Legal Notice
NOTICE OF CLASS ACTION SETTLEMENT
To all customers of The Peoples Gas Light and Coke Company or North Shore Gas Company during the period of April 26, 2000 and September 30, 2002, inclusive.
A. You may be entitled to payment of up to $100 if: (i) you were a customer of The Peoples Gas Light and Coke Company or North Shore Gas Company anytime during April 26, 2000 through and including September 30, 2002; and (ii) you did not receive a credit on your gas bill during April 2006 through June 2006, or debt relief or gas reconnection provided for in the Settlement Agreement dated January 17, 2006 as amended March 6, 2006 stemming from The People of the State of Illinois v. Peoples Energy Corp., et al., 05 CH 5124, City of Chicago v. The Peoples Gas Light and Coke Company, et al., 05 CH 5107.
B. You are not entitled to payment under the Settlement if you received a credit on your gas bill in April 2006, May 2006 or June 2006, or you received debt relief or received gas reconnection under the Settlement Agreement dated January 17, 2006 as amended March 6, 2006. Customers who were residential customers of The Peoples Gas Light and Coke Company or North Shore Gas Company on March 28, 2006, or large volume demand customers during the period of October 1, 2000 through September 30, 2004 should have received a credit on their gas bill sometime during the time period April through June 2006.
C. If you are not sure if you are a Class Member, you may submit a claim to the Claims Administrator for review.
If you were a customer of The Peoples Gas Light and Coke Company or North Shore Gas Company during April 26, 2000 and September 30, 2002 and you are not sure if you received a credit on your gas bill in April 2006 through June 2006, debt relief or gas reconnection, you may submit a claim to the Claims Administrator to review. The Claims Administrator will review your claim to determine if you are entitled to payment as a Class Member.
I. About the Lawsuit
This lawsuit is a class action against Peoples Energy Corporation, No. 04 CH 1931, Circuit Court, Cook County, Illinois. Peoples Energy Corporation (PEC) is the parent corporation of two regulated utilities, The Peoples Gas Light and Coke Company and North Shore Gas Company.
The lawsuit alleges that PEC and Enron Corporation created a joint venture called enovate, LLC and used it to make profits at the expense of the regulated utilities. Plaintiffs allege that PEC and its affiliates entered into a series of transactions with Enron and its affiliates between April 26, 2000 to September 30, 2002, inclusive. Plaintiffs allege that these transactions violated the Illinois Consumer Fraud and Deceptive Practices Act and constituted tortious acts under Illinois law. The Class sought disgorgement of the profits made from these transactions and an award of punitive damages. PEC is the only Defendant in the lawsuit.
PEC denied the allegations of the lawsuit and denied that it is liable as alleged in the Complaint and denied that it is required to disgorge any profits it and Enron Corporation made or that the Class is entitled to any relief.
II. Class Certification
On November 19, 2009, the court certified the Class and determined that the case can proceed as a class action. The Class is defined as:
All customers of Peoples Gas and North Shore Gas from April 26, 2000 through September 30, 2002 (“Class Period”), except those customers who received a credit, debt relief or gas reconnection provided for in the Settlement Agreement dated January 17, 2006 stemming from The People of the State of Illinois v. Peoples Energy Corp., et al., 05 CH 5124, City of Chicago v. The Peoples Gas Light and Coke Company, et al., 05 CH 5107 (“the Class”).
The court did not decide the merits of the case or if PEC is liable for engaging in the transactions with Enron Corporation and its affiliates.
III. The Terms of the Settlement
A. Payment to Class Members who submit a claim will be distributed after approval by the court. Subject to further order of the court, the Net Settlement Fund will be used to pay up to $100 to Class Members filing a claim who are determined to be entitled to payment. The Net Settlement Fund is the $8,800,000 settlement amount less Class expenses If the claims exceed the Net Settlement Fund, the payment to each eligible Class Member shall be reduced on a pro rata basis.
B. Cy Pres Award
If there are unclaimed settlement funds, those funds will be distributed as cy pres awards approved by the court.
IV. Class Members Must Submit a Claim to Be Included in the Settlement.
Class Members who want to receive a payment from the Net Settlement Fund must submit a claim to be eligible to receive a claims payment from the Settlement. To submit a claim, please complete and submit the attached claim form on or before April 30, 2011. You may also download or file a Claim Form from www.settlement-pec.com. The Claims Administrator’s name and contact information is Strategic Claims Services, 600 North Jackson Street, Suite 3, Media, PA 19063. The claim form must be filed by April 30, 2011.
The Claim Form will require you to submit the following information: (i) your name; (ii) your current address; (iii) the address at which gas service was provided to you at any time between April 26, 2000 and September 30, 2002; (iv) the name in which the customer account was held; (v) the former account number (if known); and (vi) the name of a person who, if necessary, may be contacted in connection with the Claim Form and such person’s telephone number.
V. Questions About This Notice or About This Lawsuit
The description in this notice does not cover all of the contentions of the parties or the terms of the Agreement. Class Members who have questions can contact the Class Administrator. The Claim Administrator’s name and address is Strategic Claims Services, 600 North Jackson Street, Suite 3, Media, PA 19063 or call toll free to (888) 380-4701 or go to www.settlement-pec.com.
Please do not call the judge, the court clerk, Peoples Energy Corporation, The Peoples Gas Light and Coke Company or North Shore Gas Company because they cannot answer questions or give advice.
