Duke, together with its subsidiaries, operates as an energy company in the United States and Latin America. The Complaint alleges that the Company failed to disclose and misrepresented that: (i) Duke’s current chief executive officer, James E. Rogers (“Rogers”) – and not William D. Johnson, who before the Merger was the head of Progress – would serve as the CEO of the combined Company after the Merger: and (ii) approval for the Merger was obtained from the Progress board of directors by failing to disclose that Rogers would act as the CEO of the combined company.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you acquired Duke common stock in connection with the Company’s merger with Progress, and/or purchased or acquired Duke common stock between June 28, 2012 and July 9, 2012, you have certain rights, and have until September 24, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent class member. If you would like to learn more about this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact Michael Goldberg, Esquire, of Glancy Binkow & Goldberg LLP, 1925 Century Park East, Suite 2100, Los Angeles, California 90067, by telephone at (310) 201-9150 or Toll Free at (888) 773-9224, by e-mail to shareholders@glancylaw.com.

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