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Regulator approves Duke Energy probe settlement

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Duke Energy formalized deals Monday that ended separate investigations by North Carolina regulators and the attorney general into whether the utility misled officials before a merger that made it the country's largest electric company.

The deals seek to balance greater oversight of the company with flexibility for its executives.

The North Carolina Utilities Commission voted unanimously to approve a settlement announced last week and negotiated by its staff and Duke Energy lawyers. The deal defines CEO Jim Rogers' retirement at the end of 2013; sets the coming and going of several other executives and board members; and requires the company acknowledge it has "fallen short of the commission's understanding of Duke's obligations" as a regulated utility.

Duke Energy sought to clear the air as it gears up to ask the regulator to approve two large rate increases in its largest market, said Dwight Allen, a Duke attorney. Duke Energy has 3.2 million customers in North Carolina and another 3.9 million in South Carolina, Ohio, Kentucky, Indiana and Florida.

"No doubt mutual respect and trust has been damaged," Allen admitted to commissioners.

The commission had the power to reverse or change its earlier approval allowing the merger with in-state rival Progress Energy, which commissioners rushed to approve in late June to meet a deadline Duke and Progress set after federal regulatory delays.

Attorney General Roy Cooper's office said Monday it is ending its probe with a separate settlement that seeks heightened consumer protection oversight of the company. Terms of the deal require the company to pay for independent satisfaction surveys of Duke's North Carolina customers and up to 29,000 employees, then tell the attorney general how it will respond.

Duke Energy shocked investors and consumers just hours after the deal closed July 2 by firing Progress Energy CEO Bill Johnson, who for a year and a half had been promised the job heading the combined company.

The surprise CEO switch prompted shareholder lawsuits, led to consumers accusing the state regulator of being duped, and drove down Duke Energy's stock price more than 8 percent between the day before the deal closed and Thursday's settlement announcement. Investors bid shares in the company 43 cents higher Monday to $64.25 by midday.

Green-energy advocate and frequent critic Jim Warren called the settlement a sell-out of consumers.

"I think the regulators have thrown the public under the bus," Warren said Monday. "It looks more and more that Duke Energy runs the state of North Carolina."

Not so, utilities commission attorneys argued.

They say the settlement is in the public interest because it affirms the commission maintains control over the legal monopolies it regulates and requires Duke shareholders to pay for the investigation and severance packages for departing executives.

Duke also must come up with another $30 million for ratepayers and low-income assistance.

Analysts hailed the settlement negotiated by the company as good for Charlotte-based Duke Energy and its state regulator.

"The settlement resolves one of the major regulatory issues facing the company at a low financial cost and introduces a path for resolution of management succession issues," Deutsche Bank Securities Inc. research analyst Jonathan Arnold wrote in a note to investors.

The settlement included several management reshuffles advancing former Progress Energy executives favored by regulators.

The key move was the announcement that Rogers will retire when his current employment contract runs out at the end of next year.

Rogers headed the pre-merger Duke Energy, then stepped back into the CEO role when the company's board ousted Johnson.

Johnson said he believed he paid the price because he insisted Duke live up to the merger terms when company officials had second thoughts and tried to back out last year. Duke's board members said they acted because of what they perceived as Johnson's authoritarian leadership style, his communication practices and dissatisfaction over his handling of the troubled Crystal River nuclear power plant in central Florida.

Johnson was hired last month as chief executive of the Tennessee Valley Authority, the nation's largest public utility.

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  1. liek the rest of America

  2. These quaint,obsessed musings by the stalkers are certainly entertaining, but I'm trying to figure out what, if anything, all the yelping below has to do with Zak Brown.

  3. It's evident that Moffett was pushing the right buttons and corporate America is now trying to squash him. He just wanted to withdraw the free pilot services provided to the company by the pilots to try and put some pressure on a company that has not been interested in negotiating a contract in over 5 years. The company does not provide a contract because not having one has saved them a bundle of money. Shame on any Republic pilots not standing behind their union leader just because things are getting tough, can you not see such strategic moves by the company as putting the last union president in a corporate position and into THEIR pocket. Do you really believe the last union president is so appalled at the attempts by Moffett, do you not remember his oppositions to the company? We stood behind him. It has been proven over and over again for thousands of years without fail, a man cannot serve two masters. Anyone that believes people vote contrary to their paycheck and livelihood deserve to be taken advantage of, the recent statements by the former union president are laughable as he denounces the current union president from his new corporate position. Have you ever seen a drafted sports player score points for his previous team, it cannot be done, he is not on the pilots side anymore, he gets his money a different way now than you and I do, and he should not be allowed to remain on the seniority list. A drafted player brings strength, credibility, tactical knowledge, and a strategic advantage to his NEW team, he would not be drafted or paid were it otherwise. We are all forced to choose only one side to play for and support, not doing so has many references in life such as insider trading and shaving points, all illegal for good reason. This basic fact is why corporate moguls, scientist, and engineers all sign non-discloser agreements and non-compete clauses, as protection in case they are lured into switching sides as our former union president has done. No NFL coach ever drafted a player so that both teams could benefit and better understand each other, they are recruited to win the game against that former team, period. Likewise the company does not recruit the former union president by accident or mutual understanding, its strategy. Don't confuse playing the game with good sportsman-like conduct in support of common business and prosperity goals, with the requirement to only play for one side. Good men we all love and favor fall subject to this manipulation, often without their knowledge, and it is not a betrayal of their friendship to oppose them when they switch sides. If we did not love and trust them, they would not have been chosen and lured to the other side in the first place. The deception by the drafted player is not made at a conscious level, it's just human nature and it's all about money and power which corrupts our ability to be objective and loyal to two masters. This is why our court system created the defense attorney, and why our military created counter intelligence. Its strategy and its propaganda, and it works, and that's why the "powers to be" manipulate the chess pieces by sometimes changing their colors. Some players know they are being manipulated when their color is changed, but it brings them more money and power so they do not care. The rest have good intentions but do not even realize they are being manipulated. This tactic is also known by another name, Divide and Conquer. In battle sending an imperfect message with an imperfect team is obviously not ideal, but it's still being sent by YOUR team, your union leader, a leader that has common goals and common rewards with you, they are the best, because we have elected them to do a job for us. If you are not backing Moffett but believing the spin by those that have recently switched sides, you are taking food out of your own mouth. Showing unity and backing an imperfect situation still results in taking just as much ground, it's about unity and bargaining power. It's not necessary to wait around for that perfect attack because it will never come, the company will spin and attempt to destroy anyone that gets in their way. Ultimately it's not about any specific attack anyway, ASAP or whatever it makes no difference, it is and always has been only about power. If this company cared about safety it would not build pairings with 8 hour overnights, come on, are you that naive? Besides, do you really think Hoffa cares, no, he got a call from corporate America and was squeezed into denouncing Moffett. If he didn't they would spin the safety card against him and the Teamsters National with implication for truckers, future contracts, insurance rates etc...saying something like the Teamsters use safety as a bargaining chip, blah blah blah... Do you really think any pilot is going to do something unsafe for the contract, absolutely not, the only ones threatening safety here is the company with reduced rest, fatigue, and poverty. Do you not find it odd that Hoffa and the Teamsters are opposing a Teamster president publicly? Would the Teamsters National not normally support and work with one of their own? Why did they not sit down and help him strategize, correct any mistakes, and charge ahead? Would the Teamsters National not normally support and leverage a contract for all those pilots that have been paying Teamster dues, isn't that why we have all been paying Teamster dues in the first place? I sure haven't been paying dues so that the Teamsters National could come along and write this kind of an article undercutting our union leader and our unity. Whose side is the Teamsters National really on, it's obviously not the Republic pilots side.

  4. No matter what Moffatt does the company is going to spin it like he is the terrorist and brainwash people like you into believing it, wake up, back your players that are trying to change things for you and your livelihood. Where has Hoffa been for the last 6 years, except collecting our dues. Seriously, do you really think an FO going for upgrade, signed off by a checkairman ready for the upgrade, who then fails, is not even capable of returning as a First Officer.

  5. whoa!

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