0001104659-10-056898.txt : 20101108 0001104659-10-056898.hdr.sgml : 20101108 20101108161124 ACCESSION NUMBER: 0001104659-10-056898 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20101108 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20101108 DATE AS OF CHANGE: 20101108 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Duke Energy Indiana, Inc. CENTRAL INDEX KEY: 0000081020 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 350594457 STATE OF INCORPORATION: IN FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-03543 FILM NUMBER: 101172525 BUSINESS ADDRESS: STREET 1: 526 SOUTH CHURCH STREET STREET 2: EC03T CITY: CHARLOTTE STATE: NC ZIP: 28202 BUSINESS PHONE: 704-594-6200 MAIL ADDRESS: STREET 1: 526 SOUTH CHURCH STREET STREET 2: EC03T CITY: CHARLOTTE STATE: NC ZIP: 28202 FORMER COMPANY: FORMER CONFORMED NAME: PSI ENERGY INC DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: PUBLIC SERVICE CO OF INDIANA INC DATE OF NAME CHANGE: 19900509 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Duke Energy CORP CENTRAL INDEX KEY: 0001326160 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 202777218 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32853 FILM NUMBER: 101172526 BUSINESS ADDRESS: STREET 1: 526 SOUTH CHURCH STREET STREET 2: EC03T CITY: CHARLOTTE STATE: NC ZIP: 28202 BUSINESS PHONE: 704-594-6200 MAIL ADDRESS: STREET 1: 526 SOUTH CHURCH STREET STREET 2: EC03T CITY: CHARLOTTE STATE: NC ZIP: 28202 FORMER COMPANY: FORMER CONFORMED NAME: Duke Energy Holding Corp. DATE OF NAME CHANGE: 20050628 FORMER COMPANY: FORMER CONFORMED NAME: Deer Holding Corp. DATE OF NAME CHANGE: 20050504 8-K 1 a10-20818_18k.htm 8-K

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): November 8, 2010

DUKE ENERGY CORPORATION

(Exact Name of Registrant as Specified in its Charter)

Delaware

001-32853

20-2777218

(State or Other Jurisdiction

of Incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)

526 South Church Street, Charlotte, North Carolina 28202

(Address of Principal Executive Offices, including Zip code)

(704) 594-6200

(Registrant’s telephone number, including area code)

DUKE ENERGY INDIANA, INC.

(Exact Name of Registrant as Specified in its Charter)

Indiana		1-3543		35-0594457
(State or Other Jurisdiction of Incorporation)		(Commission File Number)		(IRS Employer Identification No.)

1000 East Main Street, Plainfield, Indiana 46168

(Address of Principal Executive Offices, including Zip code)

(704) 594-6200

(Registrant’s telephone number, including area code)

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

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240. 13e-4(c))

Item 7.01. Regulation FD Disclosure.

On November 8, 2010, Duke Energy (the “Company”) announced the termination of employment of Scott R. Storms, an attorney of the Company and formerly with the Indiana Utility Regulatory Commission, and Michael W. Reed, President of Duke Energy Indiana (“DE Indiana”). Both of these individuals were placed on administrative leave on October 5, 2010 while the Company conducts an investigation related to the recent hiring of Mr. Storms.

The Company also announced the appointment, effective November 8, 2010, of Douglas F. Esamann as President of DE Indiana. Mr. Esamann had been interim President of DE Indiana since October 11, 2010.

An internal employee memo related to these matters is attached as Exhibit 99.1 to this filing.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits.

99.1 Memo to Duke Energy Employees and Internal Contractors from Jennifer L. Weber, Senior Vice President and Chief Human Resources Officer, dated November 8, 2010.

SIGNATURE

Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	DUKE ENERGY CORPORATION


Date: November 8, 2010	By:	/s/ Marc E. Manly
	Name:	Marc E. Manly
	Title:	Group Executive, Chief Legal Officer and Corporate Secretary

	DUKE ENERGY INDIANA, INC.


Date: November 8, 2010	By:	/s/ Marc E. Manly
	Name:	Marc E. Manly
	Title:	Group Executive and Chief Legal Officer

EXHIBIT INDEX

Exhibit		Description

99.1		Memo to Duke Energy Employees and Internal Contractors from Jennifer L. Weber, Senior Vice President and Chief Human Resources Officer, dated November 8, 2010.

EX-99.1 2 a10-20818_1ex99d1.htm EX-99.1

EXHIBIT 99.1

TO:	Duke Energy Employees and Contractors

FROM:	Jennifer L. Weber, Senior Vice President and Chief Human Resources Officer

SUBJECT:	Update on Indiana Matter and Naming of Esamann as Duke Energy Indiana President

We’re committed to keeping you up-to-date on issues involving our company, including Duke Energy’s recent hiring of Scott Storms and subsequent placement of Mr. Storms and Mike Reed, president of Duke Energy Indiana, on administrative leave. Please know that we do not typically share this type of personnel information with others. But, given the visibility of this matter, we are communicating the steps we are taking based on our findings to date.

As we have reported earlier, Duke Energy promptly initiated internal and independent reviews of the issues raised in Indiana. On Nov. 4, we received a report from Gibson, Dunn & Crutcher, the law firm conducting the independent investigation, based on its review of the events leading up to the hiring of Scott Storms during the period of March to September 2010. After careful consideration of the findings to date from these investigations, we are taking the following actions:

· Today Duke Energy terminated the employment of Scott Storms and Mike Reed.

· We are implementing specific guidelines related to the hiring for certain job openings. Our new protocols will go above and beyond standard requirements. They will ensure that job candidates linked to regulatory and oversight groups are removed from all Duke Energy affairs prior to being considered for opportunities. We plan to communicate and train all hiring managers on these enhanced requirements.

· Doug Esamann has been named president of Duke Energy Indiana. He had been serving as interim president since Oct. 11. The press release announcing Doug’s appointment is attached.

We will continue to cooperate with the Indiana Inspector General and the Indiana Utility Regulatory Commission as they complete their reviews of this matter. Because of these external reviews, our own internal investigation is ongoing.

Please join me in congratulating Doug on his appointment and thanking him for his strong interim and enduring leadership in Indiana.