1326160--2/29/2008--Duke_Energy

related topics

{condition, economic, financial}

{cost, regulation, environmental}

{cost, contract, operation}

{operation, natural, condition}

{financial, litigation, operation}

{debt, indebtedness, cash}

{regulation, change, law}

Duke Energy may be unable to achieve some or all of the benefits that are expected to be achieved in connection with the spin-off of its natural gas businesses in January 2007. Duke Energy s franchised electric revenues, earnings and results are dependent on state legislation and regulation that affect electric generation, transmission, distribution and related activities, which may limit Duke Energy s ability to recover costs. Duke Energy may incur substantial costs and liabilities due to Duke Energy s ownership and operation of nuclear generating facilities. Duke Energy s plans for future expansion and modernization of its generation fleet subject it to risk of failure to adequately execute and manage its significant construction plans, as well as the risk of recovering such costs in an untimely manner, which could materially impact Duke Energy s results of operations, cash flows or financial position. Duke Energy s sales may decrease if Duke Energy is unable to gain adequate, reliable and affordable access to transmission assets. Duke Energy may be unable to secure long term power sales agreements or transmission agreements, which could expose Duke Energy s sales to increased volatility. Competition in the unregulated markets in which Duke Energy operates may adversely affect the growth and profitability of Duke Energy s business. Duke Energy must meet credit quality standards. If Duke Energy or its rated subsidiaries are unable to maintain an investment grade credit rating, Duke Energy would be required under credit agreements to provide collateral in the form of letters of credit or cash, which may materially adversely affect Duke Energy s liquidity. Duke Energy cannot be sure that it and its rated subsidiaries will maintain investment grade credit ratings. Duke Energy relies on access to short-term money markets and longer-term capital markets to finance Duke Energy s capital requirements and support Duke Energy s liquidity needs, and Duke Energy s access to those markets can be adversely affected by a number of conditions, many of which are beyond Duke Energy s control. Duke Energy s investments and projects located outside of the United States expose Duke Energy to risks related to laws of other countries, taxes, economic conditions, political conditions and policies of foreign governments. These risks may delay or reduce Duke Energy s realization of value from Duke Energy s international projects. Duke Energy s investments and projects located outside of the United States expose Duke Energy to risks related to fluctuations in currency rates. These risks, and Duke Energy s activities to mitigate such risks, may adversely affect Duke Energy s cash flows and results of operations. Duke Energy is exposed to credit risk of counterparties with whom Duke Energy does business. Poor investment performance of pension plan holdings and other factors impacting pension plan costs could unfavorably impact Duke Energy s liquidity and results of operations. Duke Energy is subject to numerous environmental laws and regulations that require significant capital expenditures, can increase Duke Energy s cost of operations, and which may impact or limit Duke Energy s business plans, or expose Duke Energy to environmental liabilities. Deregulation or restructuring in the electric industry may result in increased competition and unrecovered costs that could adversely affect Duke Energy s results of operations, cash flows or financial position and Duke Energy s utilities businesses. Duke Energy is involved in numerous legal proceedings, the outcome of which are uncertain, and resolution adverse to Duke Energy could negatively affect Duke Energy s results of operations, cash flows or financial position. Duke Energy s results of operations may be negatively affected by sustained downturns or sluggishness in the economy, including low levels in the market prices of commodities, all of which are beyond Duke Energy s control. Duke Energy s operating results may fluctuate on a seasonal and quarterly basis. Duke Energy s business is subject to extensive regulation that will affect Duke Energy s operations and costs. New laws or regulations could have a negative impact on Duke Energy s results of operations. Potential terrorist activities or military or other actions could adversely affect Duke Energy s business.

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1326160--2/29/2008--Duke_Energy_CORP