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| IN THE UNITED STATES DISTRICT COURT |
FOR THE SOUTHERN DISTRICT OF NEW YORK
NOTICE OF AMENDED STIPULATION
The United States and Defendant have entered into an Amended Stipulation filed today with the Court to replace the Stipulation previously filed on February 22, 2010. The parties have modified the proposed Final Judgment, attached as Exhibit A to the Amended Stipulation, to take account of the retention of jurisdiction concerns expressed by the Court at the June 8, 2010 status conference. Accordingly, the following sentence has been added to Section IV of the [amended] proposed Final Judgment:
Upon notification by the United States to the Court of KeySpan's payment of the funds required by Section III above, this Section IV will have no further force or effect.
Additional public notice of this modification is not necessary to fulfill the notice and opportunity for comment provisions of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h), as this non-material modification does not relate to the remedy imposed by the proposed Final Judgment, KeySpan's obligations under it, or issues raised in public comments that have been submitted in this matter.