TC -Area 10- UW Eau Claie, Stout, NWC.pdf

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Attached to
Natural gas Gas Supply & Management Non - Firm
Contract number
505ENT-M22-NATURAL GAS WI-00
Issued by
Wisconsin

About this file

This document is a Transaction Confirmation for natural gas supply services executed between Constellation NewEnergy-Gas Division, LLC (seller) and the Wisconsin Department of Administration (buyer). The confirmation is delivered pursuant to a Gas Supply Agreement effective June 8, 2016, and covers three Wisconsin state facilities: UW Stout, UW Eau Claire, and Northern Wisconsin Center. The transaction was executed on November 3, 2021, with signatures from Nancy H. Fischer (Vice President-Retail Ops) for Constellation and David Bender (Enterprise Contract Officer) for Wisconsin DOA.

The contract covers natural gas delivery for the entire 2022 calendar year (January 1 - December 31, 2022) with a total annual volume of 464,003 MMBtu at a fixed price of $0.01210 per MMBtu. Monthly quantities range from 12,591 MMBtu in June to 71,612 MMBtu in January, reflecting seasonal heating demands. The service is classified as "Secondary Firm" delivery through the VIKING pipeline system to delivery points in Menomonie, Chippewa Falls, and Eau Claire, served by NSP-WI utility. The pricing represents basis only and excludes commodity costs, which will be determined by NYMEX last day settle prices if not separately locked by the customer. Additional quantities beyond contracted volumes will be priced at current market rates as determined by Constellation.

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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. 1432938_1432941_1432957

**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:

11/3/2021

Buyer:

Wisconsin Department of Administration

Seller:

Constellation NewEnergy - Gas Division, LLC (CNEGAS)

Facility Name:

State of WI - UW Stout

State of WI - UW Eau Claire

State of WI - Northern Wisconsin Center

Delivery Period:

1/1/2022 - 12/31/2022 (inclusive)

Nature of Obligation: Secondary Firm - "Secondary Firm" means deliveries and receipts will be on a commercially reasonable 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 2022

Contract Month Fixed Amount (MMBtu) Price

January 71,612.0 $0.01210

February 69,556.0 $0.01210

March 48,770.0 $0.01210

April 36,148.0 $0.01210

May 17,069.0 $0.01210

June 12,591.0 $0.01210

July 13,142.0 $0.01210

August 15,483.0 $0.01210

September 20,090.0 $0.01210

October 40,470.0 $0.01210

November 54,068.0 $0.01210

December 65,004.0 $0.01210

Account Manager: Fink, Logan DEAL NO. 1432938_1432941_1432957

(920) 617-6117 logan.fink@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. 1432938_1432941_1432957

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: 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: VIKING

Delivery Point(s): MENOMONIE, CHIPPEWA FALLS, EAU CLAIRE

Utility: NSP-WI

LDC Account No(s): 303498986, 303787093, 302266256

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

Change In Law: Constellation may pass through or allocate, as the case may be, to Customer any increase or decrease in Constellation’s costs related to the natural gas and related products and services sold to Customer that results from the implementation of new, or changes (including changes to transportation rates) to existing, Laws, or other requirements or changes in administration or interpretation of Laws or other requirements. “Law” means any law, rule, regulation, ordinance, statute, judicial decision, administrative order, pipeline or utility business practices or protocol, pipeline or utility tariff, or rule of any commission or agency with federal jurisdiction or jurisdiction in the state in which the facility is located. Such adjusted amounts will be included in subsequent invoices to Customer.

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. The price for gas delivered during the Extension Term(s) will be based on market prices as determined by Constellation. 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. 1432938_1432941_1432957

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-43407379

Contract No. CNEG19718

Deal No. 1432938_1432941_1432957

11/5/2021 7:38:14 AM

David Bender

Enterprise Contract Officer

11/08/2021 mailto:CNEGTransactionConfirmations@Constellation.com

SpringCM Merge
RG-43407379_RG-43407370_43407374_Wisconsin Department of Administration_1432938.pdf

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