8-K 1 g22614e8vk.htm FORM 8-K e8vk
 
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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): March 22, 2010
         
Commission File   Exact name of registrant as specified in its charter, state   I.R.S. Employer
Number   of incorporation, address of principal executive offices, and   Identification Number
    telephone number    
         
1-3274   FLORIDA POWER CORPORATION   59-0247770
    d/b/a PROGRESS ENERGY FLORIDA, INC.    
    299 First Avenue North    
    St. Petersburg, Florida 33701    
    Telephone: (727) 820-5151    
    State of Incorporation: Florida    
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))
 
 

 

 

ITEM 8.01. OTHER EVENTS
     (a) UNDERWRITING AGREEMENT. The Registrant has entered into an Underwriting Agreement, dated March 22, 2010, by and among the Registrant and Banc of America Securities LLC, Citigroup Global Markets Inc. and Mitsubishi UFJ Securities (USA), Inc., as representatives of the several underwriters, in connection with the offering of $250,000,000 aggregate principal amount of the Registrant’s First Mortgage Bonds, 4.55% Series due 2020 and $350,000,000 aggregate principal amount of the Registrant’s First Mortgage Bonds, 5.65% Series due 2040, registered with the Securities and Exchange Commission on Form S-3 (Reg. No. 333-155418-01). A copy of the Underwriting Agreement is filed herewith as Exhibit 1.
     (b) FORTY-NINTH SUPPLEMENTAL INDENTURE. The Registrant has entered into a Forty-Ninth Supplemental Indenture, dated as of March 1, 2010, to its Indenture, dated January 1, 1944, as supplemented, (the “Mortgage”), with The Bank of New York Mellon, as successor Trustee, in connection with the issuance of the Registrant’s First Mortgage Bonds in two series: (i) 4.55% Series due 2020 and (ii) 5.65% Series due 2040. A copy of the Forty-Ninth Supplemental Indenture to the Mortgage is filed herewith as Exhibit 4.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS
     
Exhibit No.   Description
1
  Underwriting Agreement, dated March 22, 2010, by and among the Registrant and Banc of America Securities LLC, Citigroup Global Markets Inc. and Mitsubishi UFJ Securities (USA), Inc., as representatives of the several underwriters
 
    
4
  Forty-Ninth Supplemental Indenture, dated as of March 1, 2010, to the Registrant’s Indenture, dated January 1, 1944, as supplemented, with The Bank of New York Mellon, as successor Trustee
 
    
5
  Opinion of Hunton & Williams LLP as to legality of the Securities issued by the Registrant
 
    
23
  Consent of Hunton & Williams LLP to the filing of Exhibit 5 herewith (included in its opinion filed as Exhibit 5)

 

 

SIGNATURES
     Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
         
  FLORIDA POWER CORPORATION d/b/a
PROGRESS ENERGY FLORIDA, INC.


Registrant
 		  
  By:   /s/ Mark M. Mulhern    
    Mark M. Mulhern   
    Senior Vice President and
Chief Financial Officer 		  
 
Date: March 25, 2010