Duke Energy told the North Carolina Utilities Commission Tuesday that the regulatory body doesn't have the authority to subpoena out-of-state residents. The commission last week ordered Duke Energy board members Ann Maynard Grey of Stamford, Conn., and Michael Browning of Indianapolis to testify on Friday.

 

The company says both are willing to appear after it produces documents that regulators want by the end of the month.

 

State regulators want to know whether they were misled when Duke Energy replaced its chief executive within hours after taking over Progress Energy. The companies said for over a year that Progress CEO Bill Johnson would lead the company.