SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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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): January 25, 1999
DUKE CAPITAL CORPORATION
(Exact name of registrant as specified in its charter)
DELAWARE 0-23977 51-0282142
(State of other jurisdiction of (Commission File Number) (I.R.S. Employer
incorporation) Identification No.)
422 South Church Street
Charlotte, North Carolina 28202-1904
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: 704-594-6200
Item 5. Other Events.
Duke Energy Corporation and CMS Energy Corporation have received
requests for additional information ("Second Requests") from the Federal Trade
Commission ("FTC") under the Hart-Scott-Rodino Antitrust Improvements Act
("HSR") relating to Duke's sale to CMS of the stock of Panhandle Eastern Pipe
Line Company, Trunkline Gas Company, two storage subsidiaries and Trunkline LNG
Company (collectively, the "Panhandle Companies"). The Panhandle Companies are
indirect subsidiaries of the registrant. Duke and CMS are in the process of
complying with the Second Request and providing other information to the staff
of the FTC. Currently, Duke believes that it will be able to comply
substantially with the Second Request in February and that this will enable the
HSR waiting period to expire in time to permit a closing of the acquisition in
the first quarter of 1999. Duke is seeking to resolve open issues with the FTC's
staff which would allow an early termination by the FTC of the waiting period,
either before or after compliance with the Second Request. While Duke knows of
no valid basis for the FTC to take action opposing the acquisition, Duke cannot
give any assurance with respect to the action of the FTC under HSR or its
timing.
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SIGNATURE
Pursuant to the requirements of the Securities and Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
DUKE CAPITAL CORPORATION
(registrant)
By: ________________________
Richard J. Osborne
Vice President
and Chief Financial Officer
Dated: January 25, 1999
