If your company purchased natural gas for use in Wisconsin between January 1, 2000 to October 31, 2002. You have the right to know about the litigation and about your legal rights and options before the Court decides whether to approve the settlement.

The Notice explains the litigation, the settlement, and your legal rights.

The Court in charge of the litigation is the United States District Court for the Western District of Wisconsin, and the case is called Arandell Corporation, et al. v. Xcel Energy, Inc., et al., Case No: 3:07-cv-00076-wmc (W.D. Wis.) and NewPage Wisconsin System Inc. v. CMS Energy Resource Management Company, et al., Case No: 3:09-cv-00240-wmc (W.D. Wis.). The people who sued are called Plaintiffs and the companies they sued are called Defendants.

In addition to Williams, Defendant companies originally sued include: American Electric Power Company, Inc. and AEP Energy Services, Inc. (collectively, “AEP”); CenterPoint Energy Services, Inc. (“CenterPoint”); Coral Energy Resources, L.P. (n/k/a Shell Energy North America (U.S.), L.P.) (“Coral”); Duke Energy Carolinas, LLC (f/k/a/ Duke Energy Corporation) and Duke Energy Trading and Marketing, L.L.C. (collectively, “Duke”) ; El Paso Corporation (n/k/a El Paso LLC) and El Paso Merchant Energy, L.P. (n/k/a El Paso Marketing Company, L.L.C.) (collectively, “El Paso”); ONEOK, Inc., ONEOK Energy Services Company, L.P. (f/k/a ONEOK Energy Marketing & Trading Company, L.P.), and Kansas Gas Marketing Company (collectively, “ONEOK”); Dynegy Marketing and Trade, DMT G.P. LLC, Dynegy Illinois, Inc., and Dynegy GP, Inc. (collectively, “Dynegy”); ePrime, Inc., Xcel Energy, Inc., and Northern States Power Company (collectively, “ePrime”); Reliant Energy, Inc. and Reliant Energy Services, Inc. (collectively, “Reliant”); and Cantera Gas Company, LLC (f/k/a CMS Field Services, Inc.), CMS Energy Corporation, and CMS Energy Resource Management Company (f/k/a CMS Marketing Services & Trading Company (collectively, “CMS”).

The lawsuits allege that Defendants and co-conspirators engaged in an unlawful arrangement, combination, agreement, or conspiracy to manipulate, fix, raise, maintain, or stabilize the prices of natural gas. Plaintiffs further claim that certain commercial and industrial purchasers who purchased natural gas in Wisconsin from sellers other than utilities or local distribution companies may recover for the effect that the alleged conspiracy had on the prices of the natural gas they purchased. Plaintiffs allege that, as a result of the combined or collusive conduct, they and other purchasers paid more for natural gas than they would have absent the conspiracy. Defendants deny all of Plaintiffs’ allegations and claims. The Court has not decided who is right.

Courts have previously approved settlements with other defendant groups: AEP, Coral, Duke, El Paso, ONEOK and CMS in Kansas, Missouri, and Wisconsin, and CenterPoint in Wisconsin only. Williams has now agreed to settle the pending lawsuits in Wisconsin. Williams has reached a settlement with respect to claims based on purchases in Wisconsin. This settlement does not relate to any claims you might have against any of the Defendants for purchases made in Kansas, Missouri, or any state other than Wisconsin. The case is also continuing against the remaining Defendants. Additional money may become available in the future as a result of a trial or future settlements, but there is no guarantee that this will happen.

In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. All of these people are members of the class, except for those who exclude themselves from the class.

Important information about the case will be posted on this website, as it becomes available. Please check the website to be kept informed about any future developments.

Your company may be a member of the Wisconsin Settlement Class if you meet the following definition:

The “Wisconsin Settlement Class” consists of all industrial and commercial purchasers of natural gas for their own use or consumption during the period from January 1, 2000 until October 31, 2002, and which gas was used or consumed by them in Wisconsin.

Excluded from the Wisconsin Settlement Class are (a) entities that purchased natural gas for resale (to the extent of such purchase for resale); (b) entities that purchased natural gas for generation of electricity for the purpose of sale (to the extent of such purchase for generation); (c) entities that purchased natural gas at rates approved by the Wisconsin Public Service Commission (to the extent of such purchases at such approved rates); (d) defendants and their predecessors, affiliates and subsidiaries; and (e) the federal government and its agencies.

The settlement provides a total of $12 million in cash, plus accrued interest (the “Settlement Fund”), before court-approved deductions for attorneys’ fees and expenses.

In addition, Williams’s sales remain in the case for the purpose of computing damages against the remaining Defendants, but those damages may be offset by credits for this settlement and settlements with other Defendants that settle.

More details are in the Settlement Agreement, available at on the Important Documents Page of this website.

To receive a payment from the Settlement you must file a claim.

If you filed an accepted claim under the previous settlements in the Wisconsin actions in 2017, 2019 or 2020 please do not submit another claim . You may amend your prior claim if you have additional information otherwise any payment in this settlement will be based on the data provided with you earlier claim(s).

If you did not receive a payment in the prior settlement(s) you may download or file a claim on the Settlement Website. The estimated deadline to file a claim form, postmarked or submitted online, is no later than July 26, 2023, pending Court approval. Once the claims period is complete, settlement funds will be allocated on a pro rata basis based on the volume of natural gas that each participating Class Member purchased in proportion to the total volume of all claims filed.

Funds from the Settlement Fund will be distributed to Class Members only after the Court grants final approval for the settlement. We do not know when or if the Court will issue Final Approval of the Settlement and after that, there may be appeals. We appreciate your patience.

A. Remain in the Wisconsin Settlement Class: If you wish to remain a member of the Wisconsin Settlement Class, you do not need to take any action at this time.

B. Get out of the Wisconsin Settlement Class: If you wish to keep any of your rights to sue Williams about claims concerning the sale of natural gas during the Class Period, other than claims for product liability, personal injury, or breach of contract claims not related to the allegations in this litigation, you must exclude yourself from the Wisconsin Settlement Class. If you exclude yourself from the Wisconsin Settlement Class, you will not get any money from the settlement, and you may not intervene as a party plaintiff in any of the Wisconsin Actions. To exclude yourself from the Wisconsin Settlement Class, you must send a letter that includes the following:

1) The name, address, and telephone number of the person or entity seeking exclusion;
2) All trade names or business names and addresses that the person or entity seeking exclusion (and any of his, her, or its parents, subsidiaries, affiliates, predecessors, or assignors who purchased, used, or consumed natural gas during the Class Period) has used during or since the Class Period;
3) With respect to natural gas purchased, used, or consumed in Wisconsin during the Class Period by any of the entity(ies) listed in sub-parts 1) or 2) above, the names of all entities from or through whom such natural gas was purchased, an estimate of the total dollar amount paid for such natural gas in Wisconsin, and an estimate of the total volume of such natural gas purchased in Wisconsin;
4) The case names of the Wisconsin Actions (Arandell Corporation, et al. v. Xcel Energy, Inc., et al., Case No: 3:07-cv-00076-wmc (W.D. Wis.) and NewPage Wisconsin System Inc. v. CMS Energy Resource Management Company, et al., Case No: 3:09-cv-00240-wmc (W.D. Wis. ));
5) The statement that “[name of person or entity] and all of its parents, subsidiaries, and affiliates hereby request to be excluded from the proposed class settlement described in the notice of settlement pertaining to the Actions;”
6) The title or position of the person signing on your behalf, and a statement that the person is duly authorized to sign on your behalf; and
7) The signature of the duly authorized person identified in subpart 6).

C. Remain in the Wisconsin Settlement Class and Object: You can ask the Court to deny approval of the settlement or otherwise object to the terms of the settlement by filing an objection. You can’t ask the Court to order a larger settlement; the Court can only approve or disapprove the settlement. If the Court denies approval, no settlement payments will be sent out, and the lawsuits against Williams will continue. If that is what you want to happen, you must object. If you object, Settlement Class Counsel will not be able to represent you concerning your objection. It will be your responsibility to assert your objection individually or through counsel that you hire at your own cost.

You may object to the proposed settlement in writing. You may also appear at the Fairness Hearing, either in person or through your own attorney. In order to appear at the Fairness Hearing, you must first provide written notice of your intention to appear. If you appear through your own attorney, you are responsible for paying that attorney. All written objections and supporting papers must include (a) a notice of intention to appear; (b) proof of membership in the Wisconsin Settlement Class; (c) the specific grounds for the objection and any reasons why you desire to appear and be heard, and (d) all documents or writings that you want the Court to consider.



D. You cannot both Object to and Exclude yourself from the Settlement: Objecting means you are telling the Court that you want to be part of the Wisconsin Settlement Class but disagree with something about the settlement terms. You can only object if you intend to stay in the Wisconsin Settlement Class and be bound by the settlement with Williams if approved by the Court. Excluding yourself, is telling the Court you do not want to be part of the Wisconsin Settlement Class or the settlement. If you exclude yourself, you have no basis to object because the settlement no longer affects you. Thus, you cannot both exclude yourself from the Wisconsin Settlement Class and object to the settlement.

If you are a member of the prior settlement classes involving Williams in Kansas and Missouri, your rights concerning those classes are not affected by this notice or this settlement. This notice concerns only the Wisconsin Settlement Class and the claims of Class Members against Williams for purchases in Wisconsin.

Unless you exclude yourself from the Wisconsin Settlement Class, you can’t sue Williams, or be part of any other lawsuit against Williams, about the alleged misconduct or legal issues in these lawsuits (This does not affect any claims or rights you might have related to any qualifying purchases in Kansas or Missouri). It also means that all of the decisions by the Court will bind you. Please review the Settlement Agreement, available on the important documents page of this website for a detailed explanation.

The Released Claims do not impede Plaintiffs’ rights to pursue claims against any non-settling Defendant or other entity, other than the Releasees, to recover for the full amount of Plaintiffs’ and Class Members’ damages arising from the collusive conduct alleged in the operative complaints.

The Releases and all related terms are contained in the Settlement Agreement , which is available on the important documents page of this website.

The U.S. District Court for the Western District of Wisconsin will hold a Fairness Hearing on June 30, 2023, at 1:00 p.m. CST, at the Courtroom of the Honorable James D. Peterson, United States District Court, 120 N. Henry Street, Madison, WI 53703. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the Settlement Website for information. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the settlement. We do not know how long it will take for the Court to make these decisions.

No. Settlement Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you file or mail an objection, you don’t have to come to Court to talk about it. As long as you filed or mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.

Yes. The Court has appointed the law firms of Kohner, Mann & Kailas, S.C., Perkins Coie LLP and Polsinelli PC, to represent the members of the Wisconsin Settlement Class (collectively, “Settlement Class Counsel”). You do not have to pay Settlement Class Counsel, although the settlement provides for an award of fees and costs out of the Settlement Fund. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense. The contact information for Settlement Class Counsel is as follows:

No. Settlement Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you file or mail an objection, you don’t have to come to Court to talk about it. As long as you filed or mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.

This notice summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the Settlement Agreement , which is available on the important documents page of this website and can be obtained by contacting Settlement Class Counsel using the information listed above under Question 14.