Area 5 WGC ANR.pdf

PDF 252 KB Posted

Attached to
Natural Gas Supply & Management Non-Firm
Contract number
505ENT-M16-NATURALGASWI-00
Issued by
Wisconsin

About this file

This is a Transaction Confirmation document for natural gas supply services between Constellation NewEnergy-Gas Division, LLC (seller) and the Wisconsin Department of Administration (buyer). The confirmation is executed under an existing Gas Supply Agreement effective June 8, 2016, and covers multiple Wisconsin state facilities including Red Granite Correctional Institute, University of Wisconsin Milwaukee, Stanley Correctional Institution, Milwaukee County Domes, and the Wisconsin Veterans Home in Madison.

The contract provides natural gas supply for the 2021 calendar year with monthly fixed quantities ranging from 25,224 MMBtu in July to 95,578 MMBtu in January, totaling approximately 691,759 MMBtu annually. All gas is priced at $0.15640 per MMBtu (equivalent to $0.015640 per therm), with pricing inclusive of fuel to delivery points but excluding commodity costs, which will be based on NYMEX last day settle prices unless otherwise locked by the customer. The agreement includes Secondary Firm delivery terms, meaning service is provided on a best-efforts basis and may be interrupted under certain conditions including force majeure or utility curtailments. Constellation will provide balancing services and billing based on actual consumption, with gas delivered through ANR and Viking pipelines to various Wisconsin delivery points.

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© 2018 Constellation Energy Resources, LLC. The offerings described herein are those of either Constellation NewEnergy-Gas Division, LLC or Constellation NewEnergy, Inc., affiliates of each other and ultimate subsidiaries of Exelon Corporation. Brand names and product names are trademarks or service marks of their respective holders. All rights reserved. Errors and omissions excepted.

Page 1 of 3 DEAL NO. 1215623/1215624/1215625/1215627/1215626

**DRAFT**

Transaction Confirmation

This Transaction Confirmation is delivered pursuant to and in accordance with a gas supply agreement ("Gas Supply

Agreement"), effective 6/8/2016, by and between Constellation NewEnergy-Gas Division, LLC ("Constellation") and

Wisconsin Department of Administration ("Customer"), and is subject to and made part of the terms and conditions of such Gas Supply Agreement.

Trade Date:

10/16/2020

Buyer:

Wisconsin Department of Administration

Seller:

Constellation NewEnergy - Gas Division, LLC (CNEGAS)

Facility Name:

Red Granite Correctional Institute Redgranite WI

State of WI University of Wisconsin Milwaukee WI

State of WI Correctional Institution Stanley WI

Milwaukee County Domes

State of WI Veterans Home Madison WI

Delivery Period:

1/1/2021 - 12/31/2021 (inclusive)

Nature of Obligation: Secondary Firm - "Secondary Firm" means deliveries and receipts will be on a best-efforts basis up to Customer's maximum daily quantity and performance may be interrupted without liability to the extent that one or more of the following conditions are present: (i)

Force Majeure; (ii) curtailment by the local distribution company owning and/or controlling and maintaining the distribution system required for delivery of gas to the Facility(ies) (the

"Utility"); (iii) curtailment of supply by a natural gas supplier; (iv) curtailment of storage by a storage provider; (v) curtailment of transportation by a gas gathering or pipeline company, or Utility (each a "Transporter"), transporting gas for CNEG or Customer downstream or upstream of the Delivery Point(s), including, but not limited to, transportation between secondary firm points; (vi) recall of transportation capacity release by its releaser; or (vii) curtailment of gas production behind a specific meter.

Deal Type:

Physical Basis

Contract Quantity/Price :

Year 2021

Contract Month Fixed Amount (MMBtu) Price

January 95,578.0 $0.15640

February 90,408.0 $0.15640

March 79,201.0 $0.15640

April 61,941.0 $0.15640

May 37,802.0 $0.15640

June 28,464.0 $0.15640

July 25,224.0 $0.15640

Account Manager: Ewerdt, Jeanette DEAL NO. 1215623

(262) 506-6649 1215624 jeanette.ewerdt@constellation.com 1215625

1215627

1215626

© 2018 Constellation Energy Resources, LLC. The offerings described herein are those of either Constellation NewEnergy-Gas Division, LLC or Constellation NewEnergy, Inc., affiliates of each other and ultimate subsidiaries of Exelon Corporation. Brand names and product names are trademarks or service marks of their respective holders. All rights reserved. Errors and omissions excepted.

Page 2 of 3 DEAL NO. 1215623/1215624/1215625/1215627/1215626

August 26,060.0 $0.15640

September 29,761.0 $0.15640

October 48,988.0 $0.15640

November 77,181.0 $0.15640

December 91,151.0 $0.15640

US$ Rounded to five decimal places Plus applicable taxes

Volume: 1 MMBtu=10 THERMS Price: Per MMBtu price / 10=per THERM price

The price referenced herein is inclusive of fuel to the delivery point.

The price referenced herein represents basis only and does not include any applicable commodity price. For the fixed quantities and Delivery Period shown herein, if Customer has not otherwise locked the commodity price for a specific month, the commodity price shall be the NYMEX last day settle price for that month.

Incremental Pricing: To be priced in accordance with the terms of the Managed Portfolio Service rider.

Pipeline: ANR, VIKING

Delivery Point(s): ADAMS WI, MILWAUKEE, CADOTT, MILWAUKEE, WAUPACA

Utility: WG

LDC Account No(s): 1851890126, 2625118847, 6495170375, 0245622673, 6851927598

Balancing Service: Constellation agrees to monitor and review all information provided to Constellation by Customer and Transporter regarding Customer's usage of gas. Based on such information, Constellation shall, on a continuous basis, select the appropriate quantities and shall make periodic nomination adjustments necessary to deliver the appropriate daily quantities required by Customer. Customer shall communicate to Constellation any changes in production schedules that would affect the predictability of gas consumption. If the action or inaction of either Party results in the Transporter imposing balancing charges, such Party shall indemnify the other Party for any balancing charges so imposed.

Operational Flow Orders : If either party receives an Operational Flow Order ("OFO") or any other usage or operating instructions or similar notice from a Transporting Pipeline, or Utility, requiring action to be taken in connection with the flow and/or consumption of natural gas pursuant to this Contract, or any Transaction(s), such Party will use commercially reasonable efforts to notify the other Party by phone, fax, and/or email of such event in a timely manner.

Each Party will take all actions required by the OFO within the time prescribed. OFO penalties, if any, that result because of actions or inactions of one Party, shall be paid by the non-performing Party. Both Parties agree that OFOs may require one or both Parties to buy or sell natural gas quantities in the then current market conditions, which may be appreciably higher or lower than the original pricing.

Seller's planned billing method for this facility is to bill Buyer based on: Actual Consumption

Default Service : To the extent the facility continues to receive gas from Constellation beyond the Delivery Period, all such gas will be priced in accordance with the terms of the Managed Portfolio Service rider.

(SIGNATURE BLOCKS FOLLOW ON NEXT PAGE)

© 2018 Constellation Energy Resources, LLC. The offerings described herein are those of either Constellation NewEnergy-Gas Division, LLC or Constellation NewEnergy, Inc., affiliates of each other and ultimate subsidiaries of Exelon Corporation. Brand names and product names are trademarks or service marks of their respective holders. All rights reserved. Errors and omissions excepted.

Page 3 of 3 DEAL NO. 1215623/1215624/1215625/1215627/1215626

This Transaction Confirmation documents an agreement previously reached by authorized representatives of the parties. Unless disputed by Customer in writing within two (2) business days of Constellation's execution date, or such other time frame as specified in the Gas Supply Agreement, it is binding and shall be deemed accepted.

Please return via the DocuSign E-Signature process or email to CNEGTransactionConfirmations@Constellation.com.

Constellation NewEnergy-Gas Division, LLC Wisconsin Department of Administration

By:

By:

*CustomerSignature1

Name: Nancy H. Fischer

Name: *CustomerSignerName1

Title: Vice President- Retail Ops

Title: *CustomerSignerTitle1

Date:

Date: *CustomerSignedDate1

Customer ID RG-62575/RG-152727/RG-57662/RG-42233765/RG-62632

Contract No. CNEG19718

Deal No. 1215623/1215624/1215625/1215627/1215626

10/29/2020 2:22:32 PM

mailto:CNEGTransactionConfirmations@Constellation.com

SpringCM Merge
RG-62575_Wisconsin Department of Administration_1215623.pdf

File details come from the government source that posted it. Updated .