Williams v. Duke Energy
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Case Overview

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CLASS ACTION NOTICE

TO:  All ratepayers who received retail electric generation service from Duke Energy Corp. and/or Cinergy Corp. or their subsidiaries or affiliates at any time between January 1, 2005, and December 31, 2008, in the CG&E/Duke Energy Ohio electric service territory and who did not receive rebates under the side agreements.

DESCRIPTION OF THE LAWSUIT

This notice is being sent to you by order of the United States District Court for the Southern District of Ohio, Eastern Division (“the Court”) in Anthony Williams, et al. v. Duke Energy International, Inc., et al., Case No. 1:08-cv-00046. You received this notice because you may be a member of the class described herein. Plaintiffs allege that from 2005 to 2008 defendants unlawfully paid rebates through an affiliate to 24 large industrial or commercial customers under separate side agreements. Plaintiffs allege violation of federal racketeering and antitrust laws, as well as state racketeering and common law claims. Defendants deny these allegations, and maintain that they did not engage in any wrongdoing.

A settlement has been reached in this case with a total value of $80,875,000. Residential ratepayers will receive fixed payment amounts for each qualifying day they paid a tariffed rate during the class period, from a settlement fund not to exceed $25,000,000. The minimum payout for an eligible residential ratepayer who qualifies for the entire Class Period will be a total of approximately $40; that amount may go up to a maximum of approximately $400. Non-residential ratepayers will receive fixed, and possibly variable amounts based upon usage, for each qualifying day they paid a tariffed rate during the class period, from a settlement fund not to exceed $25,000,000. The minimum payout for an eligible non-residential ratepayer that qualifies for the entire Class Period will be a total of approximately $200; that amount may go up to a maximum of approximately $4,000. Ratepayers who qualify for lesser time periods will receive lesser total payouts so long as they are $10.00 and above. Also, class members may receive direct benefits from programs developed using a minimum of $8,000,000 of settlement monies.