Safe Harbor Statement Under the Private Securities Litigation Reform Act of 1995

This document contains forward-looking information which is subject to risks and uncertainties that could cause actual results to be different than those contemplated, including, but not limited to: changes in state, federal or international regulatory environments; commercial, industrial and residential growth in the company’s service territory; the weather and other natural phenomena; the timing and extent of changes in commodity prices, interest rates and foreign currency exchange rates; general economic conditions; changes in environmental and other laws and regulations to which Duke Energy and its subsidiaries are subject, or other external factors over which Duke Energy has no control; the results of financing efforts; the effect of accounting pronouncements; growth in opportunities for Duke Energy’s business units; and other risks described in the 2005 Form 10-Ks filed by Duke Energy and Cinergy Corp., the registration statement on Form S-4 filed by Duke Energy and other Securities and Exchange Commission filings. The company undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.