Area 9 Xcel NN.pdf

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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 for natural gas supply executed under Deal No. 1214457 between Constellation NewEnergy-Gas Division, LLC as the seller and the State of Wisconsin as the buyer. The agreement references an underlying gas supply agreement effective June 17, 2016, and this specific transaction was executed on October 8, 2020, by Nancy H. Fischer, Vice President-Retail Operations for Constellation. The gas delivery is designated for the University of Wisconsin La Crosse facility.

The contract covers natural gas supply for the 2021 calendar year with a total volume of 300,266 MMBtu distributed across all twelve months, with quantities ranging from 13,280 MMBtu in June to 45,505 MMBtu in January. The fixed price is $0.56930 per MMBtu for all months, plus applicable taxes. The gas will be delivered on a Secondary Firm basis, meaning deliveries are best-efforts and may be interrupted under various conditions including force majeure or utility curtailments. The delivery point is specified as ZONE EF NSP through the NNG pipeline system, with NSP-WI as the utility and LDC Account No. 302579921. The agreement includes provisions for incremental pricing at current market rates for quantities exceeding the fixed amounts and establishes evergreen pricing for potential service extensions beyond the contract term.

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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. 1214457

**DRAFT**

Transaction Confirmation

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

Agreement"), effective 6/17/2016, by and between Constellation NewEnergy-Gas Division, LLC ("Constellation") and State of Wisconsin ("Customer"), and is subject to and made part of the terms and conditions of such Gas

Supply Agreement.

Trade Date:

10/8/2020

Buyer:

State of Wisconsin

Seller:

Constellation NewEnergy - Gas Division, LLC (CNEGAS)

Facility Name:

State of WI - University of WI La Crosse

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 45,505.0 $0.56930

February 36,681.0 $0.56930

March 28,892.0 $0.56930

April 22,932.0 $0.56930

May 15,699.0 $0.56930

June 13,280.0 $0.56930

July 14,567.0 $0.56930

August 15,146.0 $0.56930

September 15,294.0 $0.56930

October 22,475.0 $0.56930

November 29,470.0 $0.56930

December 40,325.0 $0.56930

US$ Rounded to five decimal places Plus applicable taxes

Account Manager: Sherron, Lori DEAL NO. 1214457

(667) 313-1941 lori.sherron@constellation.com

© 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. 1214457

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: For all additional quantities required by Customer, in excess of the fixed quantities listed herein in combination with any other nominated quantities, or for gas quantities bought back from Customer by Constellation due to Customer’s requirements being less than the total nominated volumes each month, the price for such additional purchases or buybacks shall be based on the then current market price, as determined by Constellation in its reasonable discretion.

If Constellation and Customer have previously entered into any commodity transaction(s) for the Facility (the "Previous

Transaction") that overlap one or more of the delivery months covered in this Transaction Confirmation (the

"Overlapping Month(s)"), the incremental gas pricing in this Transaction Confirmation shall apply to the Overlapping Months instead of any conflicting incremental gas pricing associated with the Previous Transaction.

Pipeline: NNG

Delivery Point(s): ZONE EF NSP

Utility: NSP-WI

LDC Account No(s): 302579921

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

Default Service : Should Constellation continue to deliver to Customer beyond the term of this Transaction

Confirmation, said deliveries will be made for successive 1 month terms (each an "Extension Term"), until terminated by either party by giving written notice of termination not less than 30 days prior to the expiration of the then -current Extension Term. Each month, the default price (the "Evergreen Price") will equal the applicable published index, plus transportation, fuel and any other charges associated with the delivery of gas to the Delivery Point. Unless otherwise provided by Customer, Constellation will determine Customer's monthly nomination in a commercially reasonable manner based upon Customer's historical usage data.

(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. 1214457

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 State of Wisconsin

By:

By:

*CustomerSignature1

Name: Nancy H. Fischer

Name: *CustomerSignerName1

Title: Vice President- Retail Ops

Title: *CustomerSignerTitle1

Date:

Date: *CustomerSignedDate1

Customer ID RG-152672 Contract No. CESNG19348

Deal No. 1214457

10/9/2020 6:59:54 AM

mailto:CNEGTransactionConfirmations@Constellation.com

SpringCM Merge
RG-152672_State of Wisconsin_1214457.pdf

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