AMENDMENT TO DUKE ENERGY CORPORATION EXECUTIVE SAVINGS PLAN

Exhibit 10.1

AMENDMENT TO
DUKE ENERGY CORPORATION
EXECUTIVE SAVINGS PLAN
(as Amended and Restated Effective as of January 1, 2008)

The Duke Energy Corporation Executive Savings Plan (as Amended and Restated Effective as of January 1, 2008) (the "Plan") is amended, effective August 26, 2008, as follows:

1.            Sections 7.10 and 7.11 of the Plan are hereby superseded and replaced in their entirety as set forth below:

"7.10    Transition Relief for Payment Elections – Post-2004 Deferrals .  With respect to Post-2004 Deferrals, a Participant designated by the Committee may, no later than a date specified by the Committee (provided that such date occurs no later than December 31, 2008 or such other date as permitted under Section 409A of the Code) elect on a form provided by the Committee to (a) change the date of payment of his or her Subaccounts to a date otherwise permitted for that Subaccount under the Plan; (b) change the form of payment of his or her Subaccou