TSP Name: ENABLE GAS TRANSMISSION, LLC
TSP: 87-267-0161
Amend Rptg Desc: All Data
Svc Req K: 1012817
K Holder Name: MIDCON ENERGY MARKETING, LLC
K Holder: 144 99 0664
Affil Desc: NONE
Tracking No: 0053220
K Stat: A Post Date: 5/29/2026 Post Time: 1420081
K Qty-K: 205000 Contract Duration Contract Entitlement
IT Qty-K: 0 K Beg Date K End Date K Ent Beg Date K Ent Beg Time
K Roll: Y 6/1/2026 9/30/2028 6/1/2026 0900000
Min Vol Qty - Non-Cap Rel: K Ent End Date K Ent End Time
Min Vol Pct - Non-Cap Rel: 0.00 10/1/2028 0859000
Cap Type Name: Primary Transaction Term Begin Date Transaction Term End Date:
6/1/2026 9/30/2028
Loc Purp
Loc Zn Loc Loc Name Desc
------- ------ ------------------------- -----------------------------------------------------------------
West 1 290506 OKARCHE AGGREGATE POINT Receipt Location
Loc K Max Press: Loc K Min Press:
K Qty - Loc: 160000 It Qty - Loc:
West 1 810010 MARKWEST ARAPAHO PLANT Receipt Location
Loc K Max Press: Loc K Min Press:
K Qty - Loc: 30000 It Qty - Loc:
West 1 730040 MARKWEST BUFFALO CRK PL Receipt Location
Loc K Max Press: Loc K Min Press:
K Qty - Loc: 15000 It Qty - Loc:
West 2 290482 EGT GLF CROSS BENNINGTN Delivery Location
Loc K Max Press: Loc K Min Press:
K Qty - Loc: 120000 It Qty - Loc:
South 801532 TGT PV CORE DEL Delivery Location
Loc K Max Press: Loc K Min Press:
K Qty - Loc: 45000 It Qty - Loc:
North 801530 TGT @ HELENA DEL Delivery Location
Loc K Max Press: Loc K Min Press:
K Qty - Loc: 40000 It Qty - Loc:
Rate Sch: FT
Seasnl St: 0/0/0
Seasnl End: 0/0/0
Rpt Lvl Desc: Point
Res Rate Basis Desc: Per Day
Rate Form/Type Desc: Blended Rate(combination of reservation and volumetric charges)
Rate
Rate Chgd Max Trf Max Trf Rate Ngtd Rate Mkt Based
Chgd Ref Rate Ref Desc Ind Desc Rate Ind Disc Beg Date Disc End Date
--------- --- ------- -------------- --------- --------- ------------- -------------
00.252800 SPT 0.2528 Tariff Yes N
Loc/QTI Desc: Receipt point(s) to delivery point(s) quantity
Rate ID: 141
Surchg ID Desc: Compressor Usage Surcharge
Surchg Ind Desc:
Rate(s) stated do not include any applicable surcharges; surcharge detail and surcharge total provided
Tot Surchg: 0.00410
Cap Type Name: Secondary Transaction Term Begin Date Transaction Term End Date:
6/1/2026 9/30/2028
Loc Purp
Loc Zn Loc Loc Name Desc
------- ------ ------------------------- -----------------------------------------------------------------
West 1 290506 OKARCHE AGGREGATE POINT Receipt Location
West 2 290482 EGT GLF CROSS BENNINGTN Delivery Location
Loc K Max Press: Loc K Min Press:
K Qty - Loc: It Qty - Loc:
West 1 810010 MARKWEST ARAPAHO PLANT Receipt Location
South 801532 TGT PV CORE DEL Delivery Location
Loc K Max Press: Loc K Min Press:
K Qty - Loc: It Qty - Loc:
West 1 730040 MARKWEST BUFFALO CRK PL Receipt Location
North 801530 TGT @ HELENA DEL Delivery Location
Loc K Max Press: Loc K Min Press:
K Qty - Loc: It Qty - Loc:
West 1 290644 EGT WEST TRANSFER Receipt Location
West 2 290483 EGT NGPL BRYAN Delivery Location
Loc K Max Press: Loc K Min Press:
K Qty - Loc: It Qty - Loc:
West 2 302020 EGT/MEP BENNINGTON Delivery Location
Loc K Max Press: Loc K Min Press:
K Qty - Loc: It Qty - Loc:
Rate Sch: FT
Seasnl St: 0/0/0
Seasnl End: 0/0/0
Rpt Lvl Desc: Point
Res Rate Basis Desc: Per Day
Rate Form/Type Desc: Blended Rate(combination of reservation and volumetric charges)
Rate
Rate Chgd Max Trf Max Trf Rate Ngtd Rate Mkt Based
Chgd Ref Rate Ref Desc Ind Desc Rate Ind Disc Beg Date Disc End Date
--------- --- ------- -------------- --------- --------- ------------- -------------
00.252800 SPT 0.2528 Tariff Yes N
Loc/QTI Desc: Receipt point(s) to delivery point(s) quantity
Rate ID: 141
Surchg ID Desc: Compressor Usage Surcharge
Surchg Ind Desc:
Rate(s) stated do not include any applicable surcharges; surcharge detail and surcharge total provided
Tot Surchg: 0.00410
Terms/Notes:
Max Trf Rate and Rate Chgd expressed as blended rates
derived by adding the Commodity Charge and the unitized
Reservation Charge, calculated on an assumed 100% load factor
basis based on K Holder's K Qty-K, unless otherwise stated.
K Holder pays Reservation Charge regardless of quantities
transported.
Subject to receipt of necessary FERC approvals.
After Contract Duration/Entitlement End Date, transaction continues
year-to-year unless and until terminated by written notice given by
either party to the other party at least 180 days prior to the end of
the primary term or any extended term thereafter.
Levelized billing option elected to extent Tariff provides.
Compressor Usage Surcharge (CUS), if applicable, is subject to change
semi-annually and/or subject to FERC approval.
The rate which Transporter shall bill and Shipper shall
pay under the Agreement for services up to Contract Demand
(as in effect on the Effective Date hereof) shall be
achieved by adjusting, if required, Transporter's
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 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. 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. 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 Shipper
hereunder meets the gas quality specifications existing as of
March 8, 2017; (b) gas tendered by Shipper fails to meet the
revised gas quality specifications; and (c) Transporter refuses
to accept such gas tendered by Shipper, then Transporter shall
credit to 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.
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.
Shipper shall receive reservation charge credits in
accordance with Section 18, GT&C, of the Tariff.
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 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 Shipper during the term of this
Agreement shall be credited to 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 primary 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
Shipper the AOR Credit remaining, if any, after such application.
This Agreement amends and restates Transportation
Service Agreement No. 1012817 which was formed by
a permanent capacity release (posted on May 27, 2026,
Parcel No. 14222). The amendment and restatement
shall be effective contemporaneously with the effective
date of the release, June 1, 2026.
The rights of Shipper hereunder are predicated upon
the release of capacity, pursuant to the Commission
Order Granting Waivers issued on April 6, 2026,
and at the rates and terms and conditions described
in the award of such capacity. (Permanent Release of
Capacity by Ovintiv Marketing Inc. under its Service
Agreement No. 1011022, dated June 1, 2026, Parcel No. 14222,
as subsequently amended herein.)
In accordance with Section 21.1 of the GT&C of the Tariff,
the parties hereby agree that 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:
1. Credit Support
(a) 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 Shipper
or its Guarantor is and remains reasonably acceptable to EGT,
as determined in accordance with the criteria set for below,
during the term of this Agreement.
"Guarantor" means MidCon Energy Marketing, LLC.
"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' means Moodys Investors Service, Inc. or any successor
thereto.
"S&P" means S&P Global Market Intelligence LLC or any successor
thereto.
(b) If Shipper is not Creditworthy, Shipper's Guarantor must
provide a guaranty in a form acceptable to Enable upon
the Effective Date in the amount of Shipper's full
contractual obligation, provided, if 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 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.
(c) 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) $6,000,000.00; 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, Shipper shall
provide Adequate Assurance of Performance within
five (5) business days after receipt of a written
demand from Transporter.
(d) Default. If 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.
(e) Security Interest. 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 Shipper to Transporter.
Upon the return by Transporter to 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.
(f) Return of Adequate Assurance. If Shipper provides
Adequate Assurance of Performance, and if Shipper
or Guarantor subsequently achieves Creditworthiness,
then Shipper will no longer be required to provide
Adequate Assurance of Performance for so long as
Guarantor maintains Creditworthiness. In such event,
if Shipper has provided Adequate Assurance of
Performance in the form of cash, Transporter shall
return such Adequate Assurance of Performance to
Shipper within five (5) business days after receipt
of a written demand from Shipper.
(g) Transporter Tariff Obligation. These provisions shall
be in addition to, and not in lieu of, any requirements
under Transporter's FERC Gas Tariff.
2. Determination of Reasonably Acceptable Financial Position
The financial position of Shipper shall be deemed to be
reasonably acceptable to Transporter as long as each of
the following criteria is satisfied with respect to
MidCon Energy Marketing, LLC, a Delaware limited liability
company and 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 Baa3 or higher, or
(2) S&P Global Market Intelligence LLC or any applicable
successor agency of BBB- or higher.
3. 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.