BPIndirectPropaneSettlement

1) WHAT IS THE NOTICE ABOUT?

Records indicate that you purchased a propane contract or purchased propane gas. You may be entitled to money as part of the Settlement proposed to resolve this Class Action. You are not being sued.

The Notice explains:

What the Class Action and the Settlement are about;

Who is affected by the Settlement;

Who represents you and the Class in the Class Action;

What your legal rights and choices are; and

How and by when you need to act.

2) HOW DID YOU GET MY INFORMATION?

A propane supplier and/or seller may have had you listed in their database as a customer who purchased propane during the Class Period.

3) WHO ARE THE DEFENDANTS?

Defendants in this case are BP America, Inc., BP Corporation North America Inc., BP International Services Company, BP Products North America Inc., BP Energy, and BP America Production Company. Collectively, known as BP.

4) WHAT IS THE LAWSUIT ABOUT?

The lawsuit claims that the Defendants manipulated the TET propane market during April 2003 and again between February 1, 2004 and March 31, 2004, violating antitrust and state consumer protection laws. It was alleged that manipulation of the propane market caused inflated pricing not only for TET propane but for other non-TET propane as well. As a result, people who purchased propane between February 1, 2004 and March 31, 2004 paid higher prices for propane than they would have if the market had not been manipulated.

5) WHAT IS THE DIFFERENCE BETWEEN TET PROPANE AND NON-TET PROPANE?

TET propane is propane transported in the Texas Eastern Products Pipeline Company (“TEPPCO”) pipeline system, which is the primary source for propane used in residential, commercial and agricultural heating in the northeastern United States. TEPPCO is the largest single storage facility for physical propane in the world.

Non-TET propane is propane stored in the non-TEPPCO caverns and/or storage facilities at Mont Belvieu, Texas and/or shipped through the Enterprise or Dixie pipeline systems.

6) WHAT IS AN INDIRECT PURCHASER CLASS MEMBER?

An Indirect Purchaser Class Member is an individual or company that purchased propane gas from someone other than BP or any Producer in April 2003 and/or during the period between February 1, 2004 and March 31, 2004. If you purchased propane directly from BP or another producer of BP propane, you are not an Indirect Purchaser Class Member.

You are excluded from the Class if you are BP and any of its current or former parents, subsidiaries, corporate affiliates, joint ventures, officers, directors or employees, or only purchased options, futures contracts, swaps or other financial contracts related to propane.

7) WHAT DOES THE SETTLEMENT PROVIDE?

BP has paid $15,250,000 into an interest-bearing Settlement Fund for the benefit of Indirect Purchaser Class Members.

Attorneys’ fees, litigation costs and expenses, any incentive awards, and the cost of notice and administration will be paid from the Settlement Fund prior to distribution to Indirect Purchaser Class Members.

8) WHO PAYS FOR THE ATTORNEY FEES?

Attorneys’ fees, litigation costs and expenses, any incentive awards, and the cost of notice and administration will be paid from the Settlement Fund prior to distribution to Indirect Purchaser Class Members.

9) HOW ARE PAYMENTS DETERMINED?

Payments made to Indirect Purchaser Class Members will be based on the proportion of recognized loss of each valid claim submitted to the total of all recognized losses of claims submitted. The Administrator will determine the exact amount once all claims have been received and processed.

In the Notice Packet you may have received, the Plan of Allocation outlines how payments are determined more specifically. The Plan of Allocation can also be downloaded by clicking the Plan of Allocation tab located on the left.

10) WHAT DO I NEED TO DO TO GET PAYMENT?

If you have submitted a claim, we will contact you in writing regarding any deficiencies with your claim that you need to cure.

If you have not filed a claim, you can still file a claim; however, claims received after April 15, 2010 will be processed and marked late. The acceptance of late claims will be at the Court’s discretion.

11) HOW DO I FILE A PROOF OF CLAIM?

Claims received after April 15, 2010 will be processed and marked late. The acceptance of late claims will be at the Court’s discretion.

You can file by mail or electronically.

To file by mail, fill out the Proof of Claim that was in your Notice Packet, or can also be downloaded by clicking on the Proof of Claim tab located on the left, and mail to:

In re BP Propane Indirect Purchaser Antitrust Litigation
Administrator, c/o Rust Consulting, Inc.
P.O. Box 24674
West Palm Beach, FL 33416

To file electronically, please click the File a Claim Online tab located on the left.

12) DO I HAVE A LAWYER REPRESENTING ME?

Yes. The Court has appointed attorneys to represent you at no cost to you. These lawyers are called Class Counsel.

13) WHAT ARE THE NAMES OF THE CLASS COUNSEL?

Lovell Stewart Halebian LLP, Futterman Howard Watkins Wylie & Ashley, Wexler Wallace LLP, Kirby McInerney LLP, and Miller Law, LLC. The following law firms represent Indirect Purchaser Class Members:

Christopher Lovell
Ian T. Stoll
LOVELL STEWART HALEBIAN LLP
61 Broadway, Suite 501
New York, NY 10006
Telephone: (212) 608-1900
Chairman of Co-Lead Counsel

Marvin A. Miller
MILLER LAW LLC
115 S. LaSalle Street
Suite 2910
Chicago, IL 60603
Telephone: (312) 332-3400

14) HOW MUCH OF THE SETTLEMENT DO THE ATTORNEYS EARN/TAKE?

Class Counsel has worked on this case for three years without any payment of fees and expenses. The total amount will not exceed one-third of the Settlement Fund, plus interest. It will cover all professional services already provided, as well as all future services, including administration and distribution of the Settlement Fund. Expenses incurred litigating the case will not exceed $1,200,000, including expert, consultant and other necessary expenses.

15) CAN I OBJECT TO HOW MUCH THE ATTORNEYS ARE RECEIVING?

You can no longer file an objection. The deadline for filing an objection with the Clerk of the Court was January 11, 2010.

16) SHOULD I GET MY OWN LAWYER?

You do not need to hire your own attorney; the Court has appointed lawyers to represent you. You may hire an attorney to represent you at your own expense.

17) HOW DO I PARTICIPATE IN THE SETTLEMENT?

You do not need to do anything to remain in the Class. You are automatically included unless you exclude yourself from the Settlement.

However, in order to receive any money from the Settlement, you must submit a valid Proof of Claim. Claims received after April 15, 2010 will be processed and marked late. The acceptance of late claims will be at the Court’s discretion.

18) IF I REMAIN IN THE CLASS, WHAT CLAIMS AM I SETTLING?

If the Court approves the Settlement, you and all Indirect Purchaser Class Members will be bound by the terms of the Settlement Agreement and release all claims related to Defendants’ conduct alleged in this lawsuit. You cannot sue the Defendants or the BP Releasees for claims alleged in this lawsuit.

19) WHAT IF I DON’T WANT TO BE IN THE CLASS?

You can no longer exclude yourself. Requests for Exclusion needed to be received by the Administrator no later than January 11, 2010.

20) HOW DO I EXCLUDE MYSELF FROM THE CLASS?

You can no longer exclude yourself. Requests for Exclusion needed to be received by the Administrator no later than January 11, 2010.

21) CAN I OBJECT TO OR COMMENT ON THE SETTLEMENT?

You can no longer file an objection. The deadline for filing an objection with the Clerk of the Court was January 11, 2010.

22) HOW DO I OBJECT TO THE SETTLEMENT?

You can no longer file an objection. The deadline for filing an objection with the Clerk of the Court was January 11, 2010.

23) CAN I OBJECT AND EXCLUDE MYSELF?

No, you cannot do both. If you exclude yourself, you are no longer part of the class and cannot object.

24) CAN I OBJECT AND FILE A CLAIM?

You can no longer file an objection. The deadline for filing an objection with the Clerk of the Court was January 11, 2010. Claims received after April 15, 2010 will be processed and marked late. The acceptance of late claims will be at the Court’s discretion.

25) CAN I EXCLUDE MYSELF AND FILE A CLAIM?

No. If you exclude yourself, you are no longer part of the class and cannot file a claim.

26) WHAT HAPPENS IF I DO NOTHING?

If the Court approves the Settlement and you did not exclude yourself, you will be bound by the terms of the Settlement Agreement and cannot sue Defendants or BP Releasees relating to the issues in this case. If you have not filed a claim, you will not receive any compensation from the Settlement.

In order to receive any money from the Settlement, you must have submitted a valid Proof of Claim to be received by the Administrator no later than April 15, 2010. Claims received after April 15, 2010 will be processed and marked late. The acceptance of late claims will be at the Court’s discretion.

27) WHEN AND WHERE WILL THE COURT DECIDE ON WHETHER TO GRANT FINAL APPROVAL OF THE SETTLEMENT?

The Court held a Final Hearing on February 10, 2010 and approved the Settlement.

28) MUST I ATTEND THE FAIRNESS HEARING?

No. Your attendance is not required. Class Counsel will be there to represent you and respond on your behalf. You may choose to hire an attorney, at your own expense, to appear at the Fairness Hearing.

29) CAN I ATTEND THE FAIRNESS HEARING?

No. The Fairness Hearing took place on February 10, 2010.

30) WHERE CAN I GET MORE INFORMATION?

The Notice contains only a summary of the Settlement Agreement and other relevant Court documents. Complete copies of public pleadings are available for review at the Office of the Clerk of Court, United States District Court, Everett McKinley Dirksen Building, 219 South Dearborn Street, Chicago, IL 60604.

In addition, important information, documents and forms related to this lawsuit are found on the links located on the left.

Inquiries may also be addressed to Class Counsel:

Christopher Lovell
Ian T. Stoll
LOVELL STEWART HALEBIAN LLP
61 Broadway, Suite 501
New York, NY 10006
Telephone: (212) 608-1900

Marvin A. Miller
MILLER LAW LLC
115 S. LaSalle Street
Suite 2910
Chicago, IL 60603
Telephone: (312) 332-3400

PERSONAL END USER QUESTIONS

31) I PURCHASED PROPANE FOR HOME HEATING/COOKING/GRILL/RV/HOT TUB/POOL/OR SIMILAR PERSONAL USE, WHICH SECTION DO I FILL OUT?

You will fill out the “pink” section of the Proof of Claim, propane purchased for personal use.

Besides purchasing the propane for your personal use, did you have any financial transactions (e.g. stock, options, contracts, indexes, swaps) with regard to propane? If the answer is “No,” then you only have to fill out pink section. If the answer is “Yes,” you will need to fill out pink and yellow sections.

32) I OWN MY OWN COMPANY AND/OR FAMILY OWNS A COMPANY AND BOUGHT PROPANE FOR THE BUSINESS, IS THAT CONSIDERED PERSONAL USER OR BUSINESS USER?

Business.

33) I BOUGHT PROPANE FOR MY HOUSE AND MY BUSINESS, DO I PUT THIS ON ONE FORM?

No, you will need to fill out the pink form (personal user) and the blue form (business user).

Besides purchasing the propane for your personal & business use, did you have any financial transactions (e.g. stock, options, contracts, indexes, swaps) with regard to propane? If the answer is “No,” then you only have to fill out pink section. If the answer is “Yes,” you will need to fill out pink and yellow sections.

34) HOW DO I KNOW IF I PURCHASED AT A FLAT PRICE, SINGLE OPIS TET, SINGLE OPIS NON-TET OR SINGLE RACK PRICE?

For the most part, people who purchased propane for personal use would not be purchasing at Rack Price or a Flat Price. A Flat Price is typically a contract you have with the propane supplier that they deliver on a regular basis over a period of time. A Rack Price is the price quoted by a wholesale truckload sale where title transfers at a pipeline terminal.

35) WHAT IF I DIDN’T PURCHASE THE PROPANE IN THE RELEVANT GEOGRAPHIC AREA? (E.G. I LIVE IN CALIFORNIA)

If you purchased propane pursuant to a contract and the propane, while outside the relevant geographic area, was Dixie or Enterprise propane, you will need to send in that contract with your Proof of Claim.

36) DO I NEED TO SEND IN ANY DOCUMENTATION WITH MY PROOF OF CLAIM?

You must retain all supporting documentation, including but not limited to contracts, purchase agreements and bills of lading.

37) WHAT IS THE RELEVANT GEOGRAPHICAL AREA?

Alabama, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia and Wisconsin.

38) I DON’T HAVE ANY RECEIPTS, ETC. FOR WHEN I PURCHASED THE PROPANE, HOW DO I FILL THIS OUT? DO YOU HAVE MY INFORMATION?

Unfortunately, we have no information on potential class members’ propane purchases. Fill out as much information as possible. All eligible transactions are subject to audit by the Administrator and Class Counsel.

39) CAN I FILE A LATE CLAIM

Claims received after April 15, 2010 will be processed and marked late. The acceptance of late claims will be at the Court’s discretion.

40) WHEN WILL PAYMENTS BE MADE

The Claims filing deadline was April 15, 2010. At this time claims are being processed and deficiencies are being cured. We do not know when payments will be made or how much anyone is getting. We would suggest visiting this website periodically for updates.