TC -Area11- UW Superior.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 is a Transaction Confirmation for natural gas supply services executed under a gas supply agreement between Constellation NewEnergy-Gas Division, LLC (seller) and the Wisconsin Department of Administration (buyer). The confirmation, dated November 3, 2021, references an underlying gas supply agreement effective June 8, 2016, and establishes natural gas delivery terms for the University of Wisconsin Superior facility through Deal No. 1433037.

The contract covers natural gas delivery for the period January 1, 2022, through December 31, 2022, with monthly fixed quantities totaling 131,416 MMBtu for the year at a fixed price of $0.81110 per MMBtu. The monthly quantities vary seasonally, ranging from 1,185 MMBtu in July to 19,593 MMBtu in January, reflecting typical heating demand patterns. The service is classified as "Secondary Firm," meaning deliveries are on a commercially reasonable efforts basis but may be interrupted under certain conditions including force majeure or utility curtailments. Gas will be delivered via the NNG pipeline system directly to the University of Wisconsin Superior facility under LDC Account No. 29306, with billing based on actual consumption. The pricing represents basis charges only, with commodity costs determined by NYMEX last day settle prices for each delivery month.

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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. 1433037

**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:

University of Wisconsin Superior

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 19,593.0 $0.81110

February 17,686.0 $0.81110

March 15,316.0 $0.81110

April 12,186.0 $0.81110

May 8,173.0 $0.81110

June 4,570.0 $0.81110

July 1,185.0 $0.81110

August 3,258.0 $0.81110

September 5,161.0 $0.81110

October 10,835.0 $0.81110

November 15,391.0 $0.81110

December 18,062.0 $0.81110

US$ Rounded to five decimal places Plus applicable taxes

Account Manager: Rodenburg, Deanna L DEAL NO. 1433037

(667) 313-5145 deanna.rodenburg@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. 1433037

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): UNIVERSITY OF WISCONSIN-SUPERIOR

Utility: DIRECT

LDC Account No(s): 29306

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

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 : To the extent the facility continues to receive gas from Constellation beyond the Delivery Period, all such gas will be considered month to month purchases and will be priced at the market price as determined by

Constellation.

(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. 1433037

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-43288090

Contract No. CNEG19718

Deal No. 1433037

11/4/2021 10:54:44 AM

David Bender

Enterprise Contract Officer

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

SpringCM Merge
RG-43288090_Wisconsin Department of Administration_1433037.pdf

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