
Attention: Mirko Mieth
Legal Department
1 Columbus Circle, 19th Floor
New York, New York 10019
(212) 250 – 1663
(Name, address and telephone number of agent for service)
______________________________________________________
Duke Energy
Indiana, LLC
(Exact name of obligor as specified in its charter)
Indiana | 35-0594457 |
(State or other jurisdiction of | (I.R.S. Employer |
incorporation or organization) | Identification No.) |
1000 East Main Street | |
Plainfield, IN | 46168 |
(Address of principal executive offices) | (Zip code) |
_____________________________
Debt Securities of Duke Energy Indiana, LLC
(Title of the Indenture securities)
Item 1. | General Information. |
Furnish the following information as to the trustee.
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address | |
Federal Reserve Bank (2nd District) | New York, NY | |
Federal Deposit Insurance Corporation | Washington, D.C. | |
New York State Banking Department | Albany, NY |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
Item 2. | Affiliations with Obligor. |
If the obligor is an affiliate of the Trustee, describe each such affiliation.
N/A
Item 3. -15. | Not Applicable |
Item 16. | List of Exhibits. |
Exhibit 1 - | Restated Organization Certificate of Bankers Trust Company dated August 31, 1998; Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated September 25, 1998; Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated December 18, 1998;Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated September 3, 1999; and Certificate of Amendment of the Organization Certificate of Bankers Trust Company dated March 14, 2002, incorporated herein by reference to Exhibit 1 filed with Form T-1 Statement, Registration No. 333-201810. |
Exhibit 2 - | Certificate of Authority to commence business, incorporated herein by reference to Exhibit 2 filed with Form T-1 Statement, Registration No. 333-201810. |
Exhibit 3 - | Authorization of the Trustee to exercise corporate trust powers, incorporated herein by reference to Exhibit 3 filed with Form T-1 Statement, Registration No. 333-201810. |
Exhibit 4 - | A copy of existing By-Laws of Deutsche Bank Trust Company Americas, dated April 26, 2018 (see attached). |
Exhibit 5 - | Not applicable. |
Exhibit 6 - | Consent of Bankers Trust Company required by Section 321(b) of the Act, incorporated herein by reference to Exhibit 6 filed with Form T-1 Statement, Registration No. 333-201810. |
Exhibit 7 - | A copy of the latest report of condition of the trustee published pursuant to law or the requirements of its supervising or examining authority. |
Exhibit 8 - | Not Applicable. |
Exhibit 9 - | Not Applicable. |
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the trustee, Deutsche Bank Trust Company Americas, a corporation organized and existing under the laws of the State of New York, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in The City of New York, and State of New York, on this 19th day of September, 2022.
DEUTSCHE BANK TRUST COMPANY AMERICAS | |||
By: | /s/ Jacqueline Bartnick | ||
Name: | Jacqueline Bartnick | ||
Title: | Director |
Deutsche Bank National Trust Company26732 Los Angeles, CA 90067-471206/2012 Board of Governors of the Federal Reserve System OMB Number 7100-0036 Federal Deposit Insurance Corporation OMB Number 3064-0052 Office of the Comptroller of the Currency OMB Number 1557-0081 Approval expires December 31, 2024 Page 1 of 87 Federal Financial Institutions Examination Council Consolidated Reports of Condition and Income for a Bank with Domestic Offices OnlyFFIEC 041 Report at the close of business June 30, 2022 20220630 (RCON 9999) This report is required by law: 12 U.S.C. § 324 (State member This report form is to be filed by banks with domestic offices only banks); 12 U.S.C. §1817 (State nonmember banks); 12 U.S.C. §161and total consolidated assets of less than $100 billion, except (National banks); and 12 U.S.C. §1464 (Savings associations). those banks that file the FFIEC 051, and those banks that are advanced approaches institutions for regulatory capital purposes Unless the context indicates otherwise, the term "bank" in this that are required to file the FFIEC 031. report form refers to both banks and savings associations. NOTE: Each bank’s board of directors and senior management are schedules) for this report date have been prepared in confor- responsible for establishing and maintaining an effective system of mance with the instructions issued by the appropriate Federal internal control, including controls over the Reports of Condition and regulatory authority and are true and correct to the best of my Income. The Reports of Condition and Income are to be prepared in knowledge and belief. accordance with federal regulatory authority instructions. The Reports of Condition and Income must be signed by the Chief Financial We, the undersigned directors (trustees), attest to the correctness Officer (CFO) of the reporting bank (or by the individual performing an of the Reports of Condition and Income (including the supporting equivalent function) and attested to by not less than two directors schedules) for this report date and declare that the Reports of (trustees) for state nonmember banks and three directors for state Condition and Income have been examined by us and to the best member banks, national banks, and savings associations. of our knowledge and belief have been prepared in conformance with the instructions issued by the appropriate Federal regulatory I, the undersigned CFO (or equivalent) of the named bank, attest authority and are true and correct. that the Reports of Condition and Income (including the supportingDirector (Trustee)Signature of Chief Financial Officer (or Equivalent)Director (Trustee) 7/30/2022 Date of SignatureDirector (Trustee) Submission of Reports Each bank must file its Reports of Condition and Income (Call To fulfill the signature and attestation requirement for the Reports Report) data by either: of Condition and Income for this report date, attach your bank’s completed signature page (or a photocopy or a computer gener- (a) Using computer software to prepare its Call Report and then ated version of this page) to the hard-copy record of the data file submitting the report data directly to the FFIEC’s Central Data submitted to the CDR that your bank must place in its files. Repository (CDR), an Internet-based system for data collec- tion (https://cdr.ffiec.gov/cdr/), or The appearance of your bank’s hard-copy record of the submitted (b) Completing its Call Report in paper form and arranging with a data file need not match exactly the appearance of the FFIEC’s software vendor or another party to convert the data into the sample report forms, but should show at least the caption of each electronic format that can be processed by the CDR. The Call Report item and the reported amount. software vendor or other party then must electronically submit the bank’s data file to the CDR. Deutsche Bank National Trust Company Legal Title of Bank (RSSD 9017) For technical assistance with submissions to the CDR, please contact the CDR Help Desk by telephone at (888) CDR-3111, by Los Angeles fax at (703) 774-3946, or by e-mail at cdr.help@cdr.ffiec.gov. City (RSSD 9130) FDIC Certificate Number 26732 CA 90067-4712 (RSSD 9050) State Abbreviation (RSSD 9200)Zip Code (RSSD 9220) Legal Entity Identifier (LEI) 529900U7AT9B9UMLXG16 (Report only if your institution already has an LEI.) (RCON 9224)The estimated average burden associated with this information collection is 55.53 hours per respondent and is expected to vary by institution, depending on individual circumstances. Burdenestimates include the time for reviewing instructions, gathering and maintaining data in the required form, and completing the information collection, but exclude the time for compiling and maintaining business records in the normal course of a respondent’s activities. A Federal agency may not conduct or sponsor, and an organization (or a person) is not required to respond toa collection of information, unless it displays a currently valid OMB control number. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burdenshould be directed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503, and to one of the following: Secretary, Board of Governorsof the Federal Reserve System, 20th and C Streets, NW, Washington, DC 20551; Legislative and Regulatory Analysis Division, Office of the Comptroller of the Currency, Washington, DC 20219; Assistant Executive Secretary, Federal Deposit Insurance Corporation, Washington, DC 20429. 06/2022 |
Deutsche Bank National Trust Company 26732 Los Angeles, CA 90067-4712 06/2012 FFIEC 041 Page 17 of 87 Consolidated Report of Condition for Insured Banks RC-1 and Savings Associations for June 30, 2022 All schedules are to be reported in thousands of dollars. Unless otherwise indicated, report the amount outstanding as of the last business day of the quarter. Schedule RCBalance Sheet Dollar Amounts in Thousands RCON Amount Assets 1. Cash and balances due from depository institutions (from Schedule RC-A): a. Noninterest-bearing balances and currency and coin (1) …………………………….…….…........................ 0081 85,237 1.a. b. Interest-bearing balances (2) ……………………………………………………….................................... 0071 113,572 1.b. 2. Securities: a. Held-to-maturity securities (from Schedule RC-B, column A) (3) ……………………………............................... JJ34 0 2.a. b. Available-for-sale debt securities (from Schedule RC-B, column D)…………………….……................................... 1773 100,639 2.b. c. Equity securities with readily determinable fair values not held for trading (4) …………………………. JA22 0 2.c. 3. Federal funds sold and securities purchased under agreements to resell: a. Federal funds sold………………………………………………………......................................................... B987 0 3.a. b. Securities purchased under agreements to resell (5, 6) ………………………….......................................... B989 0 3.b. 4. Loans and lease financing receivables (from Schedule RC-C): a. Loans and leases held for sale………………………………………………………..……................................... 5369 0 4.a. b. Loans and leases held for investment……………….................................... B528 0 4.b. c. LESS: Allowance for loan and lease losses……………....................................... 3123 0 4.c. d. Loans and leases held for investment, net of allowance (item 4.b minus 4.c) (7) ………............................... B529 0 4.d. 5. Trading assets (from Schedule RC-D)…………………………………………………….…….................................. 3545 0 5. 6. Premises and fixed assets (including capitalized leases)…………………………………….................................. 2145 37,695 6. 7. Other real estate owned (from Schedule RC-M)………………………………………………............................... 2150 0 7. 8. Investments in unconsolidated subsidiaries and associated companies……………………............................... 2130 0 8. 9. Direct and indirect investments in real estate ventures...................................……...................................... 3656 0 9. 10. Intangible assets (from Schedule RC-M)………………………………………………………………………………………………………… 2143 0 10. 11. Other assets (from Schedule RC-F) (6) …………………………………………………………….................................. 2160 64,918 11. 12. Total assets (sum of items 1 through 11)………………………………………………………....................................... 2170 402,061 12. Liabilities 13. Deposits: a. In domestic offices (sum of totals of columns A and C from Schedule RC-E)………………………………................... 2200 0 13.a. (1) Noninterest-bearing (8) ………………………………………………..………….. 6631 0 13.a.(1) (2) Interest-bearing……………………………………………………..…………….. 6636 0 13.a.(2) b. Not applicable 14. Federal funds purchased and securities sold under agreements to repurchase: a. Federal funds purchased (9) ………………………………………..…………......................................... B993 0 14.a. b. Securities sold under agreements to repurchase (10) ………………………………………………..................................... B995 0 14.b. 15. Trading liabilities (from Schedule RC-D)…………………………………………………..………….............................................. 3548 0 15. 16. Other borrowed money (includes mortgage indebtedness) (from Schedule RC-M)................................. 3190 0 16. 17. and 18. Not applicable 19. Subordinated notes and debentures (11) ……………………………………………………………………..……………….................. 3200 0 19. __________ 1. Includes cash items in process of collection and unposted debits. 2. Includes time certificates of deposit not held for trading. 3. Institutions that have adopted ASU 2016-13 should report in item 2.a amounts net of any applicable allowance for credit losses, and item 2.a should equal Schedule RC-B, item 8, column A, less Schedule RI-B, Part II, item 7, column B. 4. Item 2.c is to be completed by all institutions. See the instructions for this item and the Glossary entry for "Securities Activities" for further detail on accounting for investments in equity securities. 5. Includes all securities resale agreements, regardless of maturity. 6. Institutions that have adopted ASU 2016-13 should report in items 3.b and 11 amounts net of any applicable allowance for credit losses. 7. Institutions that have adopted ASU 2016-13 should report in item 4.c the allowance for credit losses on loans and leases. 8. Includes noninterest-bearing demand, time, and savings deposits. 9. Report overnight Federal Home Loan Bank advances in Schedule RC, item 16, "Other borrowed money." 10. Includes all securities repurchase agreements, regardless of maturity. 11. Includes limited-life preferred stock and related surplus. 06/2022 |
Exhibit 25(d)(2)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
THE BANK OF NEW
YORK MELLON
TRUST COMPANY, N.A.
(Exact name of trustee as specified in its charter)
(Jurisdiction of incorporation |
95-3571558 (I.R.S. employer identification no.) |
333 South Hope Street Los Angeles, California (Address of principal executive offices)
|
90071 |
Duke
Energy Indiana, LLC
(Exact name of obligor as specified in its charter)
Indiana (State or other jurisdiction of incorporation or organization) |
35-0594457
|
1000 East Main Street
|
46168 |
Unsecured Debt Securities
(Title of the indenture securities)
1. | General information. Furnish the following information as to the trustee: |
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address |
Comptroller of the Currency United States Department of the Treasury
|
Washington, DC 20219 |
Federal Reserve Bank |
San Francisco, CA 94105
|
Federal Deposit Insurance Corporation | Washington, DC 20429 |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
2. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
16. | List of Exhibits. |
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act").
1. | A copy of the articles of association of The Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121948 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152875). |
2. | A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-121948). |
3. | A copy of the authorization of the trustee to exercise corporate trust powers (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-152875). |
- 2 -
4. | A copy of the existing by-laws of the trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-229762). |
6. | The consent of the trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-152875). |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
- 3 -
SIGNATURE
Pursuant to the requirements of the Act, the trustee, The Bank of New York Mellon Trust Company, N.A., a banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Chicago, and State of Illinois, on the 15th day of September, 2022.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. | |||
By: | /s/ Ann M. Dolezal | ||
Name: | Ann M. Dolezal | ||
Title: | Vice President |
- 4 -
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
of 333 South Hope Street, Suite 2525, Los Angeles, CA 90071
At the close of business June 30, 2022, published in accordance with Federal regulatory authority instructions.
Dollar amounts | ||||
in thousands | ||||
ASSETS | ||||
Cash and balances due from | ||||
depository institutions: | ||||
Noninterest-bearing balances and currency and coin | 3,548 | |||
Interest-bearing balances | 464,922 | |||
Securities: | ||||
Held-to-maturity securities | 0 | |||
Available-for-sale debt securities | 50,522 | |||
Equity securities with readily determinable fair values not held for trading | 0 | |||
Federal funds sold and securities | ||||
purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 0 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases, held for investment | 0 | |||
LESS: Allowance for loan and lease losses | 0 | |||
Loans and leases held for investment, net of allowance | 0 | |||
Trading assets | 0 | |||
Premises and fixed assets (including capitalized leases) | 17,717 | |||
Other real estate owned | 0 | |||
Investments in unconsolidated subsidiaries and associated companies | 0 | |||
Direct and indirect investments in real estate ventures | 0 | |||
Intangible assets | 856,313 | |||
Other assets | 104,690 | |||
Total assets | $ | 1,497,712 |
1 |
LIABILITIES | ||||
Deposits: | ||||
In domestic offices | 1,570 | |||
Noninterest-bearing | 1,570 | |||
Interest-bearing | 0 | |||
Federal funds purchased and securities | ||||
sold under agreements to repurchase: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 0 | |||
Trading liabilities | 0 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 0 | |||
Not applicable | ||||
Not applicable | ||||
Subordinated notes and debentures | 0 | |||
Other liabilities | 264,945 | |||
Total liabilities | 266,515 | |||
Not applicable |
EQUITY CAPITAL | ||||
Perpetual preferred stock and related surplus | 0 | |||
Common stock | 1,000 | |||
Surplus (exclude all surplus related to preferred stock) | 325,102 | |||
Not available | ||||
Retained earnings | 905,091 | |||
Accumulated other comprehensive income | 4 | |||
Other equity capital components | 0 | |||
Not available | ||||
Total bank equity capital | 1,231,197 | |||
Noncontrolling (minority) interests in consolidated subsidiaries | 0 | |||
Total equity capital | 1,231,197 | |||
Total liabilities and equity capital | 1,497,712 |
I, Matthew J. McNulty, CFO of the above-named bank do hereby declare that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true to the best of my knowledge and belief.
Matthew J. McNulty | ) | CFO |
We, the undersigned directors (trustees), attest to the correctness of the Report of Condition (including the supporting schedules) for this report date and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.
Antonio I. Portuondo, President | ) | |||
Michael P. Scott, Managing Director | ) | Directors (Trustees) | ||
Kevin P. Caffrey, Managing Director | ) |
2 |
Exhibit 25(e)(1)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
THE BANK OF NEW
YORK MELLON
TRUST COMPANY, N.A.
(Exact name of trustee as specified in its charter)
(Jurisdiction of incorporation if not a U.S. national bank) |
95-3571558 (I.R.S. employer identification no.) |
333 South Hope Street Suite 2525 Los Angeles, California (Address of principal executive offices) |
90071 (Zip code) |
Duke
Energy Ohio, Inc.
(Exact name of obligor as specified in its charter)
Ohio (State or other jurisdiction of incorporation or organization) |
31-0240030 (I.R.S. employer identification no.) |
139 East Fourth Street Cincinnati, Ohio (Address of principal executive offices) |
45202 (Zip code) |
Unsecured Debt Securities
(Title of the indenture securities)
1. | General information. Furnish the following information as to the trustee: |
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address |
Comptroller of the Currency United States Department of the Treasury
|
Washington, DC 20219 |
Federal Reserve Bank |
San Francisco, CA 94105
|
Federal Deposit Insurance Corporation | Washington, DC 20429 |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
2. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
16. | List of Exhibits. |
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act").
1. | A copy of the articles of association of The Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121948 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152875). |
2. | A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-121948). |
3. | A copy of the authorization of the trustee to exercise corporate trust powers (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-152875). |
- 2 -
4. | A copy of the existing by-laws of the trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-229762). |
6. | The consent of the trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-152875). |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
- 3 -
SIGNATURE
Pursuant to the requirements of the Act, the trustee, The Bank of New York Mellon Trust Company, N.A., a banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Chicago, and State of Illinois, on the 15th day of September, 2022.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. | ||
By: | /s/ Ann M. Dolezal | |
Name: Ann M. Dolezal | ||
Title: Vice President |
- 4 -
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
of 333 South Hope Street, Suite 2525, Los Angeles, CA 90071
At the close of business June 30, 2022, published in accordance with Federal regulatory authority instructions.
Dollar amounts | ||||
in thousands | ||||
ASSETS | ||||
Cash and balances due from | ||||
depository institutions: | ||||
Noninterest-bearing balances and currency and coin | 3,548 | |||
Interest-bearing balances | 464,922 | |||
Securities: | ||||
Held-to-maturity securities | 0 | |||
Available-for-sale debt securities | 50,522 | |||
Equity securities with readily determinable fair values not held for trading | 0 | |||
Federal funds sold and securities | ||||
purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 0 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases, held for investment | 0 | |||
LESS: Allowance for loan and lease losses | 0 | |||
Loans and leases held for investment, net of allowance | 0 | |||
Trading assets | 0 | |||
Premises and fixed assets (including capitalized leases) | 17,717 | |||
Other real estate owned | 0 | |||
Investments in unconsolidated subsidiaries and associated companies | 0 | |||
Direct and indirect investments in real estate ventures | 0 | |||
Intangible assets | 856,313 | |||
Other assets | 104,690 | |||
Total assets | $ | 1,497,712 |
1 |
LIABILITIES | ||||
Deposits: | ||||
In domestic offices | 1,570 | |||
Noninterest-bearing | 1,570 | |||
Interest-bearing | 0 | |||
Federal funds purchased and securities | ||||
sold under agreements to repurchase: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 0 | |||
Trading liabilities | 0 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 0 | |||
Not applicable | ||||
Not applicable | ||||
Subordinated notes and debentures | 0 | |||
Other liabilities | 264,945 | |||
Total liabilities | 266,515 | |||
Not applicable |
EQUITY CAPITAL | ||||
Perpetual preferred stock and related surplus | 0 | |||
Common stock | 1,000 | |||
Surplus (exclude all surplus related to preferred stock) | 325,102 | |||
Not available | ||||
Retained earnings | 905,091 | |||
Accumulated other comprehensive income | 4 | |||
Other equity capital components | 0 | |||
Not available | ||||
Total bank equity capital | 1,231,197 | |||
Noncontrolling (minority) interests in consolidated subsidiaries | 0 | |||
Total equity capital | 1,231,197 | |||
Total liabilities and equity capital | 1,497,712 |
I, Matthew J. McNulty, CFO of the above-named bank do hereby declare that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true to the best of my knowledge and belief.
Matthew J. McNulty | ) | CFO |
We, the undersigned directors (trustees), attest to the correctness of the Report of Condition (including the supporting schedules) for this report date and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.
Antonio I. Portuondo, President | ) | |||
Michael P. Scott, Managing Director | ) | Directors (Trustees) | ||
Kevin P. Caffrey, Managing Director | ) |
2 |
Exhibit 25(e)(2)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
THE BANK OF NEW
YORK MELLON
TRUST COMPANY, N.A.
(Exact name of trustee as specified in its charter)
(Jurisdiction of incorporation |
95-3571558 (I.R.S. employer identification no.) |
333 South Hope Street Los Angeles, California (Address of principal executive offices) |
90071 |
Duke Energy Ohio, Inc.
(Exact name of obligor as specified in its charter)
Ohio (State or other jurisdiction of incorporation or organization) |
31-0240030 (I.R.S. employer identification no.) |
139 East Fourth Street Cincinnati, Ohio (Address of principal executive offices) |
45202 |
First Mortgage Bonds
(Title of the indenture securities)
1. | General information. Furnish the following information as to the trustee: |
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address | |
Comptroller of the Currency United States Department of the Treasury | Washington, DC 20219 | |
Federal Reserve Bank | San Francisco, CA 94105 | |
Federal Deposit Insurance Corporation | Washington, DC 20429 |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
2. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
16. | List of Exhibits. |
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act").
1. | A copy of the articles of association of The Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121948 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152875). |
2. | A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-121948). |
3. | A copy of the authorization of the trustee to exercise corporate trust powers (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-152875). |
- 2 - |
4. | A copy of the existing by-laws of the trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-229762). |
6. | The consent of the trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-152875). |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
- 3 - |
SIGNATURE
Pursuant to the requirements of the Act, the trustee, The Bank of New York Mellon Trust Company, N.A., a banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Chicago, and State of Illinois, on the 15th day of September, 2022.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. | |||
By: | /s/ Ann M. Dolezal | ||
Name: | Ann M. Dolezal | ||
Title: | Vice President |
- 4 - |
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
of 333 South Hope Street, Suite 2525, Los Angeles, CA 90071
At the close of business June 30, 2022, published in accordance with Federal regulatory authority instructions.
Dollar amounts | ||||
in thousands | ||||
ASSETS | ||||
Cash and balances due from | ||||
depository institutions: | ||||
Noninterest-bearing balances and currency and coin | 3,548 | |||
Interest-bearing balances | 464,922 | |||
Securities: | ||||
Held-to-maturity securities | 0 | |||
Available-for-sale debt securities | 50,522 | |||
Equity securities with readily determinable fair values not held for trading | 0 | |||
Federal funds sold and securities | ||||
purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 0 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases, held for investment | 0 | |||
LESS: Allowance for loan and lease losses | 0 | |||
Loans and leases held for investment, net of allowance | 0 | |||
Trading assets | 0 | |||
Premises and fixed assets (including capitalized leases) | 17,717 | |||
Other real estate owned | 0 | |||
Investments in unconsolidated subsidiaries and associated companies | 0 | |||
Direct and indirect investments in real estate ventures | 0 | |||
Intangible assets | 856,313 | |||
Other assets | 104,690 | |||
Total assets | $ | 1,497,712 |
1 |
LIABILITIES | ||||
Deposits: | ||||
In domestic offices | 1,570 | |||
Noninterest-bearing | 1,570 | |||
Interest-bearing | 0 | |||
Federal funds purchased and securities | ||||
sold under agreements to repurchase: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 0 | |||
Trading liabilities | 0 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 0 | |||
Not applicable | ||||
Not applicable | ||||
Subordinated notes and debentures | 0 | |||
Other liabilities | 264,945 | |||
Total liabilities | 266,515 | |||
Not applicable |
EQUITY CAPITAL | ||||
Perpetual preferred stock and related surplus | 0 | |||
Common stock | 1,000 | |||
Surplus (exclude all surplus related to preferred stock) | 325,102 | |||
Not available | ||||
Retained earnings | 905,091 | |||
Accumulated other comprehensive income | 4 | |||
Other equity capital components | 0 | |||
Not available | ||||
Total bank equity capital | 1,231,197 | |||
Noncontrolling (minority) interests in consolidated subsidiaries | 0 | |||
Total equity capital | 1,231,197 | |||
Total liabilities and equity capital | 1,497,712 |
I, Matthew J. McNulty, CFO of the above-named bank do hereby declare that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true to the best of my knowledge and belief.
Matthew J. McNulty | ) | CFO |
We, the undersigned directors (trustees), attest to the correctness of the Report of Condition (including the supporting schedules) for this report date and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.
Antonio I. Portuondo, President | ) | |||
Michael P. Scott, Managing Director | ) | Directors (Trustees) | ||
Kevin P. Caffrey, Managing Director | ) |
2 |
Exhibit 25(f)(1)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
THE BANK OF NEW
YORK MELLON
(Exact name of trustee as specified in its charter)
New York |
13-5160382 (I.R.S. employer identification no.) |
240 Greenwich Street, New York, N.Y. (Address of principal executive offices) |
10286 |
Duke Energy Progress, LLC
(Exact name of obligor as specified in its charter)
North Carolina (State or other jurisdiction of incorporation or organization) |
56-0165465 (I.R.S. employer identification no.) |
410 South Wilmington Street Raleigh, North Carolina (Address of principal executive offices) |
27601 |
First Mortgage Bonds
(Title of the indenture securities)
1. | General information. Furnish the following information as to the Trustee: |
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address | |
Superintendent of the Department of Financial Services of the State of New York | One State Street, New York, N.Y. 10004-1417, and Albany, N.Y. 12223 | |
Federal Reserve Bank of New York | 33 Liberty Street, New York, N.Y. 10045 | |
Federal Deposit Insurance Corporation | 550 17th Street, NW Washington, D.C. 20429 | |
The Clearing House Association L.L.C. | 100 Broad Street New York, N.Y. 10004 |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
2. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
16. | List of Exhibits. |
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act").
1. | A copy of the Organization Certificate of The Bank of New York Mellon (formerly known as The Bank of New York, itself formerly Irving Trust Company) as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 1 to Amendment No. 1 to Form T-1 filed with Registration Statement No. 33-6215, Exhibits 1a and 1b to Form T-1 filed with Registration Statement No. 33-21672, Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637, Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121195 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152735). |
- 2 - |
4. | A copy of the existing By-laws of the Trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-261533). |
6. | The consent of the Trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-229519). |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
- 3 - |
SIGNATURE
Pursuant to the requirements of the Act, the Trustee, The Bank of New York Mellon, a corporation organized and existing under the laws of the State of New York, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of New York, and State of New York, on the 15th day of September, 2022.
THE BANK OF NEW YORK MELLON | |||
By: | /s/ Francine Kincaid | ||
Name: | Francine Kincaid | ||
Title: | Vice President |
- 4 - |
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON
of 240 Greenwich Street, New York, N.Y. 10286
And Foreign and Domestic Subsidiaries,
a member of the Federal Reserve System, at the close of business June 30, 2022, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act.
Dollar amounts in thousands | ||||
ASSETS | ||||
Cash and balances due from depository institutions: | ||||
Noninterest-bearing balances and currency and coin | 4,443,000 | |||
Interest-bearing balances | 135,521,000 | |||
Securities: | ||||
Held-to-maturity securities | 59,564,000 | |||
Available-for-sale debt securities | 90,719,000 | |||
Equity securities with readily determinable fair values not held for trading | 2,000 | |||
Federal funds sold and securities purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 5,183,000 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases held for investment | 32,371,000 | |||
LESS: Allowance for loan and lease losses | 165,000 | |||
Loans and leases held for investment, net of allowance | 32,206,000 | |||
Trading assets | 7,719,000 | |||
Premises and fixed assets (including capitalized leases) | 2,872,000 | |||
Other real estate owned | 3,000 | |||
Investments in unconsolidated subsidiaries and associated companies | 1,360,000 | |||
Direct and indirect investments in real estate ventures | 0 | |||
Intangible assets | 6,956,000 | |||
Other assets | 18,554,000 | |||
Total assets | 365,102,000 |
LIABILITIES | ||||
Deposits: | ||||
In domestic offices | 213,698,000 | |||
Noninterest-bearing | 104,281,000 | |||
Interest-bearing | 109,417,000 | |||
In foreign offices, Edge and Agreement subsidiaries, and IBFs | 110,165,000 | |||
Noninterest-bearing | 5,684,000 | |||
Interest-bearing | 104,481,000 | |||
Federal funds purchased and securities sold under agreements to repurchase: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 3,796,000 | |||
Trading liabilities | 2,435,000 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 520,000 | |||
Not applicable | ||||
Not applicable | ||||
Subordinated notes and debentures | 0 | |||
Other liabilities | 8,229,000 | |||
Total liabilities | 338,843,000 |
EQUITY CAPITAL | ||||
Perpetual preferred stock and related surplus | 0 | |||
Common stock | 1,135,000 | |||
Surplus (exclude all surplus related to preferred stock) | 11,872,000 | |||
Retained earnings | 16,885,000 | |||
Accumulated other comprehensive income | -3,633,000 | |||
Other equity capital components | 0 | |||
Total bank equity capital | 26,259,000 | |||
Noncontrolling (minority) interests in consolidated subsidiaries | 0 | |||
Total equity capital | 26,259,000 | |||
Total liabilities and equity capital | 365,102,000 |
I, Emily Portney, Chief Financial Officer of the above-named bank do hereby declare that this Report of Condition is true and correct to the best of my knowledge and belief.
Emily Portney Chief Financial Officer |
|||
We, the undersigned directors, attest to the correctness of this statement of resources and liabilities. We declare that it has been examined by us, and to the best of our knowledge and belief has been prepared in conformance with the instructions and is true and correct.
Thomas P. Gibbons | |||
Frederick O. Terrell | Directors | ||
Joseph J. Echevarria |
Exhibit 25(f)(2)
FORM T-2
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF AN
INDIVIDUAL DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
Christie Leppert
(Name of trustee)
N/A
(I.R.S. Employer Identification Number) |
4655 Salisbury Road Suite 300 Jacksonville, Florida 32256 (Business address: street, city state and zip code) |
Duke Energy Progress,
LLC
(Exact name of obligor as specified in its charter)
North
Carolina (State or other jurisdiction of incorporation or organization) |
56-0165465 (I.R.S. employer identification no.) |
410 South Wilmington Street Raleigh, North Carolina (Address of principal executive offices) |
27601 (Zip code) |
First Mortgage Bonds
(Title of the indenture securities)
1. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None. (see Note below.)
2. | Trusteeships under other indentures. |
If the trustee is trustee under another indenture under which any other securities, or certificates of interest or participation in any other securities, of the obligor are outstanding, file a copy of each such indenture as an exhibit and furnish the following information:
(a) | Title of the securities outstanding under each such other indenture. |
Not applicable.
(b) | A brief statement of the facts relied upon by the trustee as a basis for the claim that no conflicting interest within the meaning of Section 310(b)(1) of the Trust Indenture Act of 1939 (the “Act”) arises as a result of the trusteeship under such other indenture, including a statement as to how the indenture securities will rank as compared with the securities issued under such other indenture. |
Not applicable.
11. | List of Exhibits. |
None.
NOTE
Inasmuch as this Form T-2 is filed prior to the ascertainment by the Trustee of all facts on which to base a responsive answer to Item 1, the answer to said Item is based on incomplete information.
Item 1 may, however, be considered as correct unless amended by an amendment to this Form T-2.
SIGNATURE
Pursuant to the requirements of the Act, I, Christie Leppert have signed this statement of eligibility in the City of Jacksonville and State of Florida, on the 14th day of September, 2022.
/s/ Christie Leppert | ||
Name: | Christie Leppert |
Exhibit 25(f)(3)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
THE BANK OF NEW
YORK MELLON
(Exact name of trustee as specified in its charter)
New York (Jurisdiction of incorporation if not a U.S. national bank) |
13-5160382 (I.R.S. employer identification no.) |
240 Greenwich Street, New York, N.Y. (Address of principal executive offices) |
10286 (Zip code) |
Duke Energy Progress,
LLC
(Exact name of obligor as specified in its charter)
North Carolina (State or other jurisdiction of incorporation or organization) |
56-0165465 (I.R.S. employer identification no.) |
410 South Wilmington Street Raleigh, North Carolina (Address of principal executive offices) |
27601 (Zip code) |
Debt
Securities
(Title of the indenture securities)
1. | General information. Furnish the following information as to the Trustee: |
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address | |
Superintendent of the Department of Financial Services of the State of New York | One State Street, New York,
N.Y. 10004-1417, and Albany, N.Y. 12223 | |
Federal Reserve Bank of New York | 33 Liberty Street, New York, N.Y. 10045 | |
Federal Deposit Insurance Corporation | 550 17th Street, NW Washington, D.C. 20429 | |
The Clearing House Association L.L.C. | 100 Broad Street New York, N.Y. 10004 |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
2. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
16. | List of Exhibits. |
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act").
1. | A copy of the Organization Certificate of The Bank of New York Mellon (formerly known as The Bank of New York, itself formerly Irving Trust Company) as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 1 to Amendment No. 1 to Form T-1 filed with Registration Statement No. 33-6215, Exhibits 1a and 1b to Form T-1 filed with Registration Statement No. 33-21672, Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637, Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121195 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152735). |
- 2 -
4. | A copy of the existing By-laws of the Trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-261533). |
6. | The consent of the Trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-229519). |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
- 3 -
SIGNATURE
Pursuant to the requirements
of the Act, the Trustee, The Bank of New York Mellon, a corporation organized and existing under the laws of the State of New York, has
duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of
New York, and State of New York, on the
15th day of September, 2022.
THE BANK OF NEW YORK MELLON | |||
By: | /s/ Francine Kincaid | ||
Name: | Francine Kincaid | ||
Title: | Vice President |
- 4 -
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON
of 240 Greenwich Street, New York, N.Y. 10286
And Foreign and Domestic Subsidiaries,
a member of the Federal Reserve System, at the close of business June 30, 2022, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act.
Dollar amounts in thousands | ||||
ASSETS | ||||
Cash and balances due from depository institutions: | ||||
Noninterest-bearing balances and currency and coin | 4,443,000 | |||
Interest-bearing balances | 135,521,000 | |||
Securities: | ||||
Held-to-maturity securities | 59,564,000 | |||
Available-for-sale debt securities | 90,719,000 | |||
Equity securities with readily determinable fair values not held for trading | 2,000 | |||
Federal funds sold and securities purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 5,183,000 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases held for investment | 32,371,000 | |||
LESS: Allowance for loan and lease losses | 165,000 | |||
Loans and leases held for investment, net of allowance | 32,206,000 | |||
Trading assets | 7,719,000 | |||
Premises and fixed assets (including capitalized leases) | 2,872,000 | |||
Other real estate owned | 3,000 | |||
Investments in unconsolidated subsidiaries and associated companies | 1,360,000 | |||
Direct and indirect investments in real estate ventures | 0 | |||
Intangible assets | 6,956,000 | |||
Other assets | 18,554,000 | |||
Total assets | 365,102,000 |
LIABILITIES | ||||
Deposits: | ||||
In domestic offices | 213,698,000 | |||
Noninterest-bearing | 104,281,000 | |||
Interest-bearing | 109,417,000 | |||
In foreign offices, Edge and Agreement subsidiaries, and IBFs | 110,165,000 | |||
Noninterest-bearing | 5,684,000 | |||
Interest-bearing | 104,481,000 | |||
Federal funds purchased and securities sold under agreements to repurchase: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 3,796,000 | |||
Trading liabilities | 2,435,000 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 520,000 | |||
Not applicable | ||||
Not applicable | ||||
Subordinated notes and debentures | 0 | |||
Other liabilities | 8,229,000 | |||
Total liabilities | 338,843,000 |
EQUITY CAPITAL | ||||
Perpetual preferred stock and related surplus | 0 | |||
Common stock | 1,135,000 | |||
Surplus (exclude all surplus related to preferred stock) | 11,872,000 | |||
Retained earnings | 16,885,000 | |||
Accumulated other comprehensive income | -3,633,000 | |||
Other equity capital components | 0 | |||
Total bank equity capital | 26,259,000 | |||
Noncontrolling (minority) interests in consolidated subsidiaries | 0 | |||
Total equity capital | 26,259,000 | |||
Total liabilities and equity capital | 365,102,000 |
I, Emily Portney, Chief Financial Officer of the above-named bank do hereby declare that this Report of Condition is true and correct to the best of my knowledge and belief.
Emily Portney Chief Financial Officer |
|||
We, the undersigned directors, attest to the correctness of this statement of resources and liabilities. We declare that it has been examined by us, and to the best of our knowledge and belief has been prepared in conformance with the instructions and is true and correct.
Thomas P. Gibbons | |||
Frederick O. Terrell | Directors | ||
Joseph J. Echevarria |
Exhibit 25(g)(1)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM T-1
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) ¨
THE BANK OF NEW
YORK MELLON
TRUST COMPANY, N.A.
(Exact name of trustee as specified in its charter)
(Jurisdiction of incorporation |
95-3571558 (I.R.S. employer identification no.) |
333 South Hope Street Los Angeles, California (Address of principal executive offices) |
90071 |
Piedmont Natural Gas Company, Inc.
(Exact name of obligor as specified in its charter)
North Carolina (State or other jurisdiction of incorporation or organization) |
56-0556998 (I.R.S. employer identification no.) |
4720 Piedmont Row Drive Charlotte, North Carolina (Address of principal executive offices) |
28210 |
Senior Debt Securities
(Title of the indenture securities)
1. | General information. Furnish the following information as to the trustee: |
(a) | Name and address of each examining or supervising authority to which it is subject. |
Name | Address | |
Comptroller of the Currency United States Department of the Treasury | Washington, DC 20219 | |
Federal Reserve Bank | San Francisco, CA 94105 | |
Federal Deposit Insurance Corporation | Washington, DC 20429 |
(b) | Whether it is authorized to exercise corporate trust powers. |
Yes.
2. | Affiliations with Obligor. |
If the obligor is an affiliate of the trustee, describe each such affiliation.
None.
16. | List of Exhibits. |
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act").
1. | A copy of the articles of association of The Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York Trust Company, N.A. (Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121948 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-152875). |
2. | A copy of certificate of authority of the trustee to commence business. (Exhibit 2 to Form T-1 filed with Registration Statement No. 333-121948). |
3. | A copy of the authorization of the trustee to exercise corporate trust powers (Exhibit 3 to Form T-1 filed with Registration Statement No. 333-152875). |
- 2 - |
4. | A copy of the existing by-laws of the trustee (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-229762). |
6. | The consent of the trustee required by Section 321(b) of the Act (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-152875). |
7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
- 3 - |
SIGNATURE
Pursuant to the requirements of the Act, the trustee, The Bank of New York Mellon Trust Company, N.A., a banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Chicago, and State of Illinois, on the 15th day of September, 2022.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. | |||
By: | /s/ Ann M. Dolezal | ||
Name: | Ann M. Dolezal | ||
Title: | Vice President |
- 4 - |
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
of 333 South Hope Street, Suite 2525, Los Angeles, CA 90071
At the close of business June 30, 2022, published in accordance with Federal regulatory authority instructions.
Dollar amounts | ||||
in thousands | ||||
ASSETS | ||||
Cash and balances due from | ||||
depository institutions: | ||||
Noninterest-bearing balances and currency and coin | 3,548 | |||
Interest-bearing balances | 464,922 | |||
Securities: | ||||
Held-to-maturity securities | 0 | |||
Available-for-sale debt securities | 50,522 | |||
Equity securities with readily determinable fair values not held for trading | 0 | |||
Federal funds sold and securities | ||||
purchased under agreements to resell: | ||||
Federal funds sold in domestic offices | 0 | |||
Securities purchased under agreements to resell | 0 | |||
Loans and lease financing receivables: | ||||
Loans and leases held for sale | 0 | |||
Loans and leases, held for investment | 0 | |||
LESS: Allowance for loan and lease losses | 0 | |||
Loans and leases held for investment, net of allowance | 0 | |||
Trading assets | 0 | |||
Premises and fixed assets (including capitalized leases) | 17,717 | |||
Other real estate owned | 0 | |||
Investments in unconsolidated subsidiaries and associated companies | 0 | |||
Direct and indirect investments in real estate ventures | 0 | |||
Intangible assets | 856,313 | |||
Other assets | 104,690 | |||
Total assets | $ | 1,497,712 |
1 |
LIABILITIES | ||||
Deposits: | ||||
In domestic offices | 1,570 | |||
Noninterest-bearing | 1,570 | |||
Interest-bearing | 0 | |||
Federal funds purchased and securities | ||||
sold under agreements to repurchase: | ||||
Federal funds purchased in domestic offices | 0 | |||
Securities sold under agreements to repurchase | 0 | |||
Trading liabilities | 0 | |||
Other borrowed money: | ||||
(includes mortgage indebtedness and obligations under capitalized leases) | 0 | |||
Not applicable | ||||
Not applicable | ||||
Subordinated notes and debentures | 0 | |||
Other liabilities | 264,945 | |||
Total liabilities | 266,515 | |||
Not applicable |
EQUITY CAPITAL | ||||
Perpetual preferred stock and related surplus | 0 | |||
Common stock | 1,000 | |||
Surplus (exclude all surplus related to preferred stock) | 325,102 | |||
Not available | ||||
Retained earnings | 905,091 | |||
Accumulated other comprehensive income | 4 | |||
Other equity capital components | 0 | |||
Not available | ||||
Total bank equity capital | 1,231,197 | |||
Noncontrolling (minority) interests in consolidated subsidiaries | 0 | |||
Total equity capital | 1,231,197 | |||
Total liabilities and equity capital | 1,497,712 |
I, Matthew J. McNulty, CFO of the above-named bank do hereby declare that the Reports of Condition and Income (including the supporting schedules) for this report date have been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and are true to the best of my knowledge and belief.
Matthew J. McNulty | ) | CFO |
We, the undersigned directors (trustees), attest to the correctness of the Report of Condition (including the supporting schedules) for this report date and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.
Antonio I. Portuondo, President | ) | |||
Michael P. Scott, Managing Director | ) | Directors (Trustees) | ||
Kevin P. Caffrey, Managing Director | ) |
2 |
Exhibit 107
Calculation of Filing Fee Table
S-3
(Form Type)
Duke Energy Corporation
Duke Energy Carolinas, LLC
Duke Energy Florida, LLC
Duke Energy Indiana, LLC
Duke Energy Ohio, Inc.
Duke Energy Progress, LLC
Piedmont Natural Gas Company, Inc.
(Exact Name of Registrants as Specified in their Charters)
Table 1: Newly Registered Securities and Carry Forward Securities
Security Type |
Security Class Title | Fee
Calculation or Carry Forward Rule |
Amount Registered |
Proposed Maximum Offering Price Per Unit |
Maximum Aggregate Offering Price Per Unit |
Fee Rate | Amount
of Registration Fee | |
Newly Registered Securities | ||||||||
Fees to Be Paid | Equity | Common Stock of Duke Energy Corporation, par value $0.001 per share | Rules 456(b) and 457(r)
|
(1) | (1) | (1) | (2) | (2) |
Equity | Preferred Stock of Duke Energy Corporation, par value $0.001 per share | (1) | (1) | (1) | (2) | (2) | ||
Other | Depository Shares of Duke Energy Corporation (3) | (1) | (1) | (1) | (2) | (2) | ||
Other | Stock Purchase Contracts of Duke Energy Corporation | (1) | (1) | (1) | (2) | (2) | ||
Equity | Stock Purchase Units of Duke Energy Corporation | (1) | (1) | (1) | (2) | (2) | ||
Debt | Debt Securities of Duke Energy Corporation | (1) | (1) | (1) | (2) | (2) | ||
Debt | Debt Securities of Duke Energy Carolinas, LLC | (1) | (1) | (1) | (2) | (2) | ||
Debt | Debt Securities of Duke Energy Florida, LLC | (1) | (1) | (1) | (2) | (2) | ||
Debt | Debt Securities of Duke Energy Indiana, LLC | (1) | (1) | (1) | (2) | (2) | ||
Debt | Debt Securities of Duke Energy Ohio, Inc. | (1) | (1) | (1) | (2) | (2) | ||
Debt | Debt Securities of Duke Energy Progress, LLC | (1) | (1) | (1) | (2) | (2) | ||
Debt | Debt Securities of Piedmont Natural Gas Company, Inc. | (1) | (1) | (1) | (2) | (2) | ||
Total Offering Amounts | N/A | |||||||
Total Fees Previously Paid | N/A | |||||||
Total Fee Offsets | N/A | |||||||
Net Fee Due | N/A |
(1) | An indeterminate number or amount of the securities of each identified class is being registered as may from time to time be sold at unspecified prices. Separate consideration may or may not be received for securities that are issuable upon exercise, settlement, exchange or conversion of other securities. The securities registered also include such indeterminate amounts and numbers of securities as may be issued upon exercise, settlement, exchange or conversion of securities offered hereunder, including under any applicable anti-dilution provisions. Pursuant to Rule 416 under the Securities Act, the shares being registered hereunder include such indeterminate number of shares of common stock as may be issuable with respect to the shares being registered hereunder as a result of stock splits, stock dividends or similar transactions. |
(2) | In accordance with Rule 456(b) and Rule 457(r) under the Securities Act, the registrants are deferring payment of all of the registration fee and will pay any applicable registration fees on a “pay as you go” basis. |
(3) | In the event that Duke Energy Corporation elects to offer to the public fractional interests in shares of Preferred Stock registered hereunder, Depositary Shares, evidenced by depositary receipts issued pursuant to a deposit agreement, will be distributed to those persons purchasing such fractional interests, and the shares of Preferred Stock will be issued to the depositary under any such agreement. |
D!
M\@'Z @,"# (4 AT")@(O C@"00)+ E0"70)G G$">@*$ HX"F *B JP"M@+!
M LL"U0+@ NL"]0, PL#%@,A RT#. -# T\#6@-F W(#?@.* Y8#H@.N [H#
MQP/3 ^ #[ /Y! 8$$P0@!"T$.P1(!%4$8P1Q!'X$C 2:!*@$M@3$!-,$X03P
M!/X%#044%]@8&!A8&)P8W!D@&
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M',P<]1T>'4<=:AZ4'KX>Z1\3'SX?:1^4'[\?ZB 5($$@
M;""8(,0@\"$<(4@A=2&A( &YXS'DJ>8EYYWI&
M>J5[!'MC>\)\(7R!?.%]07VA?@%^8G["?R-_A'_E@$> J($*@6N!S8(P@I*"
M](-7@[J$'82 A..%1X6KA@Z&>,)WMK&/S
M94M[JY9=RKB&TMY+J=\N5'R112/M!W-MVJ&5+=?:)EC>XMQ<("!;QR(J1Q1-Y.(UD/F2L\S@'S?_P %@7H?B_
MP)=>+)X-NM:-]E6VNH\*SPSW<4+P3<'S(AYS2Q@X:*4$HRK),DH!_/C^QWJU
MQHOQ&\*RVLLD,C:YIT1>-V1C'-
MU5-E[I]P\$N%=5?:?EEC\Q4=HI5VRPN57S(G1P,,* /ZW?\ @G=\=)?C[\.M
M,OKR?[1J5EOT^_<^:6,UM@1M(\Q9I99+=K>::5696EE?[K!HT /M^@#\$?\
M@M/^T#<:
_P#*
MCJ7_ ,ET >@?"W]@KX!;6+?7M!T;[)J5IYGD3_ &V]EV>;&\+_ "37#QG*
M.R_,IQG(PP! !]?T >/_ !C^ /A?]H"S6Q\3Z9;ZA$F?*:0%9H=S([>3/&4F
MAWF-!)Y3IYBJ$?