SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 ------------------ 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): February 18, 2003 DUKE ENERGY CORPORATION (Exact Name of Registrant as Specified in Charter) NORTH CAROLINA 1-4928 56-0205520 (State or Other Jurisdiction (Commission File No.) (IRS Employer of Incorporation) Identification No.) 526 South Church Street Charlotte, North Carolina 28201-1006 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: 704-594-6200 ------------------ Item 5. Other Events and Regulation FD Disclosure The registrant files this Form 8-K Current Report for the purpose of filing the exhibits listed in Item 7 below in anticipation of filing a Form S-3 Registration Statement in order to replenish the registrants' shelf capacity. Exhibits 99(a) through 99(d) contain information identical to the corresponding sections of the registrant's Form 10-K Annual Report for the year ended December 31, 2001, except that all such information has been updated to the extent required to show the impact of the implementation of the gross vs. net presentation of revenues under the partial consensus reached in June 2002 on EITF Issue No. 02-03, "Issues Involved in Accounting for Derivative Contracts Held for Trading Purposes and Contracts Involved in Energy Trading and Risk Management Activities", the impact of adopting SFAS No. 142, "Goodwill and Other Intangible Assets", and the impact of updating the business segments to conform to the presentation adopted during the year ended December 31, 2002, as further discussed in Notes 1 and 3 to the Consolidated Financial Statements. In addition, the subsequent events disclosures in the Management's Discussion and Analysis of Results of Operations and Financial Condition and the Notes to Consolidated Financial Statements have been updated for certain matters occurring subsequent to the filing of the registrant's Form 10-K Annual Report for the year ended December 31, 2001. Item 7. Financial Statements and Exhibits (c) Exhibits 23(a) Independent Auditors' Consent 99(a) Selected Financial Data 99(b) Management's Discussion and Analysis of Results of Operations and Financial Condition 99(c) Consolidated Financial Statements: Independent Auditors' Report Consolidated Statements of Income for the Years Ended December 31, 2001, 2000 and 1999 Consolidated Statements of Cash Flows for the Years Ended December 31, 2001, 2000 and 1999 Consolidated Balance Sheets as of December 31, 2001 and 2000 Consolidated Statements of Common Stockholders' Equity and Comprehensive Income for the Years Ended December 31, 2001, 2000 and 1999 Notes to Consolidated Financial Statements 99(d) Consolidated Financial Statement Schedule II--Valuation and Qualifying Accounts and Reserves for the Years Ended December 31, 2001, 2000 and 1999 SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this Report to be signed on its behalf by the undersigned thereunto duly authorized. DUKE ENERGY CORPORATION By: /s/ Keith G. Butler ------------------------------------ Keith G. Butler Senior Vice President and Controller Dated: February 18, 2003 EXHIBIT INDEX Exhibit Description ------- ----------- 23(a) Independent Auditors' Consent 99(a) Selected Financial Data 99(b) Management's Discussion and Analysis of Results of Operations and Financial Condition 99(c) Consolidated Financial Statements: Independent Auditors' Report Consolidated Statements of Income for the Years Ended December 31, 2001, 2000 and 1999 Consolidated Statements of Cash Flows for the Years Ended December 31, 2001, 2000 and 1999 Consolidated Balance Sheets as of December 31, 2001 and 2000 Consolidated Statements of Common Stockholders' Equity and Comprehensive Income for the Years Ended December 31, 2001, 2000 and 1999 Notes to Consolidated Financial Statements 99(d) Consolidated Financial Statement Schedule II - Valuation and Qualifying Accounts and Reserves for the Years Ended December 31, 2001, 2000 and 1999