SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
QUARTERLY FILING CERTIFICATE
PURSUANT TO ORDER GRANTING EXEMPTIONS
UNDER SECTION 3(b) TO
FOREIGN PUBLIC UTILITY COMPANIES
Release No 35-27497; File No. 70-10013
DUKE ENERGY CORPORATION
526 S. Church Street
Charlotte, North Carolina 28202
(Name of the company filing this certificate and
address of its principal executive office)
David L. Hauser
Senior Vice President and
Treasurer
Duke Energy Corporation
526 S. Church Street
Charlotte, North Carolina 28202
(Name and address of agent for service)
Please also submit copies of all correspondence to:
Robert T. Lucas III
Duke Energy Corporation
422 South Church Street
Charlotte, North Carolina 28201-1244
By order issued March 8, 2002, the Commission granted the application of Duke Energy Corporation (“Duke Energy”) under section 3(b) of the Public Utility Holding Company Act of 1935, as amended. The Commission’s order required Duke Energy to file, on a quarterly basis, a certificate containing certain information regarding the capitalization and senior debt ratings of Duke Energy. Pursuant to that requirement, Duke Energy hereby submits its certificate.
CERTIFICATE
The undersigned officer of Duke Energy Corporation hereby certifies as follows:
1. The following table shows Duke Energy’s total capitalization as of September 30, 2003
| Capitalization (in millions of dollars) |
|||
| September 30, 2003 | |||
| Notes Payable and Commercial Paper |
$ | 494 | |
| Long-Term Debt (including current portion)a |
23,470 | ||
| Guaranteed Preferred Beneficial Interests in Subordinated Notes of Duke Energy or Subsidiariesa |
— | ||
| Preferred and Preference Stock (including current portion)a |
134 | ||
| Minority Interestsa |
1,716 | ||
| Total Common Stock Equity |
15,932 | ||
| Total Capitalization |
$ | 41,746 | |
a Upon the implementation of Statement of Financial Accounting Standards No. 150 “Accounting for Certain Financial Instruments with Characteristics of Both Liabilities and Equity,” effective July 1, 2003, $1,200 million of trust preferred securities which had been previously classified as Guaranteed Preferred Beneficial Interests in Subordinated Notes of Duke Energy or Subsidiaries were reclassified to Long-Term Debt. Additionally, $23 million of preferred stock with sinking fund requirements, which had been previously classified as Preferred and Preference Stock with Sinking Fund Requirements, and approximately $23 million of a Duke Energy subsidiary’s preferred and preference stock, which had been previously classified as Minority Interests, were reclassified to Long-Term Debt.
2. As of September 30, 2003, Duke Energy’s senior unsecured debt ratings were Baa1 from Moody’s Investors Service, Inc., BBB+ from Standard & Poor’s Rating Service, a division of The McGraw-Hill Companies, Inc. and BBB+ from Fitch Ratings.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 19th day of November, 2003.
| /s/ Myron L. Caldwell | ||||
| Myron L. Caldwell | ||||
| Vice President, Corporate Finance
| ||||
| Respectfully submitted, | ||||
| DUKE ENERGY CORPORATION
| ||||
| By: | /s/ Robert T. Lucas III | |||
| Robert T. Lucas III | ||||
| Assistant Secretary | ||||
| Dated: November 19, 2003 |