Amendment To The Cinergy Corp. Excess Pension Plan

EXHIBIT 10.64

AMENDMENT TO THE

CINERGY CORP. EXCESS PENSION PLAN


The Cinergy Corp. Excess Pension Plan, as amended and restated effective as of January 1, 1998, and as amended from time to time (the " Plan" ), is hereby amended effective as of January 1, 2007.

(1) Explanation of Amendment

The Plan is amended to clarify the relationship between the Plan and the Cinergy Corp. Non-Union Employees' Pension Plan (" Cinergy' s Pension Plan" ) in light of the adoption of the Duke Energy cash balance formula under Cinergy' s Pension Plan.

(2) Amendment

Section 5.3 of the Plan is hereby amended in its entirety to read as follows: " 5.3 Cash Balance Death Benefit

The following rules shall apply upon the death of a Participant who is classified as a " Cash Balance Participant" or " Duke Account Participant" under Cinergy' s Pension Plan: (a) Spouse ...