FOURTH CIRCUIT AFFIRMS DUKE ENERGY WIN IN CLEAN AIR ACT SUIT - Duke Energy

News Release
June 15, 2005

FOURTH CIRCUIT AFFIRMS DUKE ENERGY WIN IN CLEAN AIR ACT SUIT

CHARLOTTE, N.C. – The United States Fourth Circuit Court of Appeals today affirmed an earlier ruling from the U.S. District Court of North Carolina in favor of Duke Energy in the U.S. Environmental Protection Agency’s Clean Air Act “New Source Review” (NSR) enforcement litigation brought against the company in 2000. 

Responding to today’s action, the company issued the following statement from Duke Power President and Chief Executive Officer Ruth G. Shaw:

“Today’s action from the Fourth Circuit further supports the fact that our company has -- for decades – understood and lawfully complied with the requirements of the Clean Air Act’s NSR program.  We have vigorously defended our rights in this case and we have prevailed.

“More importantly, we continue to do our level best to meet electric power demand in ways that are both economical and environmentally sound.”

Duke Power, a business unit of Duke Energy, is one of the nation’s largest electric utilities and provides safe, reliable, competitively priced electricity and value-added products and services to more than 2 million customers in North Carolina and South Carolina. The company operates three nuclear generating stations, eight coal-fired stations, 31 hydroelectric stations and numerous combustion turbine units. Total system generating capability is approximately 19,900 megawatts. More information about Duke Power is available on the Internet at: http://www.dukepower.com.

Duke Energy is a diversified energy company with a portfolio of natural gas and electric businesses, both regulated and unregulated, and an affiliated real estate company. Duke Energy supplies, delivers and processes energy for customers in the Americas. Headquartered in Charlotte, N.C., Duke Energy is a Fortune 500 company traded on the New York Stock Exchange under the symbol DUK. More information about the company is available on the Internet at: http://www.duke-energy.com.

Contact: Peter Sheffield
Phone: 980/373-4503
24-Hour Phone: 704/382-8333
e-mail: pvsheffield@duke-energy.com