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): May 4, 2004 DUKE ENERGY CORPORATION (Exact Name of Registrant as Specified in Charter) NORTH CAROLINA 1-4928 56-0205520 (State or Other Jurisdiction of (Commission File No.) (IRS Employer 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 7. Financial Statements and Exhibits (c) Exhibits 99 News Release dated May 4, 2004 Item 12. Results of Operations and Financial Condition On May 4, 2004, Duke Energy Corporation issued a news release announcing an agreement with KGen Partners LLC to purchase all of Duke Energy's merchant generation assets in the Southeast U.S. The news release also announced the resulting update of its financial results for the quarter ended March 31, 2004 that were originally announced on April 29, 2004. A copy of this news release is attached hereto as Exhibit 99. The information in Exhibit 99 is being furnished pursuant to this Item 12. 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 Vice President and Controller Dated: May 4, 2004 EXHIBIT INDEX Exhibit Description ------- ----------- 99 News Release dated May 4, 2004