September 29, Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426

Transcription

1 Texas Eastern Transmission, LP Mailing Address: 5400 Westheimer Court P.O. Box 1642 Houston, Texas Houston, TX main September 29, 2017 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC Re: Texas Eastern Transmission, LP, Docket No. RP Lebanon Extension Project, Docket Nos. CP , CP Negotiated Rate Agreements Dear Ms. Bose: Pursuant to Section 4 of the Natural Gas Act 1 and Section of the regulations of the Federal Energy Regulatory Commission ( Commission ) promulgated thereunder, 2 and pursuant to Paragraph 33 and Ordering Paragraph (I) of the Order Issuing Certificate and Approving Abandonment issued on December 21, 2016 by the Commission in Docket Nos. CP and CP , 3 Texas Eastern Transmission, LP ( Texas Eastern ) hereby submits for filing as part of its FERC Gas Tariff, Statements of Negotiated Rates ( Statements of Negotiated Rates ), the tariff records listed in Appendix A to be effective on November 1, STATEMENT OF NATURE, REASONS AND BASIS The Certificate Order granted authorization for Texas Eastern to construct, own, and operate the Access South, Adair Southwest, and Lebanon Extension Projects. The Lebanon Extension Project will enable Texas Eastern to provide 102,000 dekatherms per day of firm transportation service to delivery points in Market Zone M2 near Lebanon, Ohio. Texas Eastern has entered into service agreements for firm transportation service with Gulfport Energy Corporation ( Gulfport ) and the City of Hamilton, Ohio ( City of Hamilton ) on the Lebanon Extension Project that will become effective on November 1, Texas Eastern is submitting tariff records pursuant to Section 29 of the General Terms and Conditions of its FERC Gas Tariff, Eighth Revised Volume No. 1, in order to reflect negotiated rate transactions that it has entered into with Gulfport and City of Hamilton for firm transportation service under Rate Schedule FT-1. The tariff records filed herein (see Appendix A) identify and describe the applicable negotiated rate transactions, including the exact legal names of the shippers, the negotiated rates, the rate schedules, the contract terms, and the contract quantities, and footnotes where necessary to provide further details of the negotiated rate transactions reflected herein U.S.C. 717c (2012). 18 C.F.R (2017). Texas Eastern Transmission, LP, 157 FERC 61,223 (2016) ( Certificate Order ).

2 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission September 29, 2017 Page 2 Texas Eastern has executed one-page letter agreements with Gulfport and City of Hamilton, attached hereto as Appendix B, which have the sole purpose of indicating the parties agreement to the negotiated rate provisions on the pro forma Statements of Negotiated Rates attached to the letter agreements. The substantive provisions of the pro forma Statements of Negotiated Rates attached to the letter agreements are identical to the provisions in the negotiated rate agreements with Gulfport and City of Hamilton in all respects. PROPOSED EFFECTIVE DATE Texas Eastern proposes that the tariff records filed herein become effective on November 1, Texas Eastern respectfully requests any waivers that may be required for the Commission to accept the tariff records filed herein to become effective as proposed. IMPLEMENTATION Pursuant to Section 154.7(a)(9) of the Commission s regulations, 18 C.F.R (a)(9), Texas Eastern files this motion to place the revised tariff records filed herein into effect at the expiration of any suspension period set by the Commission, provided that the tariff changes are approved as filed and without condition. In the event the tariff records filed herewith are not approved as filed and without condition, Texas Eastern reserves the right to file a motion at a later date to place such tariff records into effect. COMPLIANCE WITH REGULATIONS In compliance with Section 154.4(c) of the Commission s regulations, 18 C.F.R (c), all contents of this filing are being submitted as part of an XML filing package in conformance with the Secretary of the Commission s instructions. In compliance with Section (a) of the Commission s regulations, 18 C.F.R (a), marked versions of the proposed tariff records showing additions to and deletions from the currently effective tariff records are attached. Copies of this filing are being posted in accordance with Section of the Commission's regulations, 18 C.F.R In accordance with Section of the Commission's regulations, 18 C.F.R , copies of this filing are being served electronically on Texas Eastern s customers and interested state commissions. A paper copy of this filing may only be served if a customer or state commission has been granted a waiver of electronic service pursuant to Part 390 of the Commission s regulations, 18 C.F.R. Pt. 390.

3 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission September 29, 2017 Page 3 CORRESPONDENCE AND COMMUNICATION All correspondence and communications regarding this filing should be addressed to the following: * Janice K. Devers, Director, Tariffs Texas Eastern Transmission, LP P. O. Box 1642 Houston, TX Phone: (713) janice.devers@enbridge.com and * Steven E. Hellman, Associate General Counsel Texas Eastern Transmission, LP P. O. Box 1642 Houston, TX Phone: (713) steven.hellman@enbridge.com * Parties to be designated on the Commission s Official Service List. Enclosures Please contact the undersigned at (713) with any questions regarding this filing. Respectfully submitted, /s/ Janice K. Devers Janice K. Devers, Director Tariffs

4 TEXAS EASTERN TRANSMISSION, LP APPENDIX A Statements of Negotiated Rates Version Description & Title Gulfport contract City of Hamilton contract

5 Texas Eastern Transmission, LP 53. Gulfport - contract FERC Gas Tariff Version Statements of Negotiated Rates Page 1 of 2 STATEMENT OF NEGOTIATED RATES 1/ 2/ 3/ 4/ 5/ Customer Name: Gulfport Energy Corporation Service Agreement: Term of Negotiated Rate: The term of this Negotiated Rate Agreement commences on the Service Commencement Date, as such term is defined in the Precedent Agreement between Texas Eastern Transmission, LP ( Pipeline ) and Gulfport Energy Corporation ( Customer ) dated May 19, 2015 ( Precedent Agreement ), and continues for the Primary Term as defined in the Precedent Agreement. Primary Receipt Point(s): Uniontown West Accounting Point M&R No Primary Delivery Point(s): Texas Gas Transmission Point near Lebanon, OH M&R No Rate Schedule: FT-1 (Lebanon Extension Project Facilities) MDQ: 100,000 Dth/d Reservation Rate: During the term of this Negotiated Rate Agreement, Customer shall pay a Negotiated Reservation Rate of $ per Dth, per month of Customer s MDQ under Contract No Usage Rate: During the term of this Negotiated Rate Agreement, Customer shall pay a Usage-1 charge equal to the applicable, Commission-approved, Rate Schedule FT-1 (Lebanon Extension Project Facilities) maximum recourse Usage-1 charge, which rate may change from time to time, including on a periodic basis in connection with Pipeline s ASA mechanism pursuant to Section 15 of the General Terms and Conditions of Pipeline s Tariff, multiplied by the quantity of gas, in Dekatherms, delivered during the applicable Day; provided that, the Usage-1 Charge shall be equal to the Rate Schedule FT-1 (Lebanon Extension Project Facilities) maximum recourse Usage-1 charge proposed by Pipeline in its certificate application filed in Docket No. CP (for clarity, $0.00), as may be adjusted on a periodic basis in connection with Pipeline s ASA mechanism pursuant to Section 15 of the General Terms and Conditions of Pipeline s Tariff, multiplied by the quantity of gas, in Dekatherms, delivered during the applicable Day, until the date that revised Rate Schedule FT -1 (Lebanon Extension Project Facilities) Usage-1 maximum recourse rates go into effect as a result of Pipeline filing a general NGA Section 4 rate proceeding after the Service Commencement Date. Fuel: During the term of this Negotiated Rate Agreement, Customer shall pay the incremental recourse Applicable Shrinkage Percentage (including Lost and Unaccounted For Gas) applicable to service under Rate Schedule FT-1 (Lebanon Extension Project Facilities) as effective from time to time under Pipeline s Applicable Shrinkage Adjustment ( ASA ) mechanism and shall pay Pipeline for all fuel related surcharges, and Pipeline agrees to credit Customer for all fuel related credits, pursuant to Pipeline s ASA and electric power cost ( EPC ) tracker mechanisms applicable to the Service Agreement. Footnotes: 1/ This Negotiated Rate Agreement is part of a conforming Service Agreement. Issued on: September 29, 2017 Effective on: November 1, 2017

6 Texas Eastern Transmission, LP 53. Gulfport - contract FERC Gas Tariff Version Statements of Negotiated Rates Page 2 of 2 2/ This Negotiated Rate Agreement shall apply only to service under Contract No using the primary points designated herein and secondary points available to this Service Agreement in accordance with Pipeline s FERC Gas Tariff provided if Customer changes any of the primary points listed above (or the MDROs or MDDOs associated with such points), pursuant to the provisions of the Pipeline s FERC Gas Tariff, Pipeline shall have the option to terminate this Negotiated Rate Agreement by providing Customer with written notice of Pipeline s intent to terminate this Negotiated Rate Agreement and, in such case, this Negotiated Rate Agreement shall terminate effective upon such written notice by Pipeline and thereafter Pipeline s maximum recourse rate(s) for Rate Schedule FT-1 (Lebanon Extension Project Facilities) service shall apply for the remaining term of the Service Agreement, unless and until otherwise agreed in writing between Customer and Pipeline. 3/ During the term of this Negotiated Rate Agreement, Customer agrees to pay the applicable Annual Charge Adjustment ( ACA ) surcharge. Customer also agrees to pay any surcharge or other charge pursuant to any FERC approved cost recovery mechanism of general applicability implemented in a generic proceeding or in a Pipeline specific proceeding, or any other recovery mechanism approved by FERC for the recovery of any direct or indirect costs of any kind not reflected in Pipeline s FERC approved Rate Schedule FT-1 (Lebanon Extension Project Facilities) rates, including but not limited to such costs related to pipeline safety or environmental compliance costs associated with Pipeline s operations. 4/ Pipeline and Customer hereby agree that the Service Agreement is a contractual ROFR Agreement under Pipeline s FERC Gas Tariff. 5/ Pipeline and Customer agree that Customer will be eligible to receive reservation charge adjustments under this negotiated rate in accordance with GT&C Section 31 of Pipeline s FERC Gas Tariff. Issued on: September 29, 2017 Effective on: November 1, 2017

7 Texas Eastern Transmission, LP 61. City of Hamilton - contract FERC Gas Tariff Version Statements of Negotiated Rates Page 1 of 2 STATEMENT OF NEGOTIATED RATES 1/ 2/ 3/ 4/ 5 Customer Name: City of Hamilton, Ohio Service Agreement: Term of Negotiated Rate: The term of this Negotiated Rate Agreement commences on the Service Commencement Date, as such term is defined in the Precedent Agreement between Texas Eastern Transmission, LP ( Pipeline ) and City of Hamilton, Ohio ( Customer ) dated May 19, 2015 and continues for the Primary Term as defined in the Precedent Agreement. Primary Receipt Point(s): Uniontown West Accounting Point M&R No Primary Delivery Point(s): Hamilton, OH M&R No Rate Schedule: FT-1 (Lebanon Extension Project Facilities) MDQ: 2,000 Dth/d Reservation Rate: During the term of this Negotiated Rate Agreement, Customer shall pay a Negotiated Reservation Rate of $ per Dth, per month of Customer s MDQ under Contract No Usage Rate: During the term of this Negotiated Rate Agreement, Customer shall pay a Usage-1 charge equal to the applicable, Commission-approved, Rate Schedule FT-1 (Lebanon Extension Project Facilities) maximum recourse Usage-1 charge, which rate may change from time to time, including on a periodic basis in connection with Pipeline s ASA mechanism pursuant to Section 15 of the General Terms and Conditions of Pipeline s Tariff multiplied by the quantity of gas, in Dekatherms, delivered during the applicable Day; provided that, prior to the Rate Schedule FT-1 (Lebanon Extension Project Facilities) maximum recourse Usage-1 charge becoming effecting following Pipeline s filing of its first general NGA Section 4 rate proceeding after the term of this negotiated rate commences, the Usage-1 Charge shall be equal to the Rate Schedule FT-1 (Lebanon Extension Project Facilities) maximum recourse Usage-1 charge proposed by Pipeline in its certificate application filed in Docket No. CP (for clarity, $0.00), as may be adjusted on a periodic basis in connection with Pipeline s ASA mechanism pursuant to Section 15 of the General Terms and Conditions of Pipeline s Tariff, multiplied by the quantity of gas, in Dekatherms, delivered during the applicable Day. Fuel: During the term of this Negotiated Rate Agreement, Customer shall pay the incremental recourse Applicable Shrinkage Percentage (including Lost and Unaccounted For Gas) applicable to service under Rate Schedule FT-1 (Lebanon Extension Project Facilities) as effective from time to time under Pipeline s Applicable Shrinkage Adjustment ( ASA ) mechanism and to pay Pipeline for all fuel related surcharges, and Pipeline agrees to credit Customer for all fuel related credits, pursuant to Pipeline s ASA tracker mechanism applicable to the Service Agreement. Footnotes: 1/ This Negotiated Rate Agreement is part of a conforming Service Agreement. 2/ This Negotiated Rate Agreement shall apply only to service under Contract No using the primary points designated herein and secondary points available to this Service Agreement in accordance with Pipeline s FERC Gas Tariff; provided if Customer changes any of the primary points listed above (or the MDROs or MDDOs associated with such points), pursuant to the Issued on: September 29, 2017 Effective on: November 1, 2017

8 Texas Eastern Transmission, LP 61. City of Hamilton - contract FERC Gas Tariff Version Statements of Negotiated Rates Page 2 of 2 provisions of the Pipeline s FERC Gas Tariff, Pipeline shall have the option to terminate this Negotiated Rate Agreement by providing Customer with written notice of Pipeline s intent to terminate this Negotiated Rate Agreement and, in such case, this Negotiated Rate Agreement shall terminate effective upon such written notice by Pipeline and thereafter Pipeline s maximum recourse rate(s) for Rate Schedule FT-1 (Lebanon Extension Project Facilities) service shall apply for the remaining term of the Service Agreement, unless and until otherwise agreed in writing between Customer and Pipeline. 3/ During the term of this Negotiated Rate Agreement, Customer agrees to pay the applicable Annual Charge Adjustment ( ACA ) surcharge. Customer also agrees to pay any surcharge or other charge pursuant to any FERC approved cost recovery mechanism of general applicability implemented in a generic proceeding or in a Pipeline specific proceeding, or any other recovery mechanism approved by FERC for the recovery of any direct or indirect costs of any kind not reflected in Pipeline s initial FERC approved Rate Schedule FT-1 (Lebanon Extension Project Facilities) rates including but not limited to such costs related to pipeline safety or environmental compliance costs associated with Pipeline s operations. 4/ Pipeline and Customer hereby agree that the Service Agreement is a contractual ROFR Agreement under Pipeline s FERC Gas Tariff. 5/ Pipeline and Customer agree that Customer will be eligible to receive reservation charge adjustments under this negotiated rate in accordance with GT&C Section 31 of Pipeline s FERC Gas Tariff. Issued on: September 29, 2017 Effective on: November 1, 2017

9 53. Gulfport - contract Version Page 1 of 2 STATEMENT OF NEGOTIATED RATES 1/ 2/ 3/ 4/ 5/ Customer Name: Gulfport Energy Corporation Service Agreement: Term of Negotiated Rate: The term of this Negotiated Rate Agreement commences on the Service Commencement Date, as such term is defined in the Precedent Agreement between Texas Eastern Transmission, LP ( Pipeline ) and Gulfport Energy Corporation ( Customer ) dated May 19, 2015 ( Precedent Agreement ), and continues for the Primary Term as defined in the Precedent Agreement. Primary Receipt Point(s): Uniontown West Accounting Point M&R No Primary Delivery Point(s): Texas Gas Transmission Point near Lebanon, OH M&R No Rate Schedule: FT-1 (Lebanon Extension Project Facilities) MDQ: 100,000 Dth/d Reservation Rate: During the term of this Negotiated Rate Agreement, Customer shall pay a Negotiated Reservation Rate of $ per Dth, per month of Customer s MDQ under Contract No Usage Rate: During the term of this Negotiated Rate Agreement, Customer shall pay a Usage-1 charge equal to the applicable, Commission-approved, Rate Schedule FT-1 (Lebanon Extension Project Facilities) maximum recourse Usage-1 charge, which rate may change from time to time, including on a periodic basis in connection with Pipeline s ASA mechanism pursuant to Section 15 of the General Terms and Conditions of Pipeline s Tariff, multiplied by the quantity of gas, in Dekatherms, delivered during the applicable Day; provided that, the Usage-1 Charge shall be equal to the Rate Schedule FT-1 (Lebanon Extension Project Facilities) maximum recourse Usage-1 charge proposed by Pipeline in its certificate application filed in Docket No. CP (for clarity, $0.00), as may be adjusted on a periodic basis in connection with Pipeline s ASA mechanism pursuant to Section 15 of the General Terms and Conditions of Pipeline s Tariff, multiplied by the quantity of gas, in Dekatherms, delivered during the applicable Day, until the date that revised Rate Schedule FT -1 (Lebanon Extension Project Facilities) Usage-1 maximum recourse rates go into effect as a result of Pipeline filing a general NGA Section 4 rate proceeding after the Service Commencement Date. Fuel: During the term of this Negotiated Rate Agreement, Customer shall pay the incremental recourse Applicable Shrinkage Percentage (including Lost and Unaccounted For Gas) applicable to service under Rate Schedule FT-1 (Lebanon Extension Project Facilities) as effective from time to time under Pipeline s Applicable Shrinkage Adjustment ( ASA ) mechanism and shall pay Pipeline for all fuel related surcharges, and Pipeline agrees to credit Customer for all fuel related credits, pursuant to Pipeline s ASA and electric power cost ( EPC ) tracker mechanisms applicable to the Service Agreement. Footnotes: 1/ This Negotiated Rate Agreement is part of a conforming Service Agreement. Issued on: September 29, 2017 Effective on: November 1, 2017

10 53. Gulfport - contract Version Page 2 of 2 2/ This Negotiated Rate Agreement shall apply only to service under Contract No using the primary points designated herein and secondary points available to this Service Agreement in accordance with Pipeline s FERC Gas Tariff provided if Customer changes any of the primary points listed above (or the MDROs or MDDOs associated with such points), pursuant to the provisions of the Pipeline s FERC Gas Tariff, Pipeline shall have the option to terminate this Negotiated Rate Agreement by providing Customer with written notice of Pipeline s intent to terminate this Negotiated Rate Agreement and, in such case, this Negotiated Rate Agreement shall terminate effective upon such written notice by Pipeline and thereafter Pipeline s maximum recourse rate(s) for Rate Schedule FT-1 (Lebanon Extension Project Facilities) service shall apply for the remaining term of the Service Agreement, unless and until otherwise agreed in writing between Customer and Pipeline. 3/ During the term of this Negotiated Rate Agreement, Customer agrees to pay the applicable Annual Charge Adjustment ( ACA ) surcharge. Customer also agrees to pay any surcharge or other charge pursuant to any FERC approved cost recovery mechanism of general applicability implemented in a generic proceeding or in a Pipeline specific proceeding, or any other recovery mechanism approved by FERC for the recovery of any direct or indirect costs of any kind not reflected in Pipeline s FERC approved Rate Schedule FT-1 (Lebanon Extension Project Facilities) rates, including but not limited to such costs related to pipeline safety or environmental compliance costs associated with Pipeline s operations. 4/ Pipeline and Customer hereby agree that the Service Agreement is a contractual ROFR Agreement under Pipeline s FERC Gas Tariff. 5/ Pipeline and Customer agree that Customer will be eligible to receive reservation charge adjustments under this negotiated rate in accordance with GT&C Section 31 of Pipeline s FERC Gas Tariff. RESERVED FOR FUTURE USE Issued on: September 29, 2017 Effective on: November 1, 2017

11 61. City of Hamilton - contract Version Page 1 of 2 STATEMENT OF NEGOTIATED RATES 1/ 2/ 3/ 4/ 5 Customer Name: City of Hamilton, Ohio Service Agreement: Term of Negotiated Rate: The term of this Negotiated Rate Agreement commences on the Service Commencement Date, as such term is defined in the Precedent Agreement between Texas Eastern Transmission, LP ( Pipeline ) and City of Hamilton, Ohio ( Customer ) dated May 19, 2015 and continues for the Primary Term as defined in the Precedent Agreement. Primary Receipt Point(s): Uniontown West Accounting Point M&R No Primary Delivery Point(s): Hamilton, OH M&R No Rate Schedule: FT-1 (Lebanon Extension Project Facilities) MDQ: 2,000 Dth/d Reservation Rate: During the term of this Negotiated Rate Agreement, Customer shall pay a Negotiated Reservation Rate of $ per Dth, per month of Customer s MDQ under Contract No Usage Rate: During the term of this Negotiated Rate Agreement, Customer shall pay a Usage-1 charge equal to the applicable, Commission-approved, Rate Schedule FT-1 (Lebanon Extension Project Facilities) maximum recourse Usage-1 charge, which rate may change from time to time, including on a periodic basis in connection with Pipeline s ASA mechanism pursuant to Section 15 of the General Terms and Conditions of Pipeline s Tariff multiplied by the quantity of gas, in Dekatherms, delivered during the applicable Day; provided that, prior to the Rate Schedule FT-1 (Lebanon Extension Project Facilities) maximum recourse Usage-1 charge becoming effecting following Pipeline s filing of its first general NGA Section 4 rate proceeding after the term of this negotiated rate commences, the Usage-1 Charge shall be equal to the Rate Schedule FT-1 (Lebanon Extension Project Facilities) maximum recourse Usage-1 charge proposed by Pipeline in its certificate application filed in Docket No. CP (for clarity, $0.00), as may be adjusted on a periodic basis in connection with Pipeline s ASA mechanism pursuant to Section 15 of the General Terms and Conditions of Pipeline s Tariff, multiplied by the quantity of gas, in Dekatherms, delivered during the applicable Day. Fuel: During the term of this Negotiated Rate Agreement, Customer shall pay the incremental recourse Applicable Shrinkage Percentage (including Lost and Unaccounted For Gas) applicable to service under Rate Schedule FT-1 (Lebanon Extension Project Facilities) as effective from time to time under Pipeline s Applicable Shrinkage Adjustment ( ASA ) mechanism and to pay Pipeline for all fuel related surcharges, and Pipeline agrees to credit Customer for all fuel related credits, pursuant to Pipeline s ASA tracker mechanism applicable to the Service Agreement. Footnotes: 1/ This Negotiated Rate Agreement is part of a conforming Service Agreement. 2/ This Negotiated Rate Agreement shall apply only to service under Contract No using the primary points designated herein and secondary points available to this Service Agreement in accordance with Pipeline s FERC Gas Tariff; provided if Customer changes any of the primary points listed above (or the MDROs or MDDOs associated with such points), pursuant to the Issued on: September 29, 2017 Effective on: November 1, 2017

12 61. City of Hamilton - contract Version Page 2 of 2 provisions of the Pipeline s FERC Gas Tariff, Pipeline shall have the option to terminate this Negotiated Rate Agreement by providing Customer with written notice of Pipeline s intent to terminate this Negotiated Rate Agreement and, in such case, this Negotiated Rate Agreement shall terminate effective upon such written notice by Pipeline and thereafter Pipeline s maximum recourse rate(s) for Rate Schedule FT-1 (Lebanon Extension Project Facilities) service shall apply for the remaining term of the Service Agreement, unless and until otherwise agreed in writing between Customer and Pipeline. 3/ During the term of this Negotiated Rate Agreement, Customer agrees to pay the applicable Annual Charge Adjustment ( ACA ) surcharge. Customer also agrees to pay any surcharge or other charge pursuant to any FERC approved cost recovery mechanism of general applicability implemented in a generic proceeding or in a Pipeline specific proceeding, or any other recovery mechanism approved by FERC for the recovery of any direct or indirect costs of any kind not reflected in Pipeline s initial FERC approved Rate Schedule FT-1 (Lebanon Extension Project Facilities) rates including but not limited to such costs related to pipeline safety or environmental compliance costs associated with Pipeline s operations. 4/ Pipeline and Customer hereby agree that the Service Agreement is a contractual ROFR Agreement under Pipeline s FERC Gas Tariff. 5/ Pipeline and Customer agree that Customer will be eligible to receive reservation charge adjustments under this negotiated rate in accordance with GT&C Section 31 of Pipeline s FERC Gas Tariff. RESERVED FOR FUTURE USE Issued on: September 29, 2017 Effective on: November 1, 2017

13 APPENDIX B Negotiated Rate Letter Agreements

14 R NBRIDGE' Texas Eastern Transmission, LP 5400 Westheimer Court Houston, TX (713) September 28, 2017 Ty Peck Gul fport Energy Corporation 3001 Quail Springs Parkway Oklahoma City, OK Re: Rate Schedule FT-1 Service Agreement (Lebanon Extension Project) No between Texas Eastern and Customer - Negotiated Rate Agreement Dear Mr. Peck: By this transmittal letter, Texas Easte rn Transmission, LP ("Texas Eastern" or " Pipeline") and Gu lfport Energy Corporation ("Customer") are implementing a negotiated rate applicable to service under the above-referenced Rate Schedule FT-1 Service Agreement. This Negotiated Rate Agreement supersedes and replaces all other negotiated rate agreements and understandings between the parties with respect to the matters contemplated herein, including the executed Negotiated Rate Agreement dated September 29, 2015, which is hereby void and shall have no further force or effect. Texas Eastern and Customer hereby agree that the provisions on the attached pro forma Statement of Negotiated Rates refl ect the terms of their agreement, including the effectiveness of the negotiated rate. At an appropriate time after execution of this letter by both Texas Eastern and Customer, Texas Eastern shall fi le a Statement of Negotiated Rates wit h the Commi ssion containing rate-related provisions identical to those provisions on the attached pro forma Stateme nt of Negotiated Rates in accordance with Section 29.7 of the General Terms and Conditions of Texas Eastern 's FERC Gas Tariff. If the foregoing accurately sets fo rth your understanding of the matter covered herein, please so indicate by having a duly authorized representative sign in the space provided below and returning an original signed copy to the undersigned. SincerelL Texas Easter Transmission, LP By its gener ' partner Spectra Energy T ransmission Services, LLC ACCEPTED AND AGREED TO THIS 28 DAY OF SEPTEMBER 2017 GULFPORT ENERGY CORPORATION By: N_ame: i)o-.,,, +/ ~ n e. S. Title:!)1r-e c-/tjv o.f f\..{o.,,f<pf,,-:j ct" M,dS-/Yf'O. tvj

15 STATEMENT OF NEGOT IAT ED RATES 1/ 2/ 3/ 4/ 5/ Customer Name: Gul fport Energy Corporation Service Agreement: Term of Negotiated Rate: T he term of this Negotiated Rate Agreement commences on the Service Commencement Date, as such term is defined in the Precedent Agreement between Texas Eastern Transmission, LP ("Pipeline") and G ul fport Energy Corporation ("Custome,~') dated May 19, ("Precedent Agreement"), and conti nues for the Primary Tenn as defined in the Precedent Agreement. Primary Receipt Point(s): Uniontown West Accounting Point - M&R No Primary Delivery Point(s): T exas Gas T ransmissio n Point near Lebanon, OH - M&R No Rate Schedule: FT-1 (Lebanon Extension Project Facilities) MOO: 100,000 Dth/d Reservation Rate: During the term of this Negotiated Rate Agreeme nt, Customer shall pay a Negotiated Reservation Rate of $ per 0 th, per month of Customer's MDQ under Contract No Usage Rate: During the te rm of this Negotiated Rate Agreement, Customer shall pay a Usagc-1 charge equa l to the applicable, Commission-approved, Rate Schedule FT-1 (Lebanon Extension Project Faci lities) maximu m recourse Usage-1 charge, which rate may change from time to time, including on a periodic basis in connection with Pi pel ine's ASA mechanism pursuant to Section 15 of the General Terms and Conditions of Pipeli ne's Tariff, multiplied hy the quantity of gas, in Dekatherms, de livered during the applicable Day; provided that, the Usage-! Charge shall be equal to the Rate Schedule FT-1 (Lebanon Extension Project Facilities) maximum recourse Usage-I charge proposed by Pipeline in its certificate application filed in Docket No. CP (for clarity, $0.00), as may be adjusted on a periodic bas is in connection with Pipeline's ASA mechanism pursuant to Section IS of the General Terms and Conditions of Pipeline's Tariff, mu ltiplied by the quantity of gas, in Dekatherms, delivered du ring the applicable Day, unti l the date that revised Rate Schedule FT-1 (Lebanon Extension Project Facilities) Usage-1 maximum recourse rates go into effect as a result of Pipeline fi ling a general NGA Section 4 rate proceeding after the Service Commencement Date. Fuel: During the term of th is Negotiated Rate Agreement, Customer shall pay the incremental recourse Applicable Shrinkage Percentage (incl uding Lost and Unaccounted For Gas) applicable to service under Rate Schedule FT-1 (Lebanon Extension Project Facilities) as effective from time to time under Pipeline's Applicable Shrinkage Adjustment ("ASA") mechanism and shall pay Pipeline fo r all fuel related s urcharges, a nd Pipeline agrees to credit Custome r for all fuel related credits, purs uant to Pi peline's ASA and e lectric power cost ("EPC") tracker mechanisms applicable to the Service Agreement. Footnotes: 1/ T his Negotiated Rate Agreement is part of a conforming Service Agreement. 2/ T his Negotiated Rate Agreement shall apply only to service under Contract No using the prima ry points designated herein a nd secondary points available to this Service Agreement in accordance w ith Pipeline's FERC Gas Tariff provided if C ustomer changes

16 any of the primary points listed above (or the MDROs or MDDOs associated w ith s uch points), pursua nt to the provisions of the Pipeline's FERC Gas Tariff, Pipeline shall have the option to terminate thi s Negotiated Rate Agreement by providing Customer with written noti ce of Pipeline's intent to terminate this Negotiated Rate Agreement and, in s uch case, this N egotiated Rate Agreement shall terminate effective upon such written notice by Pipe line and thereafter Pipeline's maximum recourse rate(s) for Rate Schedule FT-1 (Lebanon Extensio n Project Facilities) service shall apply for the remaining term of the Service Agreement, unless and until otherw ise agreed in writing between Custome r and Pipeline. 3/ During the term of thi s Negotiated Rate Agreeme nt, Customer agrees to pay the applicable Annual Charge Adjustment ("ACA") surcharge. C ustomer also agrees to pay any surcharge or other charge pursuant to any FERC approved cost recovery mechanism of general applicability implemented in a generic proceeding or in a Pipeline specific proceeding, or any other recovery mechanism approved by FERC fo r the recovery of any direct or indirect costs of any kind not re fl ected in Pipeline's FERC approved Rate Schedule FT-1 (Lebanon Extension Project Faciliti es) rates, including but not limited to such costs related to pipeline safety or environmental compliance costs associated with Pipeline's operations. 4/ Pipeline and Customer hereby agree that the Se rvice Agreement is a contractual ROFR Agreement under Pipeline's FERC Gas Tariff. 5/ Pipeline and Customer agree that Customer w ill be eligible to receive reservation charge adjustments under thi s negotiated rate in accordance with GT&C Section 3 1 of Pipeli ne's FERC Gas Tariff.

17 i;~enbridge. ~t''l.~,c. f:::,-:: :.;~r; r:-i~~,~~:ni~-..tc.1:. U ' 5400 Wesihe,mer Court Houston, TX (713) September Mr. Doug Childs Energy Management Adm inistrator Ci ty of Ham ilton, Ohio 345 High Street, 4' 11 Floor Hamil ton, OH Re: Rate Schedule FT-1 Service Agreement (Lebanon Extension Project) No between Texas Eastern and Customer - Negotiated Rate Agreement Dear Mr. Chi lds: By this transmittal letter, Texas Eastern Transmission, LP ("Texas Eastern" or "Pipel ine") and City of Hamilton, Ohio ("Customer") are im plementing a negotiated rate applicable to service under the above-referenced Rate Schedule FT- I Service Agreement. This Negotiated Rate Agreement supersedes and replaces all other agreements and understandings between the parties with respect to tbe matters contemplated herein, including the executed Negotiated Rate Agreement dated January 16, 2017, which is hereby void and shall have no further force or effect. Texas Eastern and Customer hereby agree that the provisions on the attached pro fo rma Srarement of Negotiated Rates reflect the terms of their agreement, including the effecti veness of the negotiated rate. At an appropriate time af'ter execution of this letter by both Texas Eastern and Customer, Texas Eastern shall tile a Statement of Negotiated Rates with the Com mission containing rate-related provisions identical to those provisions on the attached pro form a Statement of Negotiated Rates in accordance with Section 29.7 of the General Terms and Conditions of Texas Eastern's FERC Gas Tariff. If the forego ing accurately sets forth your understanding of the matter covered herein, please so indicate by having a duly authorized representative sign in the space provided below and returning an original signed copy to the undersigned. ACCEPTED AND AGREED TO THIS DAY OF SEPTEMBER 2017 CITY OF HAMILTON, OHIO By: ~ a,, Sincerely~- Texas Easter Transmission, LP By its gener partner Spectra Energy Transmission Services, LLC By:

18 STATEMENT OF NEGOTIATED RA TES I/ 2/ 3/ 4/ 5 C ustomer Name: C ity of Hamilton, Ohio Service Agreement: Term o f Negotiated Rate: The term of this 'egotiated Rate Agreement commences on the Serv ice Commencement Date, as such term is defined in the Precedent Agreement between Texas Eastern Transmission, LP ("Pipeline") and C ity of Hamilton, Ohio ("Customer") dated May 19, 20 IS and continues for the Primary Term as defined in 01e Precedent Agreement. Primarv Receipt Point(s): Uniontown West Accounting Point - M&R No Primary Deliverv Point(s): Hamilton, OH - M&R No Rate Schedule: FT- I (Lebanon Extension Project Facilities) MDQ: 2,000 Dth/d Reservation Rate: During the term of this Negotiated Rate Agreement, Customer shall pay a Negotiated Reserv ation Rate of $ per 0th. per month of Customer's MDQ under Contract No Usage Rate: During the term of th is Negotiated Rate Agreement, Customer sha ll pay a Usage- I charge equal to the applicable, Commission-approved, Rate Schedule FT-I (Lebanon Extension Project Facili ties) maximum recourse Usage- I charge, which rate may change from ti me lo time, including on a period ic basis in connection with Pipeline's ASA mechanism pursuant to Sectio n I 5 of the General Terms and Conditions of Pipeline 's Tariff multiplied by the quantity of gas, in Dekathenns, delivered during the appl icable Day; provided that, prior to the Rate Schedule FT- I (Lebanon Extension Project Facilities) maximum recourse Usage- I charge becoming effective fo llowi ng Pipeline's til ing of its first general NGA Section 4 rate proceeding after the term of this negotiated rate commences, the Usage- I Charge shall be equal to the Rate Schedule FT- I (Lebanon Extension Project Facilities) max imum recourse Usage- I charge proposed by Pipeline in its certificate application filed in Docket No. CP (for clarity. $0.00), as may be adjusted on a periodic basis in connection with Pipeline's ASA mechanism pursuant to Section 15 of the General Terms and Conditions of Pipeline's Tariff, multipl ied by the quantity o f gas, in Dekatherms, deli vered during the applicable Day. Fuel: During the term of this Negotiated Rate Agreement, Customer shall pay the incremental recourse Applicable Shrinkage Percentage (i ncluding Lost and Unaccounted For Gas) applicable to service under Rate Schedule FT- I (Lebanon Extension Project Facilities) as effective from time to lime under Pipeline's Applicable Shrinkage Adjustment ("ASA') mechanism and to pay Pi peline for all fuel related surcharges, and Pipeline agrees to credit Customer fo r all fuel related credits. pursuant to Pipeline's ASA tracker mechanism applicable to the Service Agreement. Footnotes: l / This Negotiated Rate Agreement is part of a conform ing Service Agreement. 2/ This Negotiated Rate Agreement shall apply only to service under Contract No. 9 l l 378 using the primary points designated herein and secondary points available to this Service Agreement in accordance with Pipeline's FERC Gas Tariff; provided if Customer changes any of the primary points listed above (or the MDROs or MDDOs associated with such points), pursuant to the provisions of the Pipel ine's FERC Gas Tariff, Pipeline shall have the option 10 terminate this

19 Negotiated Rate Agreement by providing Customer wi th written notice of P ipeline's intent to terminate this Negotiated Rate Agreement and, in such case, this Negoti ated Rate Agreement shall terminate effective upon such written notice by Pipeline and thereafter Pipeline's maximum recourse rate(s) fo r Rate Schedule FT- I (Lebanon Extens ion Project Facilities) service shall apply for the remaining term of the Service Agreement, unless a nd until otherwise agreed in writing between Customer and Pipeline. 3/ Duri ng the term of this Negotiated Rate Agreement, Customer agrees to pay the applicable Annual Charge Adjustment ('' ACA'') surcharge. Customer also agrees to pay any surcharge or other charge pursuant to any FERC approved cost recovery mechanism o f genera l applicability implemented in a generic proceeding or in a Pipeline specific proceeding, or any other recovery mechanism approved by FERC for the recovery of any direct or indirect costs of any kind not reflected in Pipeline's initial FERC approved Rate Schedule FT- I (Lebanon Extension Project Facilities) rates including but not limi ted to such costs related to pipeline safety or environmental compliance costs associated witb Pipeline's operations. 4/ Pi peline and Customer hereby agree that the Service Agreement is a contractual ROFR Agreement under Pipeline's FERC Gas Tari ff. 5/ Pipeline and Customer agree that Customer will be eligible to receive reservation c harge adjustments under this negotiated rate in accordance with GT&C Section 31 of Pipel ine's FERC Gas Tariff.

20 CERTIFICATE OF SERVICE I hereby certify that I have electronically served the foregoing document upon customers of Texas Eastern Transmission, LP and interested state commissions that have requested electronic service. Dated at Houston, Texas this 29 th day of September, /s/ Brian J. Malik Brian J. Malik On behalf of Texas Eastern Transmission, LP