TSP Name: Enable Gas Transmission, LLC
Transportation Service Provider(TSP): 87 267 0161
Award Number: 14222
Award of Capacity To Replacement Customer subject to Offer: 14222
Bid Number(Bid No): 1
Bidder Name(Bidder Name): MIDCON ENERGY MARKETING, LLC
Contract Holder (K Holder): 14 735 0552
Contract Holder Name (K Holder Name): OVINTIV MARKETING INC.
Contract Begin Date (K Beg Date): 10/1/2018
Contract End Date (K End Date): 9/30/2028
Contract Entitlement Begin Date/Time: 10/1/2018 9:00 AM
Contract Entitlement End Date/Time: 10/01/2028 8:59:59 AM
Status: 06
Service Requester Contract (Svc Req K): 1012817 ('Repl Sr K')
Posting Date: 5/27/2026 Receipt Date: 5/27/2026
Posting Time: 9:19 Central Time Zone Receipt Time: 9:16
Capacity Award Date(Cap Awd Date): 5/27/2026
Capacity Award Time(Cap Awd Time): 22:00
Seasonal Start Date: N/A Seasonal End Date: N/A
Bidder Proprietary Code (Bidder Prop): 746850 Bidder (Bidder): 144990664
MIDCON ENERGY MARKETING, LLC ('Replacement Shipper' or 'Shipper')
Contract Status Description (K Stat Desc): New
Amendment Reporting: All Data
Affiliate Indicator(Affil): None
Releaser: 147350552
Releaser Name (Releaser Name): OVINTIV MARKETING INC.
Releaser Contract Number: 1011022
Replacement Shipper Role Indicator (Repl SR Role Ind):
Other
Location/Quantity
Offer Bid Type Release Term Release Term
Number Number Indicator Start Date End Date Rate
(Offer No) (Bid No)(Loc/QTI) (Rel St Date)(Rel End Date) Awd Qty-K Sch
------- ------- ---------- ----------- ----------- ----------- -----
14222 1 3 6/1/2026 10/1/2028 205000 FT
9:00 a.m. 8:59 a.m.
Receipt Zone Or Pooling Area: WEST1
Delivery Zone Or Pooling Area: WEST2
Measurement Basis Description (Meas Basis Desc): Million BTU's
Rate Reporting Level: Contract
Market-Based Rate Indicator (Mkt Based Rate Ind):
Rate Form/Type Code Description (Rate Form/Type Desc):
Reservation charge only
Reservation Rate Basis Description (Res Rate Basis Desc): Per day
Maximum Tariff Rate Reference Description (Max Trf Rate Ref Desc): Tariff
Contractual Quantity - Contract: 205000
Disc Beg Date: 6/1/2026
Disc End Date: 9/30/2028
Reservation Award Rate Information:
Award Rate: 0000.2400
Maximum Tariff Rate:
Award Percentage of Maximum Tariff Rate:
Volumetric Award Rate Information:
Award Rate:
Maximum Tariff Rate:
Award Volumetric Max Rate Percentage:
Surcharge Indicator/Surcharge Indicator Description:
5 - Rate(s) stated include only rates; no surcharges applicable
Surcharge Identification Code:
Total Surcharges:
Overrun Responsibility Indicator (OVR Resp Ind): RPS
Negotiated Rate: No
Minimum Volumetric Commitment Quantity:
Minimum Volumetric Commitment Percentage:
Previously Released Indicator Description:
Offer does not contain any capacity which was previously released.
Allowable Re-release Indicator (All Re-rel): Y
Permanent Release Indicator Description:
Capacity is being permanently released
Prearranged Deal Indicator Description:
Offer is subject to a prearranged deal
Rate Identification Code:
Storage Inventory-Conditioned Release Indicator: No
IBR Index-Based Capacity Release Indicator (IBR Ind): N
Rate Charged - Non-IBR: 0.2400
Recall/Reput Indicator Description (Recall/Reput Desc):
Capacity not recallable
Recall/Reput Terms (Recall/Reput Terms):
Business Day Indicator:
Recall Notification Period Indicator - Early Evening:
Recall Notification Period Indicator - Evening:
Recall Notification Period Indicator - Intraday 1:
Recall Notification Period Indicator - Intraday 2:
Recall Notification Period Indicator - Intraday 3:
Recall Notification Period Indicator - Timely:
Recall Notification Email1:
Recall Notification Email2:
Replacement Shipper shall be responsible for providing updates to EGT of
such e-mail addresses, as necessary, and for notifying the Releasing Shipper
of such updates and EGT shall have no liability or responsibility for
Replacement Shipper's failure to provide updated recall information.
Updated recall notification information, including the effective date of
such new information, must be provided to EGT in writing or electronically
via the Internet as specified by EGT. EGT has no obligation to provide
notification until Replacement Shipper provides an Internet e-mail address
for that purpose.
Source Specific: Yes
Replacement Shipper May Use Only Listed Points: No
Primary Receipt and Delivery Points May Not Change: No
Restrict Secondary Points: No
Standard Terms: No
Special Terms and Miscellaneous Notes:
SEE BELOW
After Primary Term End Date, Agreement will continue year to year
thereafter and until terminated by written notice given by either
party to the other party at least one hundred and eighty (180) days
prior to the end of the primary term or any extended term thereafter.
Receipt Entitlement(s) (Dth/D): West 1 Pooling Area 205,000
Primary Receipt Point(s): Maximum Receipt Obligation (Dth/D)
Okarche Aggregate Point 160,000
(Meter No. 290506)
Markwest Arapaho Plant 30,000
(Meter No. 810010)
Markwest Buffalo Crk Pl 15,000
(Meter No. 730040)
Primary Delivery Point(s): Maximum Delivery Obligation (Dth/D)
EGT GLF Cross Bennington 120,000
(Meter No. 290482)
TGT PV Core Del 45,000
(Meter No. 801532)
TGT @ Helena, AR TG09303 40,000
(Meter No. 801530)
Term, Points and/or Rates: The term of the rates, and the Receipt
Point(s) and the Delivery Point(s) eligible for such rates are
are specified below.
Negotiated Rate
Description of Rate(s)/Points:
The rate which Transporter shall bill and Replacement Shipper
shall pay for services up to Contract Demand (as in effect on
the Effective Date hereof) shall be achieved by adjusting,
if required, Transporters then-effective applicable maximum
Tariff rates to a level which yields a unit rate
(Transmission Allowance), of $0.2528 per Dth, when calculated
on an assumed 100% load factor basis, based on Replacement
Shipper's Contract Demand and the average number of Days in
the Service Month during a calendar year regardless of the
quantity of gas transported. The applicable Maximum Commodity
Rate shall be paid for each Dth delivered hereunder.
The applicable Transmission Allowance shall not be subject to
refund or reduction if it exceeds the applicable maximum Tariff
rate. Replacement Shipper hereby elects to be billed on a levelized
basis to the extent Transporter so determines and such option is
available under the Tariff.
As described above, the Transmission Allowance includes
a Reservation Charge. Replacement Shipper shall pay the
Reservation Charge each Month based on the Dth of Contract
Demand specified in the Agreement, regardless of the quantity
of gas transported during the Service Month. The Reservation
Charge (expressed as a unit rate on an assumed 100% load
factor basis) will be calculated by subtracting the applicable
Maximum Commodity Rate from the applicable Transmission Allowance.
Notwithstanding anything to the contrary in this Agreement, if
Transporter revises the gas quality specifications contained
in Section 4 of the Tariff and: (a) gas tendered by Replacement
Shipper hereunder meets the gas quality specifications existing
as of March 8, 2017; (b) gas tendered by Replacement Shipper
fails to meet the revised gas quality specifications; and
(c) Transporter refuses to accept such gas tendered by Replacement
Shipper, then Transporter shall credit to Replacement Shipper an
amount equal to the applicable 100 percent load factor based unit
rate Reservation Charge multiplied by the volume of gas which
Transporter refuses to accept.
Replacement Shipper shall provide or pay and Transporter
shall retain or charge system Fuel Use and LUFG allowances
or charges (including the EPC surcharge), calculated pursuant
to Section 27 of the Tariff and set forth in the Statement
of Effective Rates and Charges for Transportation of Gas for
Rate Schedule FT service, as revised from time to time.
The Receipt Point(s) eligible for the rates specified
herein shall be those listed above and all other generally
available points and Pools, including EGT West Transfer
(Meter No. 290644).
The Delivery Point(s) eligible for the rates specified
herein shall be those listed above and all generally
available Secondary Delivery Points on Transporter's
system, including EGT NGPL Bryan (Meter No. 290483)
and EGT/MEP Bennington (Meter No. 302020).
If scheduled maintenance or other operational circumstances
adversely affect the availability of primary firm capacity
under the Agreement and Transporter notifies Replacement
Shipper of the availability of non-primary capacity to receive
and/or deliver other than at the points specified above, then
such optional non-primary points as designated by Transporter
shall be deemed eligible for the rates, quantities, and the period
specified in the notice. Transporter may make such notification
via e-mail, in writing or via Internet Web Site posting and the
document in which such notice appears shall be deemed to amend
this Agreement for the purposes hereof.
Term of Rate:
Begin Date(s): June 1, 2026
End Date(s): The end of the Day on September 30, 2028
Authorized Overrun: Unless Transporter agrees otherwise,
the rate for any authorized overrun quantities shall be the
greater of the maximum Tariff rate or the rate(s) described
above. Forty percent (40%) of the charges for Authorized
Overrun service paid by Replacement Shipper during the term
of this Agreement shall be credited to Replacement Shipper
on the invoice for the final month of service of the Primary
Term of this Agreement (AOR Credit) as long as, for any given
Day in which Authorized Overrun Charges were incurred, all the
receipts used on that Day were from the receipt points listed
above. The AOR Credit shall be first applied as an offset against
invoiced charges for service for the final month of service of
the Primary Term of this Agreement and will then be applied against
any remaining unpaid charges for service under this Agreement.
Transporter shall pay to Replacement Shipper the AOR Credit
remaining, if any, after such application.
In accordance with Section 21.1 of the GT&C of the Tariff,
the parties hereby agree that Replacement Shipper shall have
a contractual "right of first refusal" ("ROFR") which will
provide to it the same rights and obligations regarding
extending service under the Agreement as to reserved capacity
on Transporter's system beyond the termination or expiration
date as would be available to Shippers eligible to invoke
the provisions of Section 21 of the GT&C of the Tariff,
as on file and in effect from time to time.
This Agreement is subject to the collateral or credit
provisions as follows:
Replacement Shipper's Credit Support Obligation.
Replacement Shipper shall maintain creditworthiness consistent
with the terms below throughout the term of this Transportation
Service Agreement. Replacement Shipper must demonstrate
creditworthiness as provided below or shall undertake other
actions as provided below to provide required credit support.
Credit Support
Definitions. The following definitions will apply:
"Adequate Assurance of Performance" means sufficient security
in the form, amount, for a term, and from an issuer, all as
reasonably acceptable to EGT, including, but not limited to a
cash security deposit or a standby irrevocable letter of credit.
"Creditworthy" or "Creditworthiness" means maintaining a
Minimum Credit Rating or, in the alternative, notwithstanding
the failure to meet or maintain a Minimum Credit Rating,
if EGT determines that the financial position of Replacement
Shipper or its Guarantor is and remains reasonably acceptable
to EGT, as determined in accordance with the criteria
set forth below, during the term of this Agreement.
"Guarantor" means Replacement Shipper.
"Minimum Credit Rating" means a long-term senior unsecured
debt rating from either (1) Moody's or an applicable successor
agency of Baa3 or higher, or (2) S&P or an applicable successor
agency of BBB- or higher.
"Moody's" means Moody's Investors Service, Inc. or any
successor thereto.
"S&P" means Standard & Poor's Financial Services LLC
or any successor thereto.
If Replacement Shipper is not Creditworthy, Replacement
Shipper's Guarantor must provide a guaranty in a form
acceptable to Enable upon the Effective Date in the amount
to be determined, provided, if Replacement Shipper later
becomes Creditworthy, any guaranty provided hereunder shall
terminate immediately and have no further force or effect and
Transporter shall return such guaranty to Guarantor; provided
further that, if Replacement Shipper fails to maintain
Creditworthiness, the guaranty provided for hereunder shall
be reinstated immediately. This maximum guarantee amount
shall be adjusted downward as necessary such that at any
time the maximum guarantee amount shall not exceed the total
demand charges remaining under the primary term and any
extension term of this Agreement.
Adequate Assurance. If Guarantor, beginning on the
Effective Date, at any time fails to maintain Creditworthiness,
EGT may demand Adequate Assurance of Performance in an amount
equal to the lesser of: (i) an amount to be determined; or
(ii) all of the reservation charges that will be payable during
the remaining term of this Agreement. If Transporter demands
Adequate Assurance of Performance, Replacement Shipper shall
provide Adequate Assurance of Performance within five (5)
business days after receipt of a written demand from Transporter.
Default. If Replacement Shipper fails to provide Adequate
Assurance of Performance as and when due at any time after
the commencement of service under this Agreement, Transporter
shall have the right, at its sole election, to terminate or
suspend this Agreement in accordance with the provisions of
Transporter's FERC Gas Tariff in addition to any other remedies
Transporter may have under this Transportation Service Agreement,
Transporter's FERC Gas Tariff, at law or in equity.
Security Interest. Replacement Shipper hereby grants to
Transporter a continuing first priority security interest in,
lien on, and right of setoff against all Adequate Assurance of
Performance in the form of cash transferred by Replacement Shipper
to Transporter. Upon the return by Transporter to Replacement
Shipper of such Adequate Assurance of Performance, the security
interest and lien granted hereunder on that Adequate Assurance
of Performance shall be released automatically and, to the extent
possible, without any further action by either party.
Return of Adequate Assurance. If Replacement Shipper provides
Adequate Assurance of Performance, and if Replacement Shipper
or Guarantor subsequently achieves Creditworthiness, then Replacement
Shipper will no longer be required to provide Adequate Assurance of
Performance for so long as Guarantor maintains Creditworthiness.
In such event, if Replacement Shipper has provided Adequate Assurance
of Performance in the form of cash, Transporter shall return
such Adequate Assurance of Performance to Replacement Shipper
within five (5) business days after receipt of a written demand
from Replacement Shipper.
Transporter Tariff Obligation. These provisions shall be in
addition to, and not in lieu of, any requirements under
Transporter's FERC Gas Tariff.
Determination of Reasonably Acceptable Financial Position
The financial position of Replacement Shipper shall be deemed
to be reasonably acceptable to Transporter as long as each of
the following criteria is satisfied with respect to Replacement
Shipper and Replacement Shipper's ultimate parent company
("Parent"), as of such time:
(a) Parent shall have provided and maintained a guaranty in a form
acceptable to Transporter in the amount set forth above.
(b) Parent shall maintain a long-term senior unsecured debt rating
from either (1) Moody's Investors Services, Inc. or an applicable
successor agency of Ba3 or higher, or (2) Standard & Poor's Financial
Services, LLC or any applicable successor agency of BB- or higher.
Governing Law
GOVERNING LAW, JURISDICTION AND VENUE: THE INTERPRETATION
AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN ACCORDANCE
WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TEXAS
WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS.
BOTH PARTIES HEREBY IRREVOCABLY CONSENT TO THE PERSONAL
JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS
OF HARRIS COUNTY, TEXAS.
Award Location Level Rates and Quantity Information
Location/Quantity Type Indicator Description:
Receipt point(s) to delivery point(s) quantity
Location Purpose: MQ
Location Purpose Description: Delivery Location
Offer Number Bid Number Quantity Segment
(Offer No) (Bid No) Basis Awd Qty-Loc Indicator
------- ------- --------- ----------- ---------
14222 1 Dth/d 40000
Location (Loc): 290506
Location Name (Loc Name): OKARCHE AGGREGATE POINT
Location OBA Indicator(Loc OBA): No
Location Zone: W
Location (Loc): 801530
Location Name (Loc Name): TGT @ HELENA DEL
Location OBA Indicator(Loc OBA): Yes
Location Zone: N
Rate Form/Type Code Description (Rate Form/Type Desc):
Reservation charge only
Releaser Designation of Acceptable Bidding Basis Description:
Non-Index-Based Release - Absolute dollars and cents per unit basis
Reservation Award Rate Information:
Award Rate: 0000.2400
Volumetric Award Rate Information:
Award Rate:
Award Volumetric Rate Pct:
Maximum Reservation Rate:
Award Reservation Rate Pct:
Maximum Volumetric Rate:
Award Location Level Rates and Quantity Information
Location/Quantity Type Indicator Description:
Receipt point(s) to delivery point(s) quantity
Location Purpose: MQ
Location Purpose Description: Delivery Location
Offer Number Bid Number Quantity Segment
(Offer No) (Bid No) Basis Awd Qty-Loc Indicator
------- ------- --------- ----------- ---------
14222 1 Dth/d 120000
Location (Loc): 290506
Location Name (Loc Name): OKARCHE AGGREGATE POINT
Location OBA Indicator(Loc OBA): No
Location Zone: W
Location (Loc): 290482
Location Name (Loc Name): EGT GLF CROSS BENNINGTN
Location OBA Indicator(Loc OBA): No
Location Zone: E
Rate Form/Type Code Description (Rate Form/Type Desc):
Reservation charge only
Releaser Designation of Acceptable Bidding Basis Description:
Non-Index-Based Release - Absolute dollars and cents per unit basis
Reservation Award Rate Information:
Award Rate: 0000.2400
Volumetric Award Rate Information:
Award Rate:
Award Volumetric Rate Pct:
Maximum Reservation Rate:
Award Reservation Rate Pct:
Maximum Volumetric Rate:
Award Location Level Rates and Quantity Information
Location/Quantity Type Indicator Description:
Receipt point(s) to delivery point(s) quantity
Location Purpose: MQ
Location Purpose Description: Delivery Location
Offer Number Bid Number Quantity Segment
(Offer No) (Bid No) Basis Awd Qty-Loc Indicator
------- ------- --------- ----------- ---------
14222 1 Dth/d 15000
Location (Loc): 730040
Location Name (Loc Name): MARKWEST BUFFALO CRK PL
Location OBA Indicator(Loc OBA): Yes
Location Zone: W
Location (Loc): 801532
Location Name (Loc Name): TGT PV CORE DEL
Location OBA Indicator(Loc OBA): Yes
Location Zone: S
Rate Form/Type Code Description (Rate Form/Type Desc):
Reservation charge only
Releaser Designation of Acceptable Bidding Basis Description:
Non-Index-Based Release - Absolute dollars and cents per unit basis
Reservation Award Rate Information:
Award Rate: 0000.2400
Volumetric Award Rate Information:
Award Rate:
Award Volumetric Rate Pct:
Maximum Reservation Rate:
Award Reservation Rate Pct:
Maximum Volumetric Rate:
Award Location Level Rates and Quantity Information
Location/Quantity Type Indicator Description:
Receipt point(s) to delivery point(s) quantity
Location Purpose: MQ
Location Purpose Description: Delivery Location
Offer Number Bid Number Quantity Segment
(Offer No) (Bid No) Basis Awd Qty-Loc Indicator
------- ------- --------- ----------- ---------
14222 1 Dth/d 30000
Location (Loc): 810010
Location Name (Loc Name): MARKWEST ARAPAHO PLANT
Location OBA Indicator(Loc OBA): Yes
Location Zone: W
Location (Loc): 801532
Location Name (Loc Name): TGT PV CORE DEL
Location OBA Indicator(Loc OBA): Yes
Location Zone: S
Rate Form/Type Code Description (Rate Form/Type Desc):
Reservation charge only
Releaser Designation of Acceptable Bidding Basis Description:
Non-Index-Based Release - Absolute dollars and cents per unit basis
Reservation Award Rate Information:
Award Rate: 0000.2400
Volumetric Award Rate Information:
Award Rate:
Award Volumetric Rate Pct:
Maximum Reservation Rate:
Award Reservation Rate Pct:
Maximum Volumetric Rate:
The terms and conditions reflected in this award shall be incorporated
into and made a part of a Service Agreement in the form for the
appropriate Rate Schedule as specified in this posting. The language
applicable to transactions for rates other than maximum in the Form Of
Service Agreement shall not apply unless this award specifically provides.
The form Service Agreements are located on Transporter's web site at
Transportation Service Agreement
The award terms and conditions, together with the Service Agreement
described below, shall constitute the terms and conditions of service
for the release.
The Replacement Shipper's Receipt Entitlement(s) (Section 3 of TSA) shall
be the sum of the Award Quantities for each Zone. The Replacement
Shipper's MRO quantities, if any, (Section 3 of TSA) will be the Award
Quantities for each Receipt Point under the Award Type 'Receipt Point(s)
to Delivery Point(s) Quantity.' Unless this award specifies that it is
such type, the Replacement Shipper's Receipt Point options are all
generally available Additional Individual Receipt Points and Pools within
the applicable Pooling Area and Transporter has no obligation to permit
Replacement Shipper to utilize any such Point of Receipt or to receive
any specific quantities on Replacement Shipper's behalf at such point.
The Replacement Shipper's Receipt Quantities (Section 3 of TSA) will be
the Award Quantities for each Receipt Zone shown on the Award.
For purposes of the form Service Agreement, the award terms shown below
shall have the following meanings: 'Contract Begin Date' shall mean
Effective Date; 'Contract End Date' shall mean Primary Term End Date;
Contract Quantity shall mean Contract Demand (Rate Schedules FT and EFT),
Contract Delivery Demand (Rate Schedule NNTS), Maximum Storage Quantity,
Maximum Injection Quantity, Maximum Deliverability Quantity (Rate Schedule
FSS) or Maximum Daily Withdrawal Quantity, Maximum Seasonal Withdrawal
Quantity (Rate Schedule RSS), as applicable.