-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, C0fkbGEGawEq9x2nqV6CSFUtBcWBjDw6X0hZEuByfFCHqMUuM/z3Nx8P+NHV3qBG 60l/ECcEYDVVhhnTF2M/qQ== 0001094093-10-000014.txt : 20100120 0001094093-10-000014.hdr.sgml : 20100120 20100120100827 ACCESSION NUMBER: 0001094093-10-000014 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100119 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100120 DATE AS OF CHANGE: 20100120 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FLORIDA POWER CORP CENTRAL INDEX KEY: 0000037637 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 590247770 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-03274 FILM NUMBER: 10535013 BUSINESS ADDRESS: STREET 1: 100 CENTRAL AVENUE CITY: ST. PETERSBURG STATE: FL ZIP: 33701 BUSINESS PHONE: 7278205151 MAIL ADDRESS: STREET 1: 100 CENTRAL AVENUE CITY: ST. PETERSBURG STATE: FL ZIP: 33701 FORMER COMPANY: FORMER CONFORMED NAME: FLORIDA POWER CORP / DATE OF NAME CHANGE: 19950829 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PROGRESS ENERGY INC CENTRAL INDEX KEY: 0001094093 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 562155481 STATE OF INCORPORATION: NC FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-15929 FILM NUMBER: 10535012 BUSINESS ADDRESS: STREET 1: 410 S WILMINGTON ST CITY: RALEIGH STATE: NC ZIP: 27601 BUSINESS PHONE: 9195466463 MAIL ADDRESS: STREET 1: 410 S WILMINGTON ST CITY: RALEIGH STATE: NC ZIP: 27601 FORMER COMPANY: FORMER CONFORMED NAME: CP&L ENERGY INC DATE OF NAME CHANGE: 20000314 FORMER COMPANY: FORMER CONFORMED NAME: CP&L HOLDINGS INC DATE OF NAME CHANGE: 19990830 8-K 1 eightk01192010.htm FORM 8-K eightk01192010.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): January 19, 2010
 
(Commission File
Number)
 
Exact names of registrants as specified in their charters, address of principal executive offices, telephone number and state of incorporation
 
(IRS Employer
Identification No.)
     
1-15929
PROGRESS ENERGY, INC.
56-2155481
 
410 S. Wilmington Street
 
 
Raleigh, North Carolina 27601-1748
 
 
Telephone: (919) 546-6111
 
 
State of Incorporation: North Carolina
 
     
     
1-3274
FLORIDA POWER CORPORATION
d/b/a Progress Energy Florida, Inc.
299 First Avenue North
St. Petersburg, Florida 33701
Telephone: (727) 820-5151
State of Incorporation: Florida
59-0247770
     

None
(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


 
 

 


Section 7 – REGULATION FD

Item 7.01  Regulation FD Disclosure.

On January 19, 2010, Progress Energy, Inc. issued a press release narrowing its 2009 ongoing earnings guidance to the range of $3.00 to $3.05 per share and announcing ongoing earnings guidance for 2010 of $2.85 to $3.05 per share.  A copy of this press release is being furnished as Exhibit 99.1 to this Form 8-K.

The information in this Current Report on Form 8-K under this Item 7.01, as well as Exhibit 99.1, shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, except as shall be expressly set forth by specific reference in such a filing.

Section 8 – OTHER EVENTS

Item 8.01  Other Events.
 
On January 11, 2010, the Florida Public Service Commission (“FPSC”) ruled with respect to the request by Florida Power Corporation d/b/a Progress Energy Florida, Inc. (“PEF”) to increase base rates.  PEF filed its request on March 20, 2009 and requested that the rates become effective on January 1, 2010.  

In general, PEF had requested new base rates to provide $500 million of incremental annual revenue requirements.  The FPSC’s ruling will produce only $132 million of incremental annual revenues which represents the rate increase that was approved and effective July 2009 for repowering the Bartow plant.  The differences between PEF’s requested incremental revenues and those granted by the FPSC is a function of several factors, including among other things: 1) PEF had proposed rates based on a return on equity of 12.54% and the FPSC granted rates based on a return on equity of 10.5%; 2) the FPSC granted rates based on projected annual depreciation expense that is approximately $119 million lower than the amount requested by PEF; and 3) the FPSC’s ruling incorporates projected annual operating and maintenance costs that are approximately $77 million lower than the operating and maintenance cost requested by PEF and the elimination of $15 million of annual storm reserve accrual.

The company is studying its options relating to future regulatory actions and evaluating initiatives to decrease O&M and capital expenditures in the near term.

Section 9 – FINANCIAL STATEMENTS AND EXHIBITS

Item 9.01  Financial Statements and Exhibits.
 
(d)        EXHIBITS.
 
 
                            99.1
Press Release dated January 19, 2010, with respect to ongoing earnings guidance for 2009 and 2010.

 
 

 



SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrants have duly caused this report to be signed on their behalf by the undersigned hereunto duly authorized.

     
PROGRESS ENERGY, INC. and
FLORIDA POWER CORPORATION d/b/a PROGRESS ENERGY FLORIDA, INC.
     
Registrants
       
   
By: 
/s/ David B. Fountain
     
David B. Fountain
     
Assistant Secretary
Progress Energy, Inc.
 
Assistant Secretary
Florida Power Corporation d/b/a Progress Energy Florida, Inc.
       




Date: January 20, 2010


 
 

 


INDEX TO EXHIBITS


Exhibit No.                                Description

99.1
                                         Press Release dated January 19, 2010, with respect to ongoing earnings guidance for 2009 and 2010.










 

 

EX-99.1 2 eightkexhibit01192010.htm PRESS RELEASE eightkexhibit01192010.htm
 
 
EXHIBIT 99.1
 
 

Progress Energy provides 2010 earnings guidance, updates 2009 guidance

RALEIGH, N.C. (Jan. 19, 2010) - - Progress Energy (NYSE: PGN) announced today that its 2010 ongoing earnings guidance is projected to be in the range of $2.85 to $3.05. The 2010 earnings guidance reflects adjusted retail revenue expectations due to the challenging economy in the company’s service territories and the results of the decision last week in the company’s Florida rate case.

“Given the disappointing regulatory decision in Florida and the lingering effects of the economic recession, we expect 2010 will be an extremely challenging year,” said Bill Johnson, chairman, president and CEO of Progress Energy. “The rate case decision was particularly harmful because it failed to recognize the true costs associated with providing a secure, reliable electricity system. This decision will require us to make a number of tough decisions related to our O&M costs and capital expenditures.”

Progress Energy also narrowed its 2009 ongoing earnings guidance to a range of $3.00 to $3.05. The original target estimate for 2009 was a range of $2.95 to $3.15. The company will announce its fourth-quarter and year-end earnings results on Feb. 11.

The 2009 and 2010 ongoing earnings guidance excludes any impacts, if any, from discontinued operations, CVO mark-to-market adjustment, potential impairments and plant retirement charges. Progress Energy is not able to provide a corresponding GAAP equivalent for the 2009 and 2010 earnings guidance figures due to the uncertain nature and amount of these adjustments.

Progress Energy will hold a brief conference call at 10 a.m. ET (7 a.m. PT) today to discuss its 2009 and 2010 ongoing earnings guidance and the recent rate decision in Florida. Today’s conference call will be hosted by Chairman, President and Chief Executive Officer Bill Johnson and Chief Financial Officer Mark Mulhern, and will be webcast to the public.

Investors, media and the public may listen to the conference call by dialing 913-312-0392, confirmation code 4951003. If you encounter problems connecting to the conference call, please contact Investor Relations at 919-546-6057.

A webcast of the live conference call and related materials will be available at www.progress-energy.com/webcast. The webcast will be archived on the site for at least 30 days following the call for those unable to listen in real time. A playback of the entire conference call will be available from 1 p.m. ET Jan. 19 through midnight Feb. 2. To listen to the recorded call, dial ­­­­­­­­719-457-0820 and enter confirmation code ­­­­­4951003.

As previously announced, Progress Energy will hold a conference call to discuss 2009 fourth-quarter and year-end earnings results Feb. 11. That conference call will begin at 10 a.m. ET (7 a.m. PT) and will be webcast to the public. Details related to the Feb. 11 conference call and webcast are available at www.progress-energy.com/investor.

Progress Energy (NYSE: PGN), headquartered in Raleigh, N.C., is a Fortune 500 energy company with more than 22,000 megawatts of generation capacity and $9 billion in annual revenues. Progress Energy includes two major electric utilities that serve approximately 3.1 million customers in the Carolinas and Florida. The company has earned the Edison Electric Institute's Edison Award, the industry's highest honor, in recognition of its operational excellence, and was the first utility to receive the prestigious J.D. Power and Associates Founder's Award for customer service. The company is pursuing a balanced strategy for a secure energy future, which includes aggressive energy-efficiency programs, investments in renewable energy technologies and a state-of-the-art electricity system. Progress Energy celebrated a century of service in 2008. Visit the company’s Web site at www.progress-energy.com.

Caution Regarding Forward-Looking Information:
 
This release contains forward-looking statements within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. The matters discussed in this document involve estimates, projections, goals, forecasts, assumptions, risks and uncertainties that could cause actual results or outcomes to differ materially from those expressed in the forward-looking statements.
 
Examples of factors that you should consider with respect to any forward-looking statements made throughout this document include, but are not limited to, the following: the impact of fluid and complex laws and regulations, including those relating to the environment and the Energy Policy Act of 2005; the ability to meet the anticipated future need for additional baseload generation and associated transmission facilities in our regulated service territories and the accompanying regulatory and financial risks; the financial resources and capital needed to comply with environmental laws and renewable energy portfolio standards and our ability to recover related eligible costs under cost-recovery clauses or base rates; our ability to meet current and future renewable energy requirements; the inherent risks associated with the operation and potential construction of nuclear facilities, including environmental, health, regulatory and financial risks; the impact on our facilities and businesses from a terrorist attack; weather and drought conditions that directly influence the production, delivery and demand for electricity; recurring seasonal fluctuations in demand for electricity; the ability to recover in a timely manner, if at all, costs associated with future significant weather events through the regulatory process; economic fluctuations and the corresponding impact on our customers, including downturns in the housing and consumer credit markets; fluctuations in the price of energy commodities and purchased power and our ability to recover such costs through the regulatory process; our ability to control costs, including O&M and large construction projects; the ability of our subsidiaries to pay upstream dividends or distributions to Progress Energy; the duration and severity of the recession; the ability to successfully access capital markets on favorable terms; the stability of commercial credit markets and our access to short- and long-term credit; the impact that increases in leverage may have on us; our ability to maintain our current credit ratings and the impact on our financial condition and ability to meet our cash and other financial obligations in the event our credit ratings are downgraded; our ability to fully utilize tax credits generated from the previous production and sale of qualifying synthetic fuels under Internal Revenue Code Section 29/45K; the investment performance of our nuclear decommissioning trust funds; the investment performance of the assets of our pension and benefit plans and resulting impact on future funding requirements; the impact of potential goodwill impairments; the outcome of any ongoing or future litigation or similar disputes and the impact of any such outcome or related settlements; and unanticipated changes in operating expenses and capital expenditures. Many of these risks similarly impact our nonreporting subsidiaries. These and other risk factors are detailed from time to time in our filings with the SEC. All such factors are difficult to predict, contain uncertainties that may materially affect actual results and may be beyond our control. New factors emerge from time to time, and it is not possible for management to predict all such factors, nor can management assess the effect of each such factor on us.
 
Any forward-looking statement is based on information current as of the date of this document and speaks only as of the date on which such statement is made, and we undertake no obligation to update any forward-looking statement or statements to reflect events or circumstances after the date on which such statement is made.  
 
# # #

Contacts:  Corporate Communications – (919) 546-6189 or toll-free (877) 641-NEWS (6397)
 
 

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