This Day On The Street
Continue to site right-arrow
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here
Stocks Under $10 with 50-100% upside potential - 14 days FREE!

5 Big Deals That May Flop in 2012


3. Duke Energy's $13.7 billion Acquisition of Progress Energy.

In Jan. 2011, Duke Energy (DUK) said it will buy Progress Energy (PGN) for $13.7 billion creating a regional energy behemoth in the Carolina's, serving 7.1 million customers in Southeastern states. The deal still hasn't closed on antitrust concerns.

The value of the all stock deal has increased with Duke Energy's over 20% stock gain in 2011, but the deal is facing scrutiny that may threaten Progress's gains.

In December, the Federal Energy Regulatory Commission blocked the merger, delaying its close into 2012 on grounds that the tie-up would be harmful to energy market competition in North and South Carolina, where both companies have a significant presence.

After a Duke and Progress Energy proposed 8-year power selling agreement to mitigate concentration issues in the Carolinas was submitted in October, the FERC rejected the plan, calling it "flawed" and leaving key anticompetitive pricing threats unaddressed. However, the rejection of the proposal was not an outright veto of the merger.

Even after the FERC order, which has delayed the merger close from 2011, Duke and Progress are committed to the merger. "The companies are planning to submit a revised mitigation proposal as soon as the analysis of the commission's order is complete," said Duke and Progress in response to the FERC order. In a recent filing, Progress Chief Executive Bill Johnson said he expects the merger to close in June, pending regulatory approvals.

The companies will now need to resubmit a divestiture plan and have it accepted ahead of a July 8 termination date. As late as October, company officials had said the merger would close in 2011.

Previous to the December regulatory stoppage, the merger had received approvals from the U.S. Department of Justice, the U.S. Nuclear Regulatory Commission and the Federal Communications Commission, among other approvals, which also include the shareholders of both companies.

Divestitures still are a key to utilities mergers, which can create regional powerhouses. In December, the DoJ and other regulators approved the merger between Constellation Energy (CEG) and Exelon (EXC) that would create a mid-Atlantic energy titan. That deal will now looks more likely to close in 2012, pending the divestiture of three power plants.

For more on utilitity stocks, see TheStreet's portfolio of the highest yielding utility stocks.

4 of 6

Select the service that is right for you!

Action Alerts PLUS
Try it NOW

Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
  • Weekly roundups
TheStreet Quant Ratings
Try it NOW
Only $49.95/yr

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
  • Upgrade/downgrade alerts
Stocks Under $10
Try it NOW

David Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
  • Weekly roundups
Dividend Stock Advisor
Try it NOW

Jim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Alerts when market news affect the portfolio
  • Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
Real Money Pro
Try it NOW

All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.

Product Features:
  • Real Money + Doug Kass Plus 15 more Wall Street Pros
  • Intraday commentary & news
  • Ultra-actionable trading ideas
Options Profits
Try it NOW

Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • 100+ monthly options trading ideas
  • Actionable options commentary & news
  • Real-time trading community
  • Options TV
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
Submit an article to us!


DOW 17,649.96 +293.09 1.69%
S&P 500 2,044.70 +31.81 1.58%
NASDAQ 4,726.1110 +81.7990 1.76%

Brokerage Partners

Rates from

  • Mortgage
  • Credit Cards
  • Auto

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs