Exhibit 99.1
| |
|
|
|
|
|
|
|
 |
|
|
801 E. 86th Avenue |
|
|
Merrillville, IN 46410 |
FOR IMMEDIATE RELEASE
May 23, 2008
FOR ADDITIONAL INFORMATION
| |
|
|
| Media |
|
Investors |
Tom Cuddy
|
|
Randy Hulen |
Director, Communications
|
|
Director, Investor Relations |
(219) 647-5581
|
|
(219) 647-5688 |
tcuddy@nisource.com
|
|
rghulen@nisource.com |
NiSource to Appeal W. Va. Case to U. S. Supreme Court
MERRILLVILLE, Ind. NiSource Inc. today announced that, on Thursday, May 22, the Supreme Court of
Appeals of West Virginia voted to refuse to hear the companys appeal of a $404 million verdict
rendered in a state court class action lawsuit in 2007.
NiSource will seek a continuation of the stay of the judgment in the case pending a petition for
writ of certiorari to the Supreme Court of the United States. The company said its petition will be
filed with the U.S. Supreme Court within 90-120 days and that it expects the court to decide
whether to hear the appeal in early 2009.
NiSource President and CEO Robert C. Skaggs, Jr. said the company is surprised and disappointed
with the West Virginia Courts decision not to hear its appeal. The Courts decision to not even
address the substance of an appeal in a case of this significance, particularly in light of the
$270 million in punitive damages awarded at the trial court level, is unprecedented and contrary to
the most basic principles of fairness. We firmly believe in the merits of our position and will
continue to vigorously pursue our arguments before the U.S. Supreme Court. Skaggs added, While
yesterdays decision is certainly a setback, as a company we remain focused on our investment-
driven business strategy and are confident in our ability to deliver on our commitments to all our
stakeholders.
NiSource said it will assert in its certiorari petition that its constitutional rights were
violated by the manner in which the trial was conducted, particularly with respect to the punitive
damages award.
NiSource will also assert that its due process rights were violated by a lack of meaningful state
appellate review of the trial court verdict. The company said it strongly believes that the case
will warrant favorable review by the U.S. Supreme Court.
-more-
PAGE 2
About NiSource
NiSource Inc. (NYSE: NI), based in Merrillville, Ind., is a Fortune 500 company engaged in natural
gas transmission, storage and distribution, as well as electric generation, transmission and
distribution. NiSource operating companies deliver energy to 3.8 million customers located within
the high-demand energy corridor stretching from the Gulf Coast through the Midwest to New England.
Information about NiSource and its subsidiaries is available via the
Internet at www.nisource.com.
NI-F
Forward-Looking Statements
This news release includes forward-looking statements within the meaning of Section 27A of the
Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as
amended. Those statements include statements regarding the intent, belief or current expectations
of NiSource and its management. Although NiSource believes that its expectations are based on
reasonable assumptions, it can give no assurance that its goals will be achieved. Readers are
cautioned that the forward-looking statements in this presentation are not guarantees of future
performance and involve a number of risks and uncertainties, and that actual results could differ
materially from those indicated by such forward-looking statements. Important factors that could
cause actual results to differ materially from those indicated by such forward-looking statements
include, but are not limited to, the following: weather; fluctuations in supply and demand for
energy commodities; growth opportunities for NiSources businesses; increased competition in
deregulated energy markets; the success of regulatory and commercial initiatives; dealings with
third parties over whom NiSource has no control; the success of NiSources restructuring of its
outsourcing agreement; actual operating experience of NiSource assets; the regulatory process;
regulatory and legislative changes; changes in general economic, capital and commodity market
conditions; and counter-party credit risk.
# # #