IBJNews

Duke to NC regulators: CEO's term not guaranteed

Associated Press
July 11, 2012
Back to TopCommentsE-mailPrint

Duke Energy Corp.'s surprise CEO said Tuesday that America's largest electric company dumped Progress Energy Inc. CEO Bill Johnson the same evening it was created in a merger because directors of the two merging corporations worried about Johnson's authoritarian style and being forced to pump billions into a troubled Florida nuclear plant.

Duke Energy CEO Jim Rogers remained CEO after the merger, though the companies had said they planned for Johnson to head the expanded company.

Meanwhile, Duke Energy announced Tuesday that three top executives have resigned: John McArthur, executive vice president of regulated utilities; Mark Mulhern, executive vice president and chief administrative officer; and Paula Sims, chief integration and innovation officer.

The North Carolina Utilities Commission heard from Rogers on Tuesday as it opened an investigation of whether it was misled before approving the merger June 29.

State law allows the commission to rescind or alter its decision approving the merger. The regulatory board also approves electricity rate increase requests. Both Duke Energy and Progress Energy, which remain separate operating companies in the Carolinas, are expected to seek rate increases later this year.

Rogers told state regulators Duke Energy directors told him they were disappointed in Johnson's authoritarian-seeming style, ongoing problems with Progress Energy's closed Crystal River nuclear plant in Florida, and Progress' financial performance.

"Our board did not feel that his style was appropriate or transferrable to leadership of the combined company," Rogers said. "They felt his style was autocratic and discouraged different points of view."

Duke Energy board members also were concerned that under Johnson, Progress was losing the option of mothballing the troubled Crystal River nuclear plant by marching ahead with repairs. Crystal River has been down for repairs since 2009 and isn't expected to operate again until 2014.

Rogers said Duke Energy's 10 representatives on the expanded company's board of directors voted to oust Johnson within hours of closing the merger July 2, while five Progress Energy directors voted to keep Johnson at the top. Rogers said neither he nor Johnson took part in that closed-door meeting.

Johnson's attorney declined to dispute details of Rogers' testimony.

"The fact that he is held in the highest regard by his peers in the utility industry and in the North Carolina business community speaks volumes about his leadership and business capabilities," attorney Wade Smith said in a statement.

Commission Chairman Edward Finley was noncommittal on whether regulators would call Johnson to offer his side of events under oath. Finley said the commission's six members would discuss how to proceed with its rare post-merger investigation.

Johnson, 58, signed a three-year employment contract five days before the merger concluded. The new company announced hours after the merger closed Johnson was leaving by "mutual agreement." Johnson is due to receive up to almost $45 million in severance, pension benefits, deferred compensation, and stock awards.

The package "will all be paid by the investors and none will be charged to customers of this state," Rogers, 64, assured commission members.

Progress Energy directors agreed to a relatively low sale price to Duke Energy due in part to being assured their top executive would lead the expanded company. Former Progress Energy board members have said publically in the past week they felt misled by the last-minute CEO switch.

While regulators were promised Johnson would become the post-merger CEO, no one said for how long, Rogers said.

Corporate directors asked him more than a week before the deal closed whether he'd consider staying as CEO, but nothing was final until the expanded company's directors met after legalizing the merger, Rogers said.

The utilities commission reopened hearings on the final details pending before the state regulatory body on June 25. That was two days after Rogers said he became aware Johnson might be dumped. Finley asked Rogers whether Duke Energy shouldn't have informed regulators that a possible switch as CEO was in the offing.

"The decision was not made until it was made," Rogers said. "Corporate decisions are announced when they are made, not when they are contemplated."

Duke Energy's directors had a responsibility to shareholders to close the deal, and the commission decided the merger was in the best interest of consumers after placing about 200 conditions on the deal, Rogers said.

He also expressed regret at the resignations of the three executives.

"Our hope was that we could all work together to capitalize on the significant opportunities we now have as one company," he said.

Bernstein Research analyst Hugh Wynne said in a note to investors Tuesday that Duke Energy's legal and regulatory troubles could last for months, during which the company's stock price could suffer. The merger's prolonged aftermath could leave the company's directors and senior managers "preoccupied with protecting the company and themselves from legal and regulatory challenges rather than completing the integration of the two companies," Wynne said.

The combined company will serve more than 7 million customers in North Carolina, Kentucky, Ohio, Indiana, Florida and South Carolina.

ADVERTISEMENT

  • just to clarify
    Did i make it clear in my previous post the neither person lives with us, and that no one in power in indiana lifted a finger to assist in this case of extortion? Forcing you to pay bills you didnt make? extortion.
  • Hope someones watching...
    I really hope someone big is paying attention to duke energy's moves lately. Three months ago we didnt recieve our bill, then they shut us off. Not a big deal, right. Called to pay a 120.00 bill. NOPE. In order to turn it back on, they made us pay off my sisters bill and my borther-in-laws old bill as well, cost me 1100.00 that day. Called the Indiana Regulatory Commision, was told they were behind duke, even tho neither one of those people live with us. True story, I'll go on the news because I have proof of what I just said, the bill I owed, and what I paid. Jason Price Brownsburg Indiana

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. The Fringe! Plus, the simple fact that there are so many local faves in such close proximity to each other.

  2. I remenber, watching the toll road, being built, through South Bend, when I was 10 years old. I believe, back then that it was estimated, that the toll road, would be paid for in 20 years and then it would be free. I am now 71, what happened? Since the power is in the people, by that, I mean that, we the people are in total control of everything. I, suggest that no one ever use the toll road again, let it go broke. We the people can control the price of everything, from groceries to gas, if we would just do it. If we don't pay the asking price, the sellers will lower the price and if we wait awhile, they will lower the price to what we accept as reasonable. I would like to know why a highway like interstate 94, is so well maintained, a much better highway, than the toll road, but has no tolls. I would also like to know why, a sitting governor, with a term limit, maximum of eight years, can lease, public property, for 75 years. Even though I have transponders in both of my trucks and will not be affected by the increase, I have been and will contine to avoid using the toll road. I make many trips from northern Indiana to Chicago, every year, and I prefer the better highway, I94!

  3. Coming from her background,she should be used to those kinds of advances! Menard probably figured it was ok to tuck a buck!

  4. I'm still waiting for the list of available, high quality apartments in the Village.

  5. This criminal masquerading as a lawyer obviously has serious issues. He’s been proven by his own testimony to be a pathological liar and probably has a personality disorder as he seems to be constructing a reality around himself. He places no value on truth, honesty or loyalty as evidenced by what he has done to his clients and his own family. And by the demands and lies he has made in court, it is evident he feels entitled to do and say whatever suits his purpose and everyone else is expected to nod obediently and believe him because he is, after all, Bill Super Lawyer; or BS lawyer for short. This millionaire wanna-be no longer owns anything of value; he squandered it and put everything he had into foreclosure. He has no money, house, car, boat or vacation home left to show for what he earned or what he stole. He’s just another loser without morals who will be doing time. I’m certain all of his courtroom shenanigans are antagonizing his poor victims. As Lamar said, his behavior and claims in court have been outrageous. The judge needs to be more than concerned; he needs to be judicial and end this nonsense.

ADVERTISEMENT