Attachment A Lawsuits and Formal Complaints
Jurisdiction Docket Number Customer Name Entity Resolution Calendar Year PA C-2014-2422712 Turk Respond Power Stipulated Dismissal 2014 PA C-2014-2429163 Giles Respond Power Stipulated Dismissal 2014 PA C-2014-2429161 Woolfork Respond Power Stipulated Dismissal 2014 PA C-2014-2429155 Winkler Respond Power Stipulated Dismissal 2014 PA F-2014-2429160 Tonini Respond Power Stipulated Dismissal 2014 PA C-2014-2430740 Fr)I Respond Power Stipulated Dismissal 2014 PA C-2014-2430974 Place Respond Power Stipulated Dismissal 2014 PA C-2014-2431143 Ashcraft Respond Power Stipulated Dismissal 2014 PA F-2014-2430849 Mackanos Respond Power Stipulated Dismissal 2014 PA C-2014-2413755 Chud Respond Power Stioulated Dismissal 2014 PA F-2014-2429160 Dormer Respond Power Stipulated Dismissal 2014 PA C-2014-2413754 Cermak Respond Power Stinulated Dismissal 2014 PA F-2014-2439699 Albertson Respond Power Stipulated Dismissal 2014 PA C-2014·2439886 Jandzio Respond Power Stioulated Dismissal 2014 PA F-2014-2439850 Crouse Respond Power Stipulated Dismissal 2014 PA C-2014-2439908 Negrotti Respond Power Stipulated Dismissal 2014 PA C-2014-2440700 Carlson Respond Power Stipulated Dismissal 2014 PA C-2014-2417551 Russell Respond Power Stipulated Dismissal 2014 PA C-2014-2413752 Multhauf Respond Power Stioulated Dismissal 2014 PA C-2014-2445849 Fcby Respond Power Stipulated Dismissal 2014 PA C-2014-2443192 Phillippy Respond Power Stipulated Dismissal 2014 PA C-2014-2443612 Thompson Respond Power Stipulated Dismissal 2014 PA C-2014-2443613 Riar Comoany, Inc. Respond Power Stipulated Dismissal 2014 PA C-2014-2444858 Buffington Respond Power Stipulated Dismissal 2014 PA C-2014-2444859 Choi Respond Power Stioulated Dismissal 2014 PA F-2014-2436153 Dormer Respond Power Stipulated Dismissal 2014 PA C-2014·2446282 Shreiber Respond Power Stipulated Dismissal 2014 PA F-2014-2446856 Ciocca Respond Power Stipulated Dismissal 2014 PA F-2014-2448694 Thomnson Respond Power Stioulated Dismissal 2014 PA C-2014-2450690 Ou Gov Respond Power Stipulated Dismissal 2014 PA F-2014-2448946 Smith Respond Power Stipulated Dismissal 2014 PA C-2014-2429154 Slocum Respond Power Stipulated Dismissal 2014 PA C-2014-2450196 Mowcnn Respond Power Stipulated Dismissal 2014 PA F-2014-2450609 JC Investment Inc. Respond Power Stipulated Dismissal 2014 PA F-2014-2450617 Ellen Lees Respond Power Stipulated Dismissal 2014 PA F-2014·2451070 Bawell Respond Power Stioulated Dismissal 2014 PA F-2014-2450512 Schwartz Respond Power Stipulated Dismissal 2014 PA C-2014-2411127 Lewis Respond Power Stipulated Dismissal 2014 PA F-2014·2450463 Jwala.,,,«ad Respond Power Stipulated Dismissal 2014 PA F-2014-2444861 Reynolds Respond Power Stipulated Dismissal 2014 PA F-2014-2446626 Dailey Respond Power Stipulated Dismissal 2014 PA C-2014-2451956 Torres Respond Power Stipulated Dismissal 2014 PA F-2014-2448946 Smith Respond Power Stipulated Dismissal 2014 PA C-2014-2417552 Tustin Respond Power Stioulated Dismissal 2014 PA F-2014·2453667 Wannoo Respond Power Stipulated Dismissal 2014 PA F-2014-2453709 DeMarco Respond Power Stipulated Dismissal 2014 PA F-2014-2453750 Walcott Respond Power Stioulated Dismissal 2014 PA F-2014-2453751 Moore Respond Power Stipulated Dismissal 2014 Jurisdiction Docket Number Custon1er Name Entity Resolution Calendar Year PA F-2014-2453844 Sullivan Respond Power Stiouiated Dismissal 2014 PA C-2014-2454060 Estock Respond Power Stipulated Dismissal 2014 PA F-2014-2454136 Caplan Respond Power Stipulated Dismissal 2014 PA F-2014-2454141 Culn Respond Power Stioulated Dismissal 2014 PA F-2014-2454094 Blount Respond Power Stipulated Dismissal 2014 PA C-2014-2454290 Clement Respond Power Stipulated Dismissal 2014 PA F-2014-2454264 Robinson Respond Power Stipulated Dismissal 2014 PA F-2014-2454735 Worlcv Respond Power Stioulated Dismissal 2014 PA F-2014-2455730 Traister Respond Power Stipulated Dismissal 2014 PA F-2014-2456386 Elahi Respond Power Stipulated Dismissal 2014 PA F-2014-2456398 Brown Respond Power Stioulated Dismissal 2014 PA F-2014-2456900 Hanev Respond Power Stipulated Dismissal 2014 PA F-2014-2457080 Sutikno Respond Power Stipulated Dismissal 2014 PA F-2014-2457359 Allan Respond Power Stipulated Dismissal 2014 PA C-2014-2457395 Stelma Respond Power Stipulated Dismissal 2014 PA C-2014-2457558 Mimi Paulos Respond Power Stinulatcd Dismissal 2014 PA C-2014-2458182 Mezhbeyn Respond Power Stipulated Dismissal 2014 PA F-2014-2458885 Snvder Respond Power Stioulated Dismissal 2014 PA C-2014-2439834 Infantino Respond Power Stipulated Dismissal 2014 PA C-2014-2445631 Calla~han Respond Power Stioulated Dismissal 2014 PA C-2015-2460979 Whipple Respond Power Stipulated Dismissal 2015 PA F-2014-2456370 Quinones Respond Power Stinulated Dismissal 2014 PA C-2014-2443611 John Respond Power Stipulated Dismissal 2014 PA F-2015-2462339 Santana Respond Power Stipulated Dismissal 2015 PA C-2014-2450210 Port Royal Associates Respond Power Stioulated Dismissal 2014 PA F-2015-2462720 Henderson Respond Power Stipulated Dismissal 2015 PA F-2014-2439898 Gonzalez Respond Power Stioulated Dismissal 2014 PA C-2015-2471163 Bi th Respond Power Stipulated Dismissal 2015 PA F-2015-2471783 Cowan Respond Power Stioulated Dismissal 2015 PA F-2015-2472448 Hill Respond Power Stipulated Dismissal 2015 PA C-2014-2411140 St. Clair Respond Power Stipulated Dismissal 2014 PA F-2015-2475774 Smikle Respond Power Stioulated Dismissal 2015 PA F-2015-2472920 Wilson Respond Power Stioulated Dismissal 2015 PA C-2015-2476728 Kav Sunnly Inc Respond Power Stipulated Dismissal 2015 PA F-2015-2479439 Gray Respond Power Dismissed 2015 PA C-2015-2477992 Miller Respond Power Stipulated Dismissal 2015 PA F-2015-2483599 Haynes Respond Power Stipulated Dismissal 2015 PA C-2015-2483068 Purvis Respond Power Stipulated Dismissal 2015 PA C-2015-2483422 Sharif Respond Power Stipulated Dismissal 2015 PA F-2015-2487623 Wilkins Respond Power Stipulated Dismissal 2015 PA F-2015-2473256 Swanson Respond Power Stipulated Dismissal 2015 PA F-2015-2497408 Carr Respond Power Sticulated Dismissal 2015 PA F-2014-2443804 Fenderson Respond Power Stipulated Dismissal 2014 PA F-2015-2489274 Williams Respond Power Stipulated Dismissal 2015 PA F-2015-2501714 Marakovits Respond Power Stipulated Dismissal 2015 PA C-2015-2506945 Sanders Respond Power Stinulated Dismissal 2015 PA C-2015-2505840 Sloat Respond Power Stipulated Dismissal 2015 PA C-2015-2505565 Tacka Respond Power Stipulated Dismissal 2015 PA C-2015-2508486 Singletary Respond Power Stipulated Dismissal 2015 PA C-2016-2553262 Richman Respond Power Dismissed 2016 Jurisdiction Docket Number Customer Name Entity Resolution Calendar Year PA F-2016-2560192 Baxter Re. ICC 15-0308 Batsaikhan Spark Energy Gas Stipulated Dismissal 2015 ICC 15-0388 Bernstein Spark Energy Dismissed 2015 !CC 15-0409 Clyde Spark Energy Gas Stipulated Dismissal 2015 ICC 15-0525 Sanori Spark Energy Gas Stipulated Dismissal 2015 ICC 16-0252 Lopez Spark Energy Gas Stipulated Dismissal 2016 ICC 16-0265 Boivin Spark Energy Gas Stipulated Dismissal 2016 ICC 16-0470 Poulous Oasis Power Stipulated Dismissal 2016 Spark Energy Chicago Gas; John Does 1- Federal Coun 1:14cv9579 Hoy 10 Settlement 2014 Prime: United marketing; Evolutionary Cook County Enterprises Inc; Circuit Coun 2014-L-50842 Woods Spark Energy Settlement 2014 Exhibit: license Table I Commodity Oasis Power; LLC d/b/a CenStar Energy Corp. Oasis Energy Commodity Spark Energy Gas, LLC Commodity Major Energy Electric Services, LLC Commodity NJ Dual IL Electric CA Gas CT Electric NY Dual MA Electric IL Gas DC (Washington) Electric OH Dual MD Dual IN Gas IL Electric NJ Dual MA Gas MA Electric fNGE Markets I Commodity I NY Dual MD Gas MD Electric IL Dual PA Dual Ml Gas NJ Electric OH Dual NJ Gas NY Electrlc MD Electric Jl'Wiee Energy, uc IeomiiiDillifl NY Gas OH Electric PA Dual CA Electric OH Gas PA Electric CT Electric !Electricity Maine I Commodity I DE Electric [ Spark Energy, LLC jCommodifyJ [Miiliir Energy5ervtre5, m:- jtommooltVJ ME Electric MA Electric CT Electric MD Gas NY Electric IL Electric NJ Gas IElectricity New Hampshire I Commodity I OH Electric MA Electric NY Gas NH Electric MD Electric OH Gas NJ Electric PA Gas [PtovraerP"OWer Massachusetts I Commodity I NY Electric MA Electric PA Electric TX Electric [Respond Power,LLC jCommodify] NJ Electric PA Electric ~spar Attachment B OFFICE OF THE SECRETARY OF STATE JESSE WHITE • Secretary of State JULy 24, 2014 0480580-1 Il.LINOIS CORPORATION SERVICE C 801 ADLAI STEVENSON DRIVE SPRlNGFIELD, ll.. 62703-4261 RE SPARK ENERGY, LLC DEAR SIR OR MADAM: IT HAS BEEN OtJ,R PLEASURE TO APPROVE YOUR REQUEST TO TRANSACT BUSINESS IN THE STATE OF ll..LINOIS. ENCLOSED PLEASE FIND THE APPROVED APPLICATION FOR ADMISSION. PLEASE NOTE! THE LIMITBD LIABil.lTY COMPANY MUST FILE AN ANNUAL REPORT PRIOR TO THE FIRST DAY OF THIS MONTH OF QUALIFICATION NEXT YEAR. FAILURE TO TIMBL Y FILE WILL RESULT IN A $:JOO PENALTY AND/OR RBVOCA TION. A PRE-PRINTED ANNUAL REPORT WILL BE MAILED TO THE REGISTERED AGENT AT THE ADDRESS ON OUR RECORDS APPROXIMATELY 4S DAYS BEFORE THE DUE DA TE. MANY OF OUR SERVICES ARE AVAll.ABLE AT OUR CONTINUOUSLY UPDATED WEBSITE. VISIT WWW.CYBERDRNEILLINOIS.COM TO VIBW THE STATUS OF THIS COMPANY, PURCHASE A CERTIFICATE OF GOOD STANDING, OR EVEN FILE THE ANNUAL REPORT REFERRED TO JN THE EARLIBR PARAGRAPH. SINCERELY YOURS, '6~ ~ JESSE WiilTE SECRETARY OF STATE DEPARTMENT OF BUSINESS SERVICES LIMITED LIABILITY DIVJSfON (217) 524-8008 lllfnols FUI (jL/ 0-5~\- FOlm LLC-45.5 Limited Liability Company Act Ma 2012 Appllcatlon for Admission to Transact Business FILED sua·::--; ir, u.;rt1t.r.r~ JUL 2 %2D~ ...... _ ...... _...... JESSE WHITE Fnlng Fee: S500 SECRETARY OF STATE Penally: $ .; Approved: 1. Umi1sd Unblliy CQmpaf1y Naroo: _.Spa=rk=En"'ergy""'"-' LL=C'------~------ a AosumodNamo:-=.,....,,_,..,.....,,,_....,,.....,.,_..,,.,,.._----.,.-,,...-.,..,---,-.,,..,.,...,.--,--=---:-.,--·~c--:-.,- (Thll fleris b onJy llppffmlble ft tt\e c:otflpany nam. Jn JCom 1 ls not aniaa.Jo tof USO ln IHnCJla. 1n MtJeh ~ fCJJI'! Ll,C 1.20 ,,.,ct bo. ""'11ploi8d and """'"1dod with !Ills lpjlllollloli.) 3. Jurisdldlot1 ot Organlza!IOn:..:T,,.e,,,•as,._·------ 4. Dale of Organlzafion:_S/2=1-..12'"0""14.______ e. Addr<$$ DI tho Princ!pal P1""8 of Buslnan: (P.O. Bo• alone or cJo I• uiaccepta!Jlu.} 2105 CityW•sl Blvd .• Suite 100 Bullo I HoulO!on, Texa1 77042 7. Roglst8rl!d /lgont llffnols Corporation Service Company · - Firtt Name Aeglstl!flld otlice: 801 Ad!a! St•venson Drive li (P.O. ""1 - "Ob Springfleld 627~261 ts"'"' ;4 '" l ===~--,.CHy::::------,!""L---~=Zt>::.-;Codo:-"f=--~--- a. U appllc:ablo, Dais on Wll/d1 Company firit c:onaucted business In lltlnolll: ------ (conllr 9. Purpose{•) for whldt Iha Company l• Otganized and Proposes to Conduct Eluslness In llllno!s: ------ Utifltles 10. The Limited llabllity Company: (chad(one) a. fJ ls masiaged by !he manager(s) (1.1$1 names end addmasas.) b. 17; has mcnaijement vest"!! in 1he. member(•) (List names ari:l •-•.) Spark HoldCo, LLC 2105 C!tyWesl Blvd.. Suite 100, Houston, TX 77042 11. The RlinalS Secretary of State Is hereby appointed tbe agent or Illa Umltsd Uablffty Company for "1>iee of pmc:ass under circum"1ances sat foM In subsecllon (b) ol S&cllon 1-SO of Iha llllnols Umhed Llabi!ity Company Aa. 12. This eppllc:.allon Is accompanied by a certtflcato ol13ood Standing or Existence, duly authenUcated w1ttUn lhe fast 60 day•, bf the offfcer DI the stale or countiy whareln Iha UC la loomed. 13. The undersigned allinns, under plHUlltles ol perjury, having au!llority to sign hereto, Iha! !his appicalion fa admission to transact business Is lo u., best of my klX>Wledge Md belief, true, comict and comple!ll. GB Melman. Vice President & General Co!Jsenl Heme and Tltle (fy'pa or print} on behalf of Spark HoldCo, LLC ·Member happrieant IS Clgnlng for• Comp-any or olhar £nuiy, m Name Of Company std lncl!ca19 whether tt b a member or mana9D' at the" UC. Co Office of the Secretary of State Certifiaite of Fact Tho tmdenigned, as Secietary of SWe ofT~. does hereby certify !hat th~ document, Certificate of Conv,ersion for SP~ENERGY, I.LC (file number 80199SS37), a Domestic Limited Liability Company (LLC), WaJ filed in this office 110 May 21, 2014. It is further certified that the entity status ID T=is is in exi5tence. In testimony whereof; I have hereunto sigoed my name officlally and caused to be impreSsetl bcrcon lhc Seal of St&lc at my office in Austin, Texas on July 115. 2014. Nandita Bony Seertl!ll'Y of Stale Com~ rlsit ~on. lh~ lntundt or hrtp .. 'h'Krw.sot.sr?t~.tt.USI Phone (5ll)-16l-555S F"": (512) "63-5709 Di:ll: 7·1-1 for Rclay Senicz:s Piqxn Corpuralions Section Nandita Berry r.o.n°' 13697 Secretary orStat< /\uslill. r •.,as 78711-3697 Office of the Secretary of State CERTIFICATE OF CONVERSION The undersigned, as Secretary of Slate of Texas, horeby certifies that n filing instrument for Spark Energy. LT'. file Number: 800052932 Converting it to SPARK DIERGY. LLC file Number: 801995537 hns been received in this otrice nm] has been found to conform lo law. ACCORDTNGL Y, the undersigned, as Secretary of State, and by vinue of the authority vested in the secretary by Jaw. hereby issues this ccnilicatc evidencing the acc'Cptancc und Ji ling of the con\'crsinn nn the date shmn1 bclo\\. Dated: 05/21/2014 Fftective: 05/21/20]..J Nandirn Berry Secretary of State CrJnti: virit 11.t un the inh·rnct tit hflp>'i1ru•w.J1J.\ stt.Jtr: tr us Phonc:C512)46J-5555 Fa.; (512) 463-5709 Dial: 7-1-1 for Rcloy Smiccs Prepilrt!d bj·~ Virg:infa Tobia~ TIO: IOJ40 Uocumenr 54;673350002 Form642 This space reserved for office (Revised 05/11) use. Return in duplicate to: Secretary of State P.O. Box 13697 Certificate of Conversion Austin, TX 78711-3697 ofa 512 463-5555 Limited Partnership Converting FAX: 512 463-5709 to a Filing Fee: See instructions Limited Liabili Converting Entity Information The name of the converting limited partnership is: Spark Energy, L.P. The jurisdiction offonnation of the limited partnership is: Texas --~------~ The date of formation of the limited partnership is: ------2/512002 The file number, if any, issued to the limited partnership by the secretary of state is: 800052932 Converted Entity Information The limited partnership named above is converting to a limited liability company. The name of the limited liability company is: Spark Energy, LLC The limited liability company will be fanned under the laws of: _T_c_xa_s______ Plan of Conversion ~The plan of conversion is attached. Ifthe plan ofcani·er:rion fr 1101 atJachcd, thcfo/luwing s1..•c1ion must be complt:ted Alternative Statements In lieu of providing the plan of conversion, the converting limited partnership certifies that: I. A signed plan of conversion is on file at the principal place of business of the limited partnership, the converting entity. The address of the principal place of business of the limited partnership is: Strccl or Afailing Addrcsr City State Co11t1t1y Zip Code 2. A signed plan of conversion will be on file after the conversion at the principal place of business of the limited liability company, the converted entity. The address of the principal place of business of the limited liability company is: Stn:el or Afaili11g Address City Stare Cou11try Zip Code 3. A copy of the plan of conversion will be furnished on written request without cost by the converting entity before the conversion or by the converted entity after the conversion to any owner or member of the converting or converted entity. Fonn64l 4 Certificate of Formation for the Converted Entity If the converted entity is a Texas limited liability company, the certificate of formation of the Texas limited liability company must be attached to this certificate either as an auaclunent or exhibit to the plan of conversion, or as an attachment or exhibit to this certificate of conversion ifthe plan has not been attached to the certificate of conversion. Approval of the Plan of Conversion The plan of conversion has been approved as required by the laws of the jurisdiction of formation and the governing documents of the converting entity. Effectiveness of Filing (Sdec1 cilh A. IZJ This document becomes effective when the document is accepted and filed by the secretary of state. B. 0 This document becomes effective at a later date, which is not more than ninety (90) days from the date of signing. The delayed effective date is: C. D This document takes effect upon the occurrence of the future event or fact, other than the passage of time. The 90th day after the date of signing is: ~~~~~~~~~~~~~~~~ The following event or fact will cause the document to take effect in the manner described below: Tax Certificate Attached hereto is a certificate from the comptroller of public accounts that certifies that the IZI converting entity is in good standing for purposes of conversion~ In lieu of providing the tax certificate, the limited liability company as the converted entity is 0 liable for the payment of any franchise taxes. Execution The undersigned signs this document subject to the penalties imposed by law for the submission of n materially false or fraudulent instrument. The undersigned certifies that the statements contained herein are true and correct, and that the person signing is authorized under the provisions of the Business Organizations Code to execute the filing instrument. Date: M4tj ao, ~I:-/ Gil M~chalfofSpark Energy, LP. Sighature of authorized person (sec instructions} Gil Melman, Vice President/General Counsel Printed or typed name of authorized person 5 ACTION BY WRITTEN CONSENT OF PARTNERS OF SPARK ENERGY, L.P. Pursuant to the authority contained in the Texas Business Organizations Code, the undersigned, being all of the partners of Spark Energy, L.P., (the "Partnership"), a Texas limited partnership, hereby take and adopt the following actions in writing on behalf of the Partnership: Approval of Conversion WHEREAS, the partners of the Partnership have determined it is in the best interests of the Partnership to convert the Partnership into a Texas limited liability company. NOW, THEREFORE, BE IT RESOLVED, that the Plan of Conversion of this Partnership from a Texas limited partnership to a Texas limited liability company, substantially in the form attached hereto as Exhibit A and incorporated herein for all purposes, be and it hereby is adopted and approved. FURTHER RESOLVED, that tbe General Partner of this Partnership be, and it hereby is, authorized and directed to take such action as is necessary or desirable to implement the Plan of Conversion, including the preparation, execution and filing of a Certificate of Conversion with the Secretary of State of the State of Texas. FURTHER RESOLVED, that the General Partner be, and it hereby is, authorized and directed on behalf of this Partnership to retain appropriate attorneys and others and to pay such fees and expenses and to make, execute and deliver, or cause to be made, executed and delivered, all such agreements, documents, instruments and other papers and to do or cause to be done all such acts and things, in the name and on behalf of this Partnership and under its seal or otherwise, as may be deemed necessary, appropriate or desirable to effectuate or carry out the purposes and intent of the foregoing resolutions. The undersigned direct that this consent be filed with the records of the Partnership. Date: May 1Q,°1o14. GENERAL PARTNER: SPARK ENERGY HOLDINGS, LLC. a Texas Ii ited liability com any LIMITED PARTNER: SPARK ENERGY VENTURES, LLC, a Texas lim" d liability company .20140514 ~SE _Plan ofConverstion 2 EXHIBIT A Plan of Conversion PLAN OF CONVERSION OF SPARK ENERGY, L.P. I. Adoption of Plan. SPARK ENERGY, LP. hereby adopts this plan of conversion in order to convert to a limited liability company named "SPARK ENERGY, LLC.'' 2. Domestic Entities. The following are the domestic converting and converted entities that are a party to the conversion: A. SPARK ENERGY, L.P., a Texas limited partnership (the "Converting Entity"); and B. SPARK ENERGY, LLC, a Texas limited liability company (the "Converted Entity"). 3. Continuation of Existence. Upon the conversion, the Converting Entity shall continue in its existence in the organizational form of the Converted Entity, which shall be a Texas limited liability company organized under the Texas Business Organizations Code and all of the rights, privileges and powers of the Converting Entity, and all property, real, personal and mixed, and all debts due to the Converting Entity, as well as all other things and causes of action belonging to the Converting Entity, shall remain vested in the Converted Entity and shall be the property of the Converted Entity, and the title to any real property vested by deed or otherwise in the Converting Entity shall not revert or be in any way impaired by reason of this conversion; but all rights of creditors and all liens upon any property of the Converting Entity shall be preserved unimpaired, and all debts, liabilities and duties of the Converting Entity shall remain attached to the Converted Entity, and may be enforced against it to the same extent as if said debts, liabilities and duties had originally been incurred or contracted by it in its capacity as a Converted Entity. The conversion of the Converting Entity into the Converted Entity shall not be deemed to affect any obligations or liabilities of the Converting Entity incurred prior to its conversion to the Converted Entity, or the personal liability of any person incurred prior to such conversion. 4. Conversion of Ownership Interests. Upon the conversion, the limited partnership interest and the general partnership interest of the Converting Entity shall be exchanged and converted into the limited liability company membership interests in the Converted Entity in the same ratio between the limited and general partners of the Converting Entity and with the same beneficial ownership rights as in the Converting Entity as more fully reflected in the Agreement of Limited Partnership of the Converted Entity. 5. Certificate of Formation. Attached hereto as Exhibit A is the Certificate of Formation of the Converted Entity. 6. Effective Date. The conversion will become effective upon the filing of the Certificate of Conversion with the Secretary of State of the State of Texas. 7. Tax Status. The Converted Entity shall be taxed as a partnership as provided under the U.S. Treasury Regulations, §301.7701-1 and §301.7701-2. Dated: May Ji]_, 2014. SPARK ENERGY, L.P., a Texas Jimit?!a;:1:~? By:~~ Name: tlilMCil1lW1 Title: Vice President & General Counsel 2 EXHIBIT A Certificate ofFonnalion of Converted Entity This space reserved for office use_ Form 205 (Revised 05/11) Submit in duplicate to: Secretary of State P.O. Box 13697 Certificate of Formation Austin, TX 78711-3697 Limited Liability Company 512 463-5555 FAX: 512 463-5709 Fllln Fee: S300 Article I - Entity Name and Type The filing entity being formed is a limited liability company. The name of the entity is: SPARK ENERGY, LLC The name must conra!n the \\urds "limited liabilily company,·· '1limi1cd compnny," or an nbhn:\ia!ion of one offhesc phrnscs Article 2 - Registered Agent and Registered Office {Sl."C instructions. Select 3.nd comple1c ei1hcr A or B und comp1cte C_) IZJ A. The initial registered agent is an organization (canno1 Ii< cnrny named alxwc) by the name of: Corporntion Service Company ("CSC") OR 0 B. The inilial registered agent is an individual resident of the state whose name is set forth below: First Name Ml last Name Suffer C. The business address of the registered agent and the registered office address is: 211 East 7th Street, Suite 1,1.o Austin TX 78701 Srre.:1 A.ddres.r City Start• Zip Code Article 3-Govcrning Authority (Sclct"t nnd con1plclt: ~A or B nnd pruviJc !ht: name and address ofl!1lch governing person) 0 A. The limilcd liability company will have managers. The name and address of each initial manager are set forth below. 0 B. The limited liability company will not have managers. The company will be governed by its members, and the name and address of each initial member are set forth below. GOVERNING PERSON I NA?\IE {Enter the name of either an individual or Ill! 01i;::aniz:l1[011, liut trot both J IF INUl\'IDUAL First Name Ml last Niimc Suffu OR JFORG,\!'ilZATION SPARK ENERGY HOLDINGS, LLC Organi:.atlon /\'am!! ADDRESS 2105 CityWest Blvd., Suite I 00 Houston TX USA 77042 S1rce1 or Atailine Addras Citv Slate Counln' Zio Code form 205 GOVERNING PERSON 2 ;<\,-\:\IE (Enrcr the r.:lmi: ofc11hcr :m 111!.11v1du.ul nr an org:in11.lll1tm, but Ml both I IF 17\DIVIOll.\L First Yam<" Ill La11 ,\'umt: Suffix OR JFOHGA,IZATIO'.\O Organi:atlon ,\(:me AO DRESS Street or ,\/atlin;z ,Jddn!sr Ci11 Stat~ Co11111n Zip Code GOVERNING PERSON 3 ;\",.\:\I£ (£r.1cr 1hc namcnfc1t!ll.'r an mJnulu:il or 1.m orgamr.11mn hut r.01 \xi!h) JF i:-101\-llHIAL First Aamf! Ill last \amc Suffix OR ff ORGA "\li'.• ATIO\: Orga11i:a1io11 ,\ami: All!lllESS Srrt!ct or ,\failinf! :lddr,•sr Cit• Stal!' Camur1 Zio Code Arlicle 4 - Purpose The purpose for which the company is formed is for the transaction of any and all lawful purposes for which a limited liability company may be organized under the Texas Business Organizations Code. Supplemental Prm·isions/lnformation Tc\t Arca: !The uum:hcU addendum. ffun\. is incomoraled tu:rcin tn rcfcrcncc.f This entity is being formed pursuant to a Plan of Conversion, wherein Spark Energy, LP., a Texas limited partnership, filed with the Texas Sccrciary of State on February 5, 2002, whose principal place ofbusioess is 2105 CityWest Boulevard, Suite !00, HotLS!On. Texas 77042, is requesting it be converted to Spark Energy, LLC, a Texas limited liability company whose principal place of business will remain the same. Organizer The name and address of the organizer: Gil Melman, Vice Presidenl & General Counsel Name 2105 CilyWest Blvd., Suite JOO Houslon TX 77042 St"ct 01· ,\failing Address Ciry• Stale Zip Cade Effectiveness of Filing (Sde A. IZJ This document becomes effective when the document is filed by the secremry of state. B. 0 This document becomes effective at a later date, which is not more than ninety (90) days from the date of signing. The delayed effective date is: C. 0 This document takes effect upon the occurrence of the future event or fact, other than the passage of time. The 9011> day after the date of signing is: ~~~~~~~~~~~~~~~~- The follow in!! event or fact will cause the document to take effect in the manner described below: Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by Jaw for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized lo execute the filing instrument. Date: Sig:J6turc of organizer Gil Melman, Vice President & General Counsel Prmlcd or typed name of organizer F'onn 205 6 TEXAS COMPTROLLER of PUBLIC ACCOUNTS P.O,Sox 13526. AUSTIN, TX 76711<3528 ~,._y.«C'g\.::\- i~~I~ K• l'l:1v.,•_.1. ~ May 19, 2014 SPARK ENERGY, L.P. 2105 CITYWEST BLVD STE 100 HOUSTON TX 77042-2855 CERTIFICATE OF ACCOUNT STA TUS THE STATE OF TEXAS COUNTY OF TRAVIS I, Susan Combs, Comptroller of Public Accounts of the State of Texas~ DO HERESY CERTIFY that according to the records of this office SPARK ENERGY, L.P. is, as of this date, in good standing with this office for the purpose of ending its existence, having filed the required franchise tax reports and having paid the franchise tax computed to be due through 12/31/2014. GIVEN UNDER MY HAND AND SEAL OF OFFICE in the City of Austin, this 19th day of May, 2014 A.D. Susan Combs Texas Comptroller Taxpayer number: 32008505284 File number: 0800052932 NOTE Failure by Texas entities to legaHy end existence with the Texa!l Seaetary of State on or before the expira!lon or th ls certificate, will result In additional franchise tax respansibilfties_ Texas entitles not registered with the Texas Secretary of State and all out of state entitles are responsible for rrandl!sc tax through the last date or business !n this state_ r Exhibit: Proof of Publication BREEZE COllRI ER ...... ')1') s·· M·di[) · •.s··t TAYLflHVlLLE, IL 621f>B 217-H2·'1-~:211 27120011,0,b01 06/27/3017 14:12 Sale Trans~: ~ Batch;: 106 VISA Ma1111 Besp: CAPTllflE 1 I · (><1 P : ·.,,010s·. 1 Ht~f #: 002')12~(1 CVV Hsp: M-CVV2 Matcht>s AVS Hsp: Y-ADDHESS AND PUSTAL CODE MATCH Tha1d.: You 11 1 ea s 1~ ( · nm P 1' g a i II ! CUSTOMER COPV Edwin Dearman From: Tracy Marshall Importance: High Good afternoon, This email is confinnation that your legal notice will publish on Wednesday, June 27; Wednesday, July 5; Wednesday, July 12. Certificate of Publication will be mailed to you after the last publication day. Credit card payment receipt is attached to confirm that the legal notice is paid for. The original receipt will be mailed along with the Certificate of Publication. Tracy Marshall, Classifieds/Legals I Breeze-Courier & Printing 212 S Main Street, Taylorville, IL 62568 I T: 217-824-2233 I F: 217-824-2026 PO Box 440 I [email protected] On Jun 27, 2017, at 11:44 AM, Edwin Dearman wrote: Hi Tracy, I'd like for the following publications to run for three successive weeks: Spark Energy, LLC, formerly known as Spark Energy, LP (Docket No: 08-0020), filed an application with the Illinois Commerce Commission for certificate of service authority pursuant to Section 16-115 of the Public Utilities Act to be certified as an alternative retail electric supplier on June 5, 2017. Spark Energy Gas, LLC, formerly known as Spark Energy Gas, LP(Docket No: 04-0069), filed an application with the Illinois Commerce Commission for certificate of service authority pursuant to Section 19-110 of the Public Utilities Act to be certified as an alternative gas supplier on June 7, 2017. Please share costs, publications dates, etc... Thanks, Exhibit: Proof of Designated In-State Agent Notification Electric MANDATORY IMPORTANT NOTICE The Illinois Commerce Commission requires the completion and submission of this Form pursuant to 83 Ill. Adm. Code 215. Disclosure of this information is mandatory. Failure to provide this information could result in a fine of not less than five hundred dollars nor more than two thousand dollars. See Section 5-202 of the Public Utilities Act [220 ILCS 5/5-202]. RETURN TO: Chief Clerk Illinois Commerce Commission 527 East Capitol Ave. Springfield, IL 62701 CHIEF EXECUTIVE OFFICER AND DESIGNATED AGENT FORM (Pursuant to 83 Ill. Adm. Code 215) Return on or before January 31, 2017 This information listed below is the current data reflected on the records of the Illinois Commerce Commission. Each utility is required to provide the name, address, zip code, telephone number, any facsimile number and any e-mail address of their respective Chief Executive Officer and Designated Agent. Make any additions or deletions as needed. Thank you. Corporate Name Chief Executive Officer In-State Designated Agent Commonwealth Edison Company Anne R. Pramaggiore Veronica Gomez 440 S. LaSalle, 33rd. Fl. Sr. Vice President & General Counsel Chicago IL 60605 Commonwealth Edison Company Phone: (800) 483-3220 440 S. LaSalle St., Ste. 3300 Fax: (312) 394-5219 Chicago IL 60605 E-Mail: [email protected] Phone: (800) 483-3220 Fax: (312) 394-8322 E-Mail: [email protected] Notify the Chief Clerk of the Commission within fifteen (15) days of any change in the Chief Executive Officer or Designated Agent. Indicate on this form if you wish to also name an Out-of-State Designated Agent to receive notices and orders. ICC Form No. 524-0257 empower what matters June 28, 2017 Veronica Gomez Sr. Vice President & General Counsel Commonwealth Edison Company 440 S. LaSalle St., Ste. 3300 Chicago IL 60605 RE: Proof of Notice of Intent to Serve Residential & Small Commercial Electricity Customers Dear Ms. Gomez, Pursuant to the above-referenced provision, Spark Energy, LLC (formerly Spark Energy, LP) hereby submits notice of intention to provide electric service in The Commonwealth Edison Company ("Com Ed") service territory, under the name Spark Energy, LLC. This correspondence serves as official notification that Spark Energy, LLC will at some point in time provide service to customers in the Commonwealth Edison Company service area once the Com Ed Billing Service Agreements reflecting the name change are executed, and will apply for certification as an Alternative Retail Electric Supplier under the name Spark Energy, LLC, from the Illinois Commerce Commission. Sincerely, Edwin Dearman, Senior Manager, Regulatory {832} 320-2928 [email protected] 12140 Wickchester Ln, Suite 100, Houston, TX 77079 Attachment C RET.Ail. ELECTRIC SUPPLIER AGBEEMENT This Re1ail Electric Supplier Agreement (the "Agreement''), dated as ofFebruary 27, 2ooe (the ''Effective Date'') is entered into by and between Commonwealth Edison Company (the "Company'') and Spark Energy, L. P. the "Retail Electric Supplier"). RECITAL§ A. The Company is required to offi:r, as tariffed services, delivery services in accordance with Article XVI of the Public Utilities Act (such Act, as it may be ameoded from ti me to time, the "Act''). B. The Company has filed with the Illinois Commerce Commission (the "JCC'), and the ICC has approved, (i) Rate RESS7-Rctail Electric Supplier Service 2007(such Rate, as it may be amended from time to time, "Rate RESS7''), (ii) Rate RDS-Retail Delivery Service (such Rate, as it may be amended from time to time, "Rate RDS'), (iii) Rider SB07-Siogle Bill Option 2007 (such Rider, as it may be amended from time to time, "Rider SB07"), (IV) Rider PPO MVM ·Power Purchase Option (Market Value Methodology) (such Rider, as it may be amended from time to time, "Rider PPO-MVM''), (v) Rider TS-CPP ·Transmission Service (Competitive Procurement Process) (such Rider, as it may be amended from time to time, "Rider TS-CPP"), (vi} General Tenns and Conditions, and (vii) all other applicable rates, riders and tariffs of the Company on file with the ICC that apply to Retail Customers, as such tenn is defined in the Act, and the Retail Electric Supplier (the foregoing documents, as they may be amended from time to time, collectively the "State Tariffs"). C. The Federal Energy Regulatory Commission ("FERC") has accepted open access lransrnission tariffs governing transactions over the transmission facilities located in the Company's service territory (such tariffs, as the same may be amended from time to time, together with any other applicable tariff on file with the FERC governing transactions over the transmission facilities located in the Company's service territory, the "Federal Tariff"). D. Each of the parties to this Agreement is willing to undertake their respective applicable obligations set forth in the Act, the State Tariffs, the Federal Tariff and this Agrccmcnl AGREEMENT NOW, THEREFORE, the parties agree as follows: I. Definitions. Certain terms used herein are defined in Exhibit A. 2. Services. (a) Each of the Company and the Retail Electric Supplier hereby agree to perform and satisfy all obligations which apply to it, with respect to the Designated Retail Customers and the Company's Delivery Services to such Designated Retail Customers, which arise under the Act, the Slate Te.riffii and the Federal Te.riff. (b) Pursuant to the tel'Illll of the Act, the State Te.riffs, the Federal Tariff, and this Agreement, the Company will deliver electric power and energy sold to the Designated Retail Customers by the Refllil Electric Supplier. (c) The Company shall provide Delivecy Services to the Designated Retail Customers, at the points of service, identified by the Retail Eleclric Supplier on notices containing the information required in Rates RDS and RESS7 and provided by the Retail Electric Supplier to the Company from time to time in accordance with Rates RDS and RESS7. Such Delivery Services shall commence on the date determined in accordance with Rate RDS. (d) (i) The Company shall cease to provide Delivery Services to a Designated Retail Customer pursuant to this Agreement, and such customer shall no longer be a Designated Retail Customer for purposes of this Agreement, ifthe Retail Electric Supplier either: (A) by notice to the Company in accordance with Rates RDS and RESS7 notifies the Company that such Designated Retail Customer is no longer to purchase electric power and energy from the Retail Electric Supplier; or (B) ceases to take service under Rate RESS7. (ii) The Company shall also cease to provide Delivery Services to a Designated Retail Customer pursuant to this Agreement, and such customer shall no longer be a Designated Retail Customer for purposes of this Agreement, if (A) the Company receives an authorization from a different ARES or Illinois electric public utility indicating that such Designated Retail Customer has authorized such ARES or public utility to provide electric power and energy supply services to such Designated Retail Customer, or (B) the Company receives an authorization that such Designated Retail Customer has elected pursuant to Rate RDS to return to the Company's bundled utility tariffed service or service under Rider PPO-MVM, or (q either the Company or the Retail Electric Supplier terminates !his Agreement pursuant to Section 8, or {D) such Designated Retail Customer ceases ID do business at the location served by the Company or sells all or substantially all of its assets at such location to another person or entity. (iii) The date on which the Company shall cease to provide Delivery Services to a Designated Retail Customer pursuant to this Section 2(d) shall be the date determined in accordance with Rate RDS. (e) The Retail Electric Supplier shall deliver to the Company (i) the electric power and energy to be delivered to the Designated Retail Customers that agree to purchase , electric power and energy from the Retail Electric Supplier, plus (ii) losses on the transmission facilities serving the Company's service area as described in the Federal Tariff, plus (iii) losses on the Company's distribution facilities as described in Rate RDS. (f) The Retail Electric Supplier shall comply with the Company's interconnection requirements as applicable and set forth in the Company's "The Blue Book· Guidelines for Interconnection of Generation to the ComEd System," or the "The DO Book~ 2 Guidelines for Interconnection of Distributed Generation to the CornEd System", and with applicable regulations of the FERC and the ICC governing interconnection, In each case, as they may be amended from time to time, and any and all applicable interconnection agreements by entities with functional control of the transmission or distribution facilities within the Company's service territory. 3. federal Tariff. The Retail Electric Supplier must be a Transmission Customer for purposes of the Federal Tariff. The Retail Electric Supplier shall execute and deliver to the provider of transmission services in the Company's service territory (the "Transmission Provider") all applications, agreements and other documents required by the Federal Tariff and shall deliver copies thereof lo the Company. 4. R;liabilitv; Scheduling. (a) The Retail Electric Supplier shall comply with all applicable and appropriate federal, state, regional and industry rules, policies, practices, procedures and tariffs for the use, operation, maintenance, safety, inlegrity, and reliability of the interconnecled electric transmission sYstem (including the applicable and appropriate rules and operating guidelines and procedures of the regional or national electric reliability council(s) or organization(s) and their successor and the OASIS reservation process) and shall agree to submit good faith schedules of transmission and energy in accordance with applicable tariffs. (b) The outage information provided by the Company on its outage screen on its Internet website is intended to provide the Retail Electric Supplier with information concerning the general geographic location of outages on the Company's distribution sYstem. It is the responsibility of the Retail Electric Supplier to verify whether its Designated Retail Customers arc or are not actually receiving electric power and energy, and to adjust its schedules accordingly. Under no circumstances will the Company be responsible for identifying individual Designated Retail Customers without electric power and energy. 5. Electronic Data Interchange C"EDl"l System. The Retail Electric Supplier shall execute and deliver to the Company the Company's standard EDI Agreement and shall thereafter comply with the terms of such agreement. 6. Retail Customer Billing. (a) lfthe Retail Electric Supplier elects to send a single bill to any Designated Retail Customers for its services and the Delivery Services provided by the Company, each of the Company and the Retail Electric Supplier shall execute and deliver to the other party the Company's Rider SB07 Contract Addendum. (b) If the Retail Electric Supplier elects to send a single bill to any Designated Retail Customers for its services and the Delivery Services provided by the Company, then the Retail Electric Supplier shall indicate such election in the Direct Access Service Requests ("DASRs") for the Designated Retail Customer that are identified in such DASRs. (c) lfthe Retail Electric Supplier elects to send a single bill to any Designated Retail Customers for its services and the Delivery Services provided by the Company, the Retail Electric Supplier shall remit payments due the Company from such Designated Retail Customers 3 9/tl< .. in accordance with Rider SB07 and the Remittance Option Selection designated by the Retail Electric Supplier on the Rider SB07 Contract Addendum described in Section 6(a) above. (d) If the Retail Electric Supplier elects to send a single bill to Designated Retail Customers for its services and the Delivery Services provided by the Company, the Company shall be entitled to disconnect any Designated Retail Customer that fails to pay for tariffed services in the same manner that the Company would be entitled if the Company bad billed for the services itself. 7. Payment. (i) The Retail Electric Supplier shall pay to the Company (A) all fees, charges and rates set forth in Rate RESS7, at the times set forth in Rate RESS7, which are to be paid to the Company by the Retail Electric Supplier; plus (B) all fees, charges and rates set forth in any other applicable rate, rider or tariff (as the same may be amended, deleted or added from time to time}, at the time~ set forth in such rate, rider or tariff, which arc to be paid to the Company by the Retail Electric Supplier. (ii) The Company shall bill the Retail Electric Supplier for such fees, charges and rates in accordance with Rate RESS7 and other applicable rates, riders and tariffs (as the same may be amended, deleted or added from time to time). 8. Terro; Termination. (a) The term of this Agreement shall commence on the Effective Date and shall tenninate on the earlier of: (i) the date which is 24 months after the Effective Date; provided that, unless either party provides 60 days' prior written notice to the other of its determination that this Agreement shall terminate on such date (or at the end of any renewal term), this Agreement shall automatically be renewed for a period of 12 months; (ii) the date tennlnated pursuant to Section 8(b). (b) The parties may terminate this Agreement as follows: (i} The Retail Electric Supplier shall have the right to terminate this Agreement, and to discontinue service hereunder and all other services from the Company, pursuant to the provisions of the section of Rate RESS? entitled "Term of Contract and Termination Provisions." (ii) The Company shall have the right to terminate this Agreement, and to discontinue providing service hereunder and all other services to the Retail Electric Supplier, pursuant to the provisions of the section of Rate RESS7 entitled "Term of Contract and Termination Provisions." (c) Upon termination or expiration of this Agreement: (i) all obligations of the parties hereunder (including the Company's obligation to provide Delivery Services to the Designated Retail Customers pursuant to this 4 Agreement) shall tenninate, except for those obligations under the State Tariffs, the Federal Tariff or this Agreement which expressly arc to be pcrfonned after expiration or termination of this Agreement; (ii) the requirement to pay any and au wtpaid fees and charges shall survive termination or expiration of this Agreement; (iii) the Retail Electric Supplier shall submit notice to the Company in accordance with Rates RDS and RESS7 notifying the Company that the Designated Retail Customers will no longer purchase electric power and energy ftom the Retail Electric Supplier, which notice shall be effective on or prior to the effective date of the termination or expiration of this Agreement and shall be supplied for each Designated Retail Customer for which it has heretofore been providing electric power and energy supply services under this Agreement. 9. Certifications. (a) The Retail Electric Supplier hereby certifies and wamnts to the Company that: (i) the Retail Electric Supplier is either (A) an Alternative Retail Electric Supplier with a certificate of service: authority issued by the ICC in accordance with 83 Illinois Adminislrative Code Part 451 and Sections 16-115 and 16-1 ISA of the Act, or (B) an lllinois electric utility as defined in the Section 16-102 of the Act and in compliance wlth Sections 16-l 15A and 16-116 of the Act; (ii) the Retail Electric Supplier has performed or satisfied each of the Prerequisites for Service set forth in Rate RESS7; (iii) the information set forth in the Retail Elcctric Supplier's application to the ICC with respect to the Retail Electric Supplier, is true and correct; (iv) (A) all Designated Retail Customers of the Retail Electric Supplier: (x) shall be entitled to receive Delivery Services pursuant to Section 16-104 of the Act and Rate RDS, and (y) shall have delivered to the Retail Electric Supplier written verifiable authorization as required by Section 16-1 ISA(b) of the Act, and (B) such authorization authorizes the Retail Electric Supplier to provide electric power and energy to such customer; and (v) the Retail Electric Supplier is a Transmission Customer under the Federal Tariff and has submitted to the Transmission Provider the completed application, any agreement end any other document required by the Federal Tariff and has delivered copies thereof to the Company. (b) Each party represents and warrants that (i) it has the full power and authority to execute and deliver this Agreement and to perform its terms and conditions; (ii) the execution, delivery and performance of this Agreement has been duly authorized by all necessary corporate or other action by such party; (iii) this Agreement has been duly executed and s 9/04 delivered; and (d) this Agreement constitutes such party's legal, valid and binding obligation, enforceable against such party in accordance with its terms. 10. Contidentjalitv (a) Neither party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such party, without the express prior written consent of lhc other party. As used herein, the term "Confidential Information" shall include, but not be limited to, (i) all business, fmancial, and commercial information pertaining to the parties, suppliers for either party, personnel of either party, and any trade secrets, (ii) unless the Designated Retail Customer otherwise agrees, all business, financial and commercial information pertaining to the Designated Retail Customer, the demand and energy of the Designated Retail Customer, and the charges to the Designated Retail Customer, and (iii) other information of a similar nature, in each case whether written or in intangible form. Confidential Information shall not include information known to eilher party prior to obtaining the same from the other party, information in the public domain, or information obtained by a party from a third party who did not, directly or indirectly, receive the same from the other party to this Agreement or from a lhird party who was not wider an obligation of confidentiality to lhe other party to this Agreement, or information developed by either party independent of any Confidential Information. The receiving party shall use reasoDBble care to prevent wiauthorized use or disclosure of such Confidential Information. (b) Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (i) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory aulhority; and (ii) prior to such disclosure, to the extent lawful and pnu:ticable, the other party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and lhe seeking ofany injunction to prohibit such disclosure. (c) The provisions of this Section 10 shall survive the termination of the Designated Retail Customer's status as a Designated Retail Customer and the expiration or termination of this Agreement. 11. Notices. (a) Except as specified in Rates RDS and RESS7, all notices under this Agreement (other than invoices for amounts due the Company under this Agreement) must be in writing and sent via United States registered mail; prepaid certified mai~ return receipt requested; courier or facsimile; or may be hand delivered to the respective party at its address set forth below. Notices will be effective on the date received. Notices sent by United States registered mail, certified mail, courier or hand delivery will be deemed received on the date of delivery; notices sent by facsimile will be deemed received on the date transmitted: 6 .. To the Company: Exelon Business Service Company Legal Services 10 S. Dearborn Chicago, Illinois 60603 Facsimile No: 312-394-3950 with a copy to: Electric Supplier Services Manager Commonwealth Edison I919 Swift Drive Oak Brook, Illinois 60523 Facsimile No: 630-{;84-3395 To the Retail Electric Supplier: Spark Energy, L.P. 3010 Briar Park. suite 550 Houston, TX 77450 Facsimile No. 877-454-5209 Attention: Legal Department All amounts due to the Company under this Contract must be sent either electronically as described in the Electronic Billing section of the Company's General Terms and Conditions or via United States mail to the address set forth below: Commonwealth Edison Company Bill Payment Center Chicago, IL 60668-000 I (b) The address to which notices or invoices shall be mailed may be changed from time 10 time by either party by notice served as hcreinabovc provided. (c) The Retail Electric Supplier shall designate on the Supplier Registration Fann the person(s) to be contacted with respect to specific operatiolllll matters relating to Delivery Services. The Retail Electric Supplier shall be entitled to specify any change to such person(s) upon written notice to the Company. (d) The Retail Electric Supplier shall notify the Company of any change in its name or in its ICC cenification, in each case on or before the effective date of such change. 1 .. 12 ~· In the event that the Retail Electric Supplier rents one or more meters from the Company during the tenn ofthis Agreement for or with respect to one or more Designated Retail Customers, and if the Designated Retail Customer ceases talclng electric power or service from the Retail Electric Supplier or this Agreement tcnninatcs, the Retail Electric Supplier shall either (a) pay the Company for the removal of such meters, or (b) continue to pay the Company the rentals for such meters until such meters arc removed. 13. °'1neral. (a) This Agreement (i) may be executed in multiple counterparts, each of which shall be deemed an original and which, taken together, shall be deemed to express the single agreement of the parties; (ii) shall not be altcicd or amended except by an instrument in writing executed by authorized representatives of the parties; (iii) constitutes the entire agreement and merges and supersedes all prior agreements, understandings, and negotiations, both written and oral, between the parties with respect to the subject matter ofthis Agreement; (iv) is binding upon and inures to the benefit of the parties and their respective successors and pennitted assigns; (v) docs not confer any rights upon any person other than the parties and their respective successors and pemtltted assigns; and (vi) shall be governed by and construed in accordance with the laws of the State ofI!linois without regard to conflict oflaws principles. Any provision of this Agreement which is prohibited or unenforceable in a specific siwation in any jurisdiction shall not affect the validity or enforceability of: (a) that provision in another situation or in any other jurisdiction, or (b) the other provisions of this Agreement if such other provisions could then continue to conform with the purposes of this Agreement and the terms and requirements of applicable law. A waiver by either party ofany default by the other party ofthis Agreement shall not be deemed to be a continuing waiver or a waiver of any other provision of this Agreement, but shall apply solely to the instance to which the waiver is directed. The parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement (b) (i) Neither party to this Agreement shall assign any of its rights or obligations under this Agreement, except with the prior written consent of the other party. No assignment of this Agreement shall relieve the assigning party ofany of its obligations under this Agreement Any assignment in violation of this Section 13(b) shall be void. (ii) Notwithstanding the provisions of the foregoing Section 13(b), (A) either party may subcontract its duties under this Agreement to a subcontractor, provided that the subcontracting party shall remain fully responsible as a principal and not as a guarantor for performance of any subcontracted duties and shall serve as the point of contact between its subcontractor and the other party. If either party subcontracts any of its duties hereunder, it shall cause its subcontractors to perfonn in a manner which is in conformity with that party's obligations under this Agreement, and (B) I.he Retail Electric Supplier may, without the consent of the Company but with prior notice to the Company, assign this Agreement to another entity that (x) succeeds to all or substantially all of the assets and operations of the Retail Electric Supplier, and (y) satisfies and meets all the standards and requirements as set forth in this Agreement, the Act, the State Tariffs and the Federal Tariff. (c) (i) Each party shall perform its obligations under lhis Agreement as an independent contractor. 8 .. ' (ii) Unless specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities ofthe parties arc intended to be severable and not joint or collective. Nothing contained In this Agreement shall ever be construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability on or with regard to either party. Each party shall be liable individually and severally for its own obligations under this Agreement 14. Qther Terms. All provisions of the Act, the State Tariffs and the Federal Tariff shall apply to the Designated Retail Customers and the Delivery Services to be provided to such Designated Retail Customers. Without limiting the foregoing, if a matter or item is addressed in the Act, the State Tariffs or the Federal Tariff but is not specifically addressed herein, the treatment of such matter or item as set forth in the Act, the State Tariffs or the Federal Tariff shall apply. If a conflictc1tis1S or develops between the provisions of this Agreement (on the one hand) and the Act, the State Tariffs, or the Federal Tariff(on the other hand), then the provisions of the Act, the State Tariffs or the Federal Tariff shall prevail. In Witness Whereof, the parties have executed this Agreement as of 02/27 /2008, FOR THE COMPANY: FOR THE RETAIL ELECTRIC SUPPLIER: ~o.,,a1e~:.....,,3 /"""""'"'e; /~o 6~"'--(n:e:'1m~ _p-,£..z 1,, =· .·--1 (_ ~ Ll~ ~ Accepted By (Signature) Accepted By (Signature) 5 /f;pf/e)..J l. Lf:S,<.,1 IA K Michael Osowski Print Name Print Name i:itl.e'C~e It ..R;z:z_ 'Jiee President; Energy Acquisition Senior Vice President Official Capacity (Authorization) Official Capacity (Authorization) Spark Energy. L.P. Title & Company moaowski®sparkenerqy.com Email Address 9 .. EXHIBITA Definitions. For purposes of this Agreement, the following tenns shall have the following meanings: (i) "ARES" shall have the meaning set forth in the Act (ii) ''DASR" shall have the meaning set forth in Rate RESS7. (iii) "Delivezy Services" shall have the meaning set forth in the Act and Rate RDS. (iv) "Eligible Customer'' shall have the meaning set forth in the Federal Tariff. (v) "Retail Customers" shall have the meaning set forth in the Act (iv) "Designated Retail Customers" shall mean those Retail Customers eligible to take delivezy services under Section 16-104 of the Act and who have been identified from time to time on unrcscinded DASRs sent by the Retail Electric Supplier to the Company as Retail Customers who have agreed to purchase electric power and energy supply services from the Retail Electric Supplier (but excluding those Retail Customers deleted from time to time as described in Section 2(d)(i) and (ii)). ELECTRONIC DATA INTERCHANGE (EDI) TRADING PARTNER AGREEMENT This Electronic Data Interchange ("EDI") Trading Parmer Agreement (the "EDI Agreement") is effective as of November 18 2010 , by and between Commonwealth Edison Company, an Illinois corporation and a utility providing electricity delivery services (the "Company", "Delivery Services Provider" or "DSP"), and Spa11< Energy, L.P , a ------corporation and a Retail Electric Supplier ("RES") or Metering Service Provider ("MSP'1, with offices at 2105 CttyWest BoulllVll!d, suite 100. ~ouston. TX 77042 (the DSP and RES or MSP individually a "Party", and collectively, "Parties"). RECITALS The DSP and RES or MSP desire to facilitate the exchange of certain business transactions as specified by the Illino~ Communication Protocols Working Group ("CPWG") by electronically transmitting and receiving data in agreed upon formats and to ensure that such electronic transactions are legally valid, binding and enforceable. AGREEMENT NOW TI:IEREFORE, in consideration of mutual promises and covenants contained herein and other good and valuable consideration, the receipt of which is hereby aclmowledged, the Parties, intending to be legally bound hereby, hereto agree as follows: I. Prerequisites. (a) Electronic transactions. Each Party shall electronically transmit to or receive from the other Party those electronic tr!!llSactions which are (i) created and issued by the DSP, and (ii) compliant with the CPWG EDI Implementation Guides and standards as specified by the CPWG. By separate agreement, the Parties may conduct other electronic transactions. Electronic transaction implementation guidelines may be amended from time to time. (b) Scope of the EDI Agreement. This EDI Agreement shall govern and apply only to electronic transactions transmitted from either Party to the other Party in connection with Article XVI of the Illinois Public Utilities Act ("Act") and the Company's RES Handbook Page I of8 ELECTRONIC DATA INTERCHANGE (EDI) TRADING PARTNER AGREEMENT (c) Third-party service providers. (i) Electronic transactions shall be transmitted electronically to each Party either directly or through any third-party service provider ("Provider") with which either Party may contract on its own behalf. Either Party may modify its election to use, not use or change its Provider upon thirty (30) days' prior written notice. (ii) Each Party shall be responsible for the costs and performance of any Provider with which it contracts. (iii) Each Party shall be liable for the acts or omissions of its Provider while transmitting, receiving, storing or handling documents, or perfonning related activities, for such Party, to the extent required to effectuate transactions pursuant to Section 2 of this EDI Agreement. (d) System operations. Each Party, at its O\\n eicpense, shall be responsible for and/or provide and maintain the equipment, software, services and testing necessacy to effectively and reliably transmit and receive electronic transactions. (e) Security procedures. Each Party shall properly use those security procedures which are reasonably sufficient to ensure lhat all transmissions of an electronic transaction are authorized and to protect its business records and data from improper access. (f) Freedom from computer viruses. Each Party shall use reasonable efforts to ensure that electronic transactions are free of, but not limited to, the following: computer viruses or other computer software code or routine designed to disable, damage, impair or electronically repossess or erase programs or data files which can cause damage to a Party's computer systems and/or operations. Either Party will promptly notify the other if such destructive logic is detected in and/or transmitted from any computer system involving electronic transactions. (g) Back-up data. Each Party agrees to maintain adequate back-up files to recreate transmissions as required. Back-up files shall be subject to this EDI Agreement to lhe same extent as original data. Electronic transactions shall be retained for such periods as required by relevant state and federal requirements. (h) Testing. (i) Electronic transactions shall not be authorized by eilher Party until subjected to reasonable testing to ensure compliance with testing requirements and until each Party is satisfied with the results of such testing. (ii) Following acceptance by each Party for production use, additional testing may be required by a Party in response to a change in the system environments including, but not limited to: installation of a new application system, installation of a new EDI translator, or implementation of a new EDI version. Page2 of8 ELECTRONIC DATA INTERCHANGE (EDI) TRADlNG PARTNER AGREEMENT 2. Transmissions. (a) Proper receipt. Electronic transactions shall not be deemed to have been properly received, and no electronic transactions shall give rise to any obligation, until accessible to the receiving Party and verification confumed by such Party in accordance with Section 2(b) of this EDI Agreement. (b) Verification. Upon receipt of any electronic transaction or any information related to the electronic transaction, the receiving Party shall properly transmit a functional acknowledgement ("FA'') in return, which FA shall be in standard format as prescribed by American National Standards Institute Xl2 standards. If the FA indicates an error, neither Party shall rely on the electronic transaction or any information related to the electronic transaction. The sending Party shall attempt to correct the error and retransmit 1he electronic transaction or any information related to the electronic transaction or otherwise contact the receiving Party. If the FA does not indicate any error, the FA shall constitute conclusive evidence that an electronic transaction has been properly received and is syntactically correct, but docs not constitute an agreement or acceptance to such transaction or a status report. (c) Responses. If a response to an electronic transaction is required, any such electronic transaction which has been properly received shall not give rise to any obligation unless and until the Party initially transmitting such electronic transaction has properly received in return a response transaction. (d) Garbled transmissions. Ifany properly transmitted electronic transaction is received in an unintelligible or garbled form, the receiving Party shall promptly notify the originating Party (if identifiable from the received electronic transaction) in a reasonable manner. In the absence of such a notice, the originating Party's records of the contents of such electronic transaction shall control, unless the identity of the originating Party cannot be determined from the received electronic transaction. Should the originating Party not receive an FA indicating the electronic transaction was received, the originating Party shall notify the intended receiving Party and re-send the electronic transaction. (e) Remittances. In order to be treated as received on a date, all remittances must be received by 5:00 p.m. Central Prevailing Time ("CPr') on such date. All remittances received after such time shall be treated as received on the next business day. Remittances made in accordance with the provisions of Rider SBO - Single Bill Option (such tariff, as it may be amended from time 10 time, or its successor "Rider SBO") or Rider PORCB- Purchase of Receivables with Consolidated Billing (such tariff, as it may be amended from time to time, or its successor "Rider PORCB") must be made using electronic funds transfer ("EFf'') between the payer's bank and payee's bank. The EFT must contain an appropriate EDI transaction. Payment is considered to have been made when the payee's bank posts the payment to payee's account. Page 3 ofB ELECTRONIC DATA INTERCHANGE (EDI) TRADING PARTNER AGREEMENT 3. Transaction Terms. (a) Tenns and conditions. Any electronic transaction made pursuant to this EDI Agreement, and any related communication shall, in addition to this EDI Agreement, also be subject to the tenns and conditions included in the DSP's applicable rates, riders and tariffs that may be approved by the Illinois Commerce Commission ("fCC" or "Commission") or the Federal Energy Regulatory Commission ("FERC'') from time to time. The Parties acknowledge that the terms and conditions set forth in the DSP's rates, riders and tariffs may be or may become inconsistent, or in conflict with this EDI Agreement, but agree that any conflict or dispute that arises between the Parties in connection with any such electronic transaction will be resolved as if such electronic transaction had been effected through application of the rates, riders and tariffs. Any inconsistency between this EDI Agreement and any rates, riders and tariffs or any ICC Orders shall be resolved by giving precedence to applicable rates, riders and tariffs, applicable ICC Orders and then to this EDI Agreement. (b) Confidentiality. Electronic transactions and other communications related to electronic transactions under this EDI Agreement shall maintain the same confidential or non confidential status (whichever is applicable) as they would have in the form of paper records. (c) Validity and enforceability. (i) This EDI Agreement has been executed by the Parties to evidence their mutual intent to agree to binding transactions pursuant to the electronic transmission and receipt of electronic transaction information specifying the applicable terms of such transactions, regarding the regulated activities of the DSP and the RES or MSP related to Article XVI of the Act. (ii) The Parties agree that correspondence and documents electronically transmitted pursuant to this EDI Agreement shall be construed to be in conformance with all requirements set forth in the DSP's rates, riders and tariffs. {iii) Any electronic transaction and any information related to the electronic transaction, properly transmitted pursuant to this EDI Agreement, shall be considered to be a "writing" or "in writing", to have been "signed", and to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. (iv) The conduct of the Parties pursuant to this EDI Agreement, including the use of electronic transactions properly transmitted pursuant to this EDI Agreemen~ shall, for all legal purposes, evidence a course of performance accepted by the Parties in furtherance of this EDI Agreement (v) The Parties agree not to contest the validity or enforceability of electronic transactions under the provisions of any applicable law relating to whether agreements are in writing and signed by the Party to be bound thereby. Electronic transactions, if introduced as evidence on paper in any judicial, arbitration, mediation or administrative proceedings, will be admissible as between the Parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither Party shall contest the Page4 of8 ELECTRONIC DATA INTERCHANGE (EDI) TRADING PARTNER AGREEMENT admissibility of copies of electronic transactions on the basis that such copies were not originated or maintained in documentary form. 4. Miscellaneous. (a) Headings. Headings or titles of the provisions hereof are for conveaicnce only and shall have no effect on the provisions of this EDI Agreement. (b) Termination. This EDI Agreement shall remain in effect until terminated by either Party with not less than thirty (30) days' prior written notice, whlch notice shall specify the effective date of termination; provided, however, that written notice for purposes of this paragraph shall not include notice provided pursuant to an electroaic transaction; further provided, that any termination shall not affect the respective obligations or rights of the Parties arising under any electronic transaction or otherwise under this EDI Agreement prior to the effective date of termination. Any attempted ·tennination in conflict with any Order of the JCC shall be deemed ineffective for purposes herein. · (c) Severability. Any provision ofthls EDI Agreement which is determined lo be invalid or unenforceable by a Court with jurisdiction over the Parties shall be deemed to be restated to reflect as nearly as possible the original intention of the Parties in accordance with applicable law and will not invalidate the remaining provisions of this EDJ Agreement or affect the validity or enforceability of such remaining provisions. (d) Entire EDJ Agreement. This EDI Agreement constitutes the complete agreement of the Parties relating to the matters specified in this EDI Agreement and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. This EDJ Agreement may not be amended, supplemented, changed or modified in any manner, orally or otherwise, except by an instrument in writing of concurrent or subsequent date, signed by a duly authorized representative of each Party. No oral modification or waiver of any of the provisions of this EDI Agreement shall be binding on either Party. No obligation to enter into any electronic transaction is to be implied from the execution or delivery of thls EDI Agreement This EDJ Agreement is for the benefit of, and shall be binding upon, the Parties and their respective successors and assigns. (e) Assignment This EDI Agreement, or any rights or obligations hereunder, shall not be assigned by either Party without the express written approval of the other Party; provided that the RES or MSP may, without the consent ofthe Company, assign thls EDI Agreement to another entity that (i) succeeds to all or substantially all of the assets and operations of the RES or MSP, and (ii) satisfies and meets all the standards and requirements and as set forth in this EDI Agreement, the Act, and the DSP's applicable rates, riders and tariffs approved by the ICC or the FERC. Any assignment, whlch does not comply with the provisions of this Section 4(e), shall be null and void. Page S of 8 ELECTRONIC DATA INTERCHANGE (EDI) TRADING PARTNER AGREEMENT (f) Non-waiver. The waiver by either Parzy of any breach of any term, covenant or condition contained in this EDl Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition or obligation. (g) Governing law and tariffs. This EDI Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois, including any conflict-of-law rules and principles of Illinois which would result in reference to the laws or law rules of another jurisdiction, and DSP's rates, riders ond tariffs filed with the ICC. This EDI Agreement shall at all times be subject to any changes or modifications by the Commission as said Commission may, from time to time, direct in the exercise ofits jurisdiction. {h) Force majeure. No Parzy shall be liable for any failure to perform its obligations in connection with any electronic transaction where such failure results from any act of God or other cause beyond such Parzy's reasonable control which prevents such Party from transmittirig or receiving any documents. · (i) Exclusion of damages. Neither Party shall be liable to the other Party for any indirect, special, incidental, exemplmy or consequential damages in connection with this EDI Agreement, any electronic transaction or any document including, but not limited to, arising from or as a result of any delay, omission, or error in the electronic transmission or receipt of any documents pursuant to this EDI Agreement, even if such Party has been advised of the possibility of such d!Unages, (j) Resolution of disputes. (i) Disputes between the DSP and the RES or MSP thai involve the performance, breach, or alleged breach of any obligation under this EDI Agreement may be resolved through alternative dispute resolution as provided in the DSP's Alternative Dispute Resolution Procedure, a copy of which is maintained by the DSP in its public files and which is available for inspection at the DSP's business offices that are designated as bill payment centers. (ii) Nothing herein shall (A) limit or restrict the jurisdiction of the Illinois Commerce Commission or of the Federal Energy Regulatory Commission, or (B) require or permit arbitration if any such dispute or controversy is subject to such jurisdiction. (k) Notices. Unless otherwise provided herein, all notices, demands or other communications hereunder shall be in writing, shall be sent to the address and persons specified in this EDI Agreement, and shall be deemed to have been received when delivered, when sent by (i) courier delivery, with communication deemed given on the date of delivery; (ii) Federal Express or similar overnight courier delivery, with communication deemed given on the date of delivery; or Page6of8 ELECTRONIC DATA INTERCHANGE (EDI) TRADING PARTNER AGREEMENT (iii) U.S. certified mail, return receipt requested, with communication deemed given on the date the return receipt is signed or deliveiy is rejected. The foUowing are the primary contacts for all communications related to this EDI Agreement; DSP: Company Name: Commonwealth Edison Company Attn: Electric Supplier Services Department Address: 1919 Swift Drive Oak Brook, IL 60523 Fax: (630) 684-2830 RESorMSP: Company Name: Spark Energy, L.P. Attn: Retail Markets Address: 2105 CityWest Blvd. Suite 100 Houston, TX 77042 Phone: 832-217-1905 Fax: 281-833-4834 [email protected] E-mail: Page 7 ofB ELECTRONIC DATA INTERCHANGE (EDI) TRADING PARTNER AGREEMENT (I) Status of Parties. (i) Each Party shall perform its obligations under this EDI Agreement as an independent contractor. (ii) Unless specifically stated in this EDI Agreement to be otherwise, the duties, obligations, and liabilities of the Parties are intended to be severable and not joint or collective. Nothing contained in this EDI Agreement shall ever be construed to create an association, trust, partnership or joint venture or to create or impose a trust or partnership duty, obligation or liability on or with regard to either Party. Without limiting the foregoing, the Parties recognize and agree that the use of the term "Trading Partner'' in this EDI Agreement or in connection with this EDI Agreement is merely to confonn to industry usage and such use does not and shall not be construed or used to create or imply any partnership agreement or arrangement between the Parties or to create or impose any partnership duty, obligation or liability on or with regard to either Party. Each Party shall be liable individually and severally for its own obligations under this EDI Agreement. IN WITNESS WHEREOF, the Parties have executed this EDI Agreement as of the day and year first above written. DSP'sName: Commonwealth Edison Company By: 4.: d/uJ.:f Nrunc: Title: RES's or MSP'sName: By: Name: Title: Page8of8 Attachment D ..... 'TRAVELERS CASUALTY ANO SURETY COMPANY OF AMERICA TRAVELERSJ Hartford, Co License or Permit Bond BOND NO. 104989381 KNOW All MEN BY THESE PRESENTS, That we, SPARK ENERGY, LP as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMER.ICA , a CONNECTICUT Corporation, and authorized to do business in Illinois, as Surety, ere held end firmly bound unto THE PEOPLE OF THE STATE OF ILLINOIS as Obllgee, in the sum of .. •THREE-HUNDRED THOUSAND AND N0/100 .. • Dollars ($300,000.00), for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, That WHEREAS, the Principal has been or Is about to be granted a license or permit to do business to operate es an ARES (Alternative Retail Electric Supplier) under 220 ilCS 5/1 6· 115 and is required to execute this bond under 83 Illinois Administrative Code Part 451.50 by the Obligee. NOW, Therefore, if the Principal fully and faithfully perform ail duties and obligations of the Principal as an ARES, then this obligation to be void; otherwise to remain in full force and effect. This bond may be terminated as to future acts of the Principal upon thirty 130) days written notice by the Surety; said notice to be sent to 527 East Capitol Avenue, Springfield, Illinois 62701, of the aforesaid State of Illinois, by certified maiL SIGNED AND SEALED this 8th day of August 2007. SPARK ENERGY, LP Principe! By Attorney-Jn~Fact WAAMNU: TH?S PO'lfER Of ATTORNEY IS fl'NAUO wm+otrr THE RED OOPJJ£R 1'0\1 ER OF ATTORNEY ~TRAVELERS F:ntnini..'1011 t:n'tu:Jli,Y CnmpunJ S!.1':.tuf Gtutnikn !nwrnrue Ccmp.un; flddl!) u.nd Guanul!y ln.i.urnnce Cump:.1ny St Puul &itrcul'} lruu.nmtc Comp.unr fiddH:r und Guarnn:f h1.-.i.1rance Urnif'ntriteN. lnr. Tr.t\'tlCr.i t:a.sWtl!j n:M S1u·ttr CtHUFX!ll) Srnlmurrl Surely Cnmp.anr Trau:kn Ca\trntly nnd Sun:t,y Compttt1J or Amttk!! St. Paul f.irt 1111& :<.!urine huu;nr;cr Company lcliN.! S!olt':i fidd!t~ und C;uanult} Lumtt:ll!) 211786 t'rnl!!m•• "" 0015 7 2 4 51 1:1:.SO\\' ALL.\~£." RY TIU·:Sf. fiiU?..,G:El\iiS: Tu! Seuhn:trtl C•mtp::'!.'lY bu corpor.:tmn du!~ fltg:.trii1cd um.kt the i.!"'t cf ihc S!:H< nf N'e'#< York, th.at S! P;;tl! Vin: ::mJ hi..uine lf'S.lc.itv:c Comp-.my,S: P.tui Gtci1'tl!ut tn%ur.mce :md St P·.iul l\icrttiry ln.M.!'OMKC CumfNN}' rut: n11JX11;i1inni tfo\y iwgot.e;in:tl ur. e.Jd1 w Un;it vyu;;i\e c;;-y,u,i, mDH: th.tn VIZ'<'> tt&'!IO:l slx.r:~. vg_n c:u:Kt.itL V"Ji a,"MJ ::1ctnuwlcdg::.- 5.th fill buti 12th !..; W!"!C'il'X' W!!EF fnrrnlnf!:ton Ca~u;ihy Cwnp:aUJ St. f'uul (;u:inHbln huunmce Ccanp.any F!dd!ty and Gi.Ulrruuy lun1nu1tt ~Ofnf1;$ttJ St, P:rnl .\ftn:1n1 iruur.Jncr Cmnpanj fldd.Uy anti GU1.!runty tr.sunuu:e lhu.lrrurl!tfl., lw:~ 1"r;a'>t!t'n Cmual!J und Suniy Comp;i_n) Stnlxiattf Sure!J CumpanJ Traidcn Canui.hy ::ind $un:ty li St:i.ti: of Coruu:ccuJt B; Ci;y of ! tmfon! 2007 Oti thi;; ~~~~~~~~- 6: , ~~ • bcfGTl: me ~.:ill; l:?pt:Ni'.'d t'¥q-ge llmm;rtix\ \,\ bo xil>tr-*1dgt-d hi~lf tu be the Secinr V1ci:: !'n:1idem Fidelity nnd Gu:uan1y iMtm.r".cc Cnmr,,J.hy, hddu; v«l Gttu.i:nty l:-brtnm:~ U0;kr~:riuxL inc,. Selbi>Et! Surety (°qmp!ny, SL rzul Fln: nnd t.I::trictc ltaumntt St ii;:;ul Gu..-i.nl:;i,n (ntunnre Company, S! P-,mi :tfrrnif/ i1uvn:wx Conpuiy, Tr;nden Cirn:i!!) Sun:ty (\Ht:p;my u! Arm::ricu, and Urtitrti Sutc Htk!ny Gu:::n;in- Ccn;wn), nuthllfilcil tt1 ihe fotci:;n!n;;. in~trunJC'f',l f~;r the ftt!tfl'J'<", !l\en:i!l ~ont:u!U'ti hy \lgnh1g vn b::!wH of tlw tFfjcUra':ien~ hy In \\l!rtt:u \\'hcwn;f, I het'e-.1.h!o u-i my h:u:J ::i.;:J '-':r;~-,.:l\ M.r Commlu100 r:tr-in:J> the 30111 daf cf J:.mc, ?Di -rnt5 F'OViEfl OF A n .. - ... of...... ,, is gnuiled lll>der ...i by lheaud>orilyoflhc fol ...ing r=lwionsodop>:d by the 8<>on!i•fD!r<=nof~ Ca=l!y C RESOLVED. thnt lbtt Ch.ilmmn,. che Ptc:s.Wet!L MY Vfce Cba.imwt. any E.\CQ.lth-u Vice l'reshk:m, any SeniOf' \'bi ~It.Jent, M)' V'tec l'tetkknt, any SecOl1d V"ice Proidtnt, dl'C' T~R:r: imy M:t.Uun11'\'eaJutet. the CarportU'SttreW') or any A.ulstint Sec:mary m.ly appoinl Att00iey1·1n·Foc1 and A~5 to 1C1 Cor ud ocs bdulf of the Comp.wy and may Jlvi: Reh Af1POlmee web 1u.ihothy .u hH. «ho" a:nif1auc ol AlO!horil} nuy prt:s.cribc to sl;n with 1hc 0xnp.my·~ rwne and IQ.I whb the ComfdllY'' Jo.I bo:w:U. ~ ttmtr2C!S of indemnity. ll:lil ocbc:t- wrlti:i.;' obllptDI)- in the ~ o( ~ bond. ~ or amdiuoml t.~B. and IUI)' m w.d Clfllccn or tbc &mt of ~a.ors at any 1~ guy mnrwe ru:J'j such ~ and m-cb: ibe p:>'o"ct g:i\len hio or ha: orwJ ic tt. ruR111£R RESOt.VE!l, ~the Cblin:n4tl, the President,-~ VIC'C' Cb.1.lnnan, any~ V1itt f>re:ai.dalt. M)' Scn.iar v~ Pruidatt or_, \Ike Prt:rukn1 ~y dekpc: •U or any pan of the r~ l.Url1orit) kl IJflC tit more orrlttl'I er anployco: ot thu Comp.my, p-trtidc:d th.tt erl .such ddcption is in wrltini .3.nJ a copy ~fls filed in the offtct: oftbe~; .001111 fURTilER RESOLY£D. tJm -ally bond. ro:-oini.t3nCt:. tuntrx1 Df inJc:mnity, pr wrilinH obliP,.Of}' in th::- nat:m or. bood, r;:eogllluru:c, or cob;fulonal undttul:ina )fu.ll be: T21id m..1 blading ti;poo: the CorTtpanj'wbC:n (a) llpied by the~ lJ:I)' VlO: ~anJ E.sO:udve Viee PrWkm. :mi Sen.tar V'Kc Prcs1.dc::nt orimy Vi.o: ~lb!. '"Y Sa:Vod V"> FUkllfER RESOLVED, th.it the iig!Ulutc of e3iCh of the fullO\!FJq. offin:n Pre1i0enl. wiy EurutM: Vi.cc Pn::s.l&:nl, #l'J Scniot Y1tt Ptes..itknt, any V-itt l'rah.k:nt. 11.ny A.Ws.unt V'.cc PrnM!cnt. nny Sc:rcwy, uy Aulw:n< Sttttwy and the ~ of tbe Comp.iny may Le aifucd by fKlimik tu any pt1'Ntt u( auomq· or tu "'1Y cenific;ite rdnting then-JO 1ppoint.ms Rcudcnt V11:c Pte\1dc:au., Resit.lean Au11tarU S«rcuries. or Anomcyi. i.o Mier fGr p.upo10 only of exc:cu1i11i: aod ·~bond! 11.nJ uo&rulinp ;oJ tMct .,Titin;t ubhg.aory tn lhe fUUln:' lhcn:of_ llltd any roc:h pgwcr of .womcy or a:nifkatc bdring uu:h fJaimi k s.ipt3Nn: or f l!;C.llmlle lci IM..ll hr: v:.lid ~ buid111: upon tlc C~ anJ any ;uch ~ MJ at:culcd amt certified b)' auch (11Ctim.llc si~ ;and (:iointilc t.al sh.di be \>llitJ and bindillJ on ltie ~Yin~ futwt with~ lD lln)lhc.u! I. Kori M Ibo~."""'-"" Semury, uf fsnruo""'n C=l!y C-, fi To ~-erlfy I.he &1.1thentk"Y of tbb Pu\r.ct of A11omey. t;atl 1.&JO...Jzt,J880 ar C'onuct us at www.upaul~veknbaM--'om ~~fer m 1he: Atton\£)'-ln ~ l'ltlmbcr, the tbo\-e-ruunet.l iodMdu..ah ll%d t!-=: ~h of the b@d to ~-lutb l}x: pau.ct i14Uaeho.l. . . . ~.THIS POWER OF ArnJMEY IS lllV'LID wm RIDER To be attached to bond known as Bond No. 104989381 Issued by Travelers Casualty and Surety Company of America (as Surety), In the amount of Three Hundred Thousand and 00/100 Dollars ($300,000.00) effective August 8, 2007 on behalf of Spark Energy, LP (as Principal) in favor of The People of the State of Illinois (as Obllgee) In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing The principal name from Spark Energy, LP to Spark Energy, LLC All other tenns, limitations, and conditions of said bond except as herein expressly modified shall remain unchanged. This rider shall be effective as of the 8th day of March, 2017. Signed, sealed and dated the 8th day of March, 2017. Travele Casualty and Surely C mpany of America WARN'.NO: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BO AO ER ~ POWER OF ATTORNEY TRAVELERSJ Fannlngton Casualty Company St. Paul Mercury insurance Company Fide.Illy and Guaranty Insurance Company Travdcrs Casualty and Sun:ty Company FJdellty and Guarunty Insurance Underwrllers, lnc. Travelers Casualty IUld Sun:ly Company of America St. PauJ Fl.re and l\lnrlne Insurance Compuny United States FldeUty and Guaranty Company SI. Paul Guardian Insurance Company Certlflcai. No. QQ 712 6 5 Q1 231846 KNOW ALL h-1EN B\' TitESE PRE.SENTS, Thnt Farmington Oisualty Company, St, Paul Fire and Marine Ins.urnnce Company, St- Paul Guardian lruurance Company. St. P;iul Mercury lnsur.ince Company, Travelers Casualty .nnd Surety Company, Travelers Casualty and Surety Company or America, and United Stales Fidelity and Guuranty Company 11.n: corporalions duly organized under the Jnws of the State of Connecticut, that Fidelity o.nd Guaranty lnsuronce Company is a corporation duly orgoniz.ed under !he luws of the Stale of Jown, nnd that Fidelity and Guaranty Insurance Underv.-Titers., lnc,, is 11 corporation duly organized under the laws of the State: of Wisconsin {herein collectively cHed tl11:: "Companies"},nnd thal the Companies do hereby make, constltule ar.d appoinl Ttmo!.hy F. Kelly. John Maninez. Roben F. Bobo, Florence McClellan, Kristin Darling, Stephanie Gunderson, and Autumn Stockton of the City of Houston , State of Te as , their true Md Jnwfu1 Attomey(s).in-Fact, each in their sep:untc C.'1p:1d1y if more than one is named above, lo sign, execute, sen.I nnd acknowledge any and all bonds, re-cognluncc.s, conditional undertakings l'L"!d other writings obligutory in the na1ure thereof on behalf of the Companie!l in their business of gunranteeing the fidelity of persons, gwirantcdng the petformarn:e of contracts and C;tecuting or guaranteeing bonds nnd undertakings n:quin:d or permitted in any actions or proceedings allowed by !nw. IN WITNESS WHEREOF, 1he Companies hnve cuused this instrument ta be signed !'Ind their cotp0ra1e sea.ls to be hereto uffix.ed, this _____l_S_lh ___ _ day of February ,-12.!1..., Farmington Casualty Company St. Paul l\ftn:ury lnsuranrt Company Fidelity nnd Guaranty lusunuu:e Cumpruty Travelers Casualty and Surety Company Fidelity 11nd Guaranty Insurance Underwriters, Inc. Travelcr.i: Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United Stales Fidelity and Guaranty Company St. Paul Guardian Insurance Company Stale of Cormecticu! By: Ci1y or Hanford s:: Rohen L R.tm:y,Sen:orVice Prn\dent On this the 15th day of February 201 ~before me personally appeared Robert L, Rnncy, w~o acknowledged himself to be the Senior Vice Pres:id::n! of Farmingwn Cnsuohy Company, Fidelity and Guar.uuy Insurance Company.Fidelity and Guaranty Ins.trance Underwriters, Inc._ St Paul Fire ond f...iruine Jruurance Company, St. Paul Gunnlian Insurance Comp.any, SL Paul Mercury lnsur.mcc Company, Tr:welen Ciuu>tlry nnd Surety Company, Travcle:n Ca:rnnlty nnd Surely Cnmp:JnY of Amtrkn. 11nd Uni1ed Stnte;s Fideh1y and Gu:unnty Compnny, and that he, ns such, being ailthorized ro to do, e:x.ccuted the foregoing instrument for the purpos.es !herein ctu:tained hy signing on bcbnlf of 1he corporations by himsclf n.s a duly authorized officer In \Vltness \Vhercor, ! hcrcumo set my hnnd and cffida.l seal f\.-fy Commission expires the 30th duy of June, 2021. \tOt Marie C TctrcllulL Notary Pllblic 58440·5·16 Printed In U.SA WARNlNG. THIS POWER OF ATIORN€Y tS INVALID 'WITHOUT THE RED BORDER WARNING; THIS POWER OFATI0RNEV lS INVALID wmtoUTlHE RED BORDER This Power of Attorney Is gran1~ under and by the authority of the following resolutions adnp1ed by the Boards of Dltccton of Fnnn.ington Casualty Company, Fidelity and Guaranty lnsunmce Comp;iny, Fidelity and Guaranty Insunmce Underwriten:, Inc,, SI. Paul F'lll! and Mruine Insur.tnce Company, SL Paul Guardian h::isurance Company, St. Paul Mercury Insurance Company, Travelers: Casualty and Sut:ty Company, Travelers Casualty and Surety Company of America, 11nd United Stati:s Fidelity and Ouaranty Company, which n:solutioos are now in full force and effect, reading as follows: RESOLVED, that the Chalnnan, the Pn:sidenl, any Vice Chalnnan, any Executive Vice President, any Senior Vice President, any Vice President, nny Second Vice President, the T~urcr, any Assistnnt Treasurer, the Corporate Secretary or any Assistant Secn:u1ry may appoint Attomeys-in-Facl and Agents to act £or and on bcha1f of the Company and may give such appointee such authority as his or her cenificnle or authority may pn::scribe to sign with the Company's name and seal with tlle Company's seal bonds, recognizances, contracts of indemnity. and other writings obUgru:ory in the nature of a boad, rccogni.ume:, or conditional undertaking, and MY of said officers or the Board of Di.rcctofl et any time may remove any such appointee and revoke the power given hlm or her. and it is FURTHER RESOLVED, lha:t the Chllirmnn, the President, any Vtce Chairman, any E.w:utlve Vice Prcsideo!, any Senior Vice Praidcnl or any Vice Prcsiden1 may dclega1e o.ll or aoy part of the foregoing authority to one or more afficcn or employees of thls Company, provitkd that each such delegation is ln writing and a copy thereof is filed in the office of the Secn:rary; nnd it is FURTHER RESOLVED, that any bond, recognizance, contract or indemnity, or writing obligatory in the rutturc of a bond, recognizance, or cor.clitiona.l un~g ih:!l be valid and binding upon the Compnny when (a) signed by the President, :my Vice Cb:tirman, any Executive: Vice President, any Senior Vice Pn:sident or any Vice President, any Second Vice Pru:{dcot, the Treasurer, any Assisttnt Trusurcr, the CorponllC Secretary or any Assislllnt Secretary and duly ancsted and scaled with the Company's seal by aSccrc:taty or As.1istant Secretary; or (b) duly executed (under seal, if required) by one or mare Attonieys·in·Facc and Ageni.s pursuant to the power prescribed in his or her cenificate or their certificates of aulhority or by one or more Company offit"'..rs pursuant to a written delegation of authority; and it is FURTIIER RESOLVED. that the signa.rurc of each of the following officers: President, any Executive Vice: President, any Senior Vice Prelidcnl, any Vice President, any As.s:htant Vk~ Prcsldcnt, any Scerctuy, any Assistant Secrctnry, and I.ht seal of the Company may be: affued by facsimile to any Power cf Auorncy or to any cenifkate relating therc10 appointing Resident Vice Presidcots, Resident ~istant Serrct.nries or Anomeys-in-Fact for purposes on1y af executing and attesting bonds and undertakings and other W}itings obligatory in Uu: nature thereof. t111d any such Power of Attorney or certificate bearing such facsimile signature or racsimile seal shall be vnlid and bU:iding upon the Company nnd any such power so executed and eenifted by such f:u:slrnile signniure and facsimile seal shall be valid and binding on the Company in the future with rcspett to any bond or undentanding lo which It is atl.:lthcd. I, Kevin E. Hughes, the: undenigned,Auistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity Md Guamnty lruurance Uodetwrite:rs, Inc., St. Paul F'ue and Mnrine Ulsurance Company, S1, Paul Ouardinn Insurance Company, St. Paul Mercury lnrura:tce Company, Travelers Casualty and Su~ty Company, Travelers Casualty and Su~ty Company of America, and United Smtes Fidelity and Guaranty Company do hereby certify that the above and f o~goi.ng is a true and correct eopy of the Power of Attorney executed by said Companies, which l5 in fuU fon:e and effect and h.:is not been revoked. IN TESTIMONY WHEREOF, I hnvc hmunto ''"my hand and affued the suls of s.;d Comparu" this 8th d.1y of __Ma__ r_c_h _____ , zolL. To verify the nuthendcity of thls Power of Attorney, call l~BO WARNING: THtS POWER OF ATTORNEY IS INVALID WITHOUT THE REC BORDER sparkenergy, Attachment E - Financial Qualifications under Subpart D Pursuant to Section 451.320 a(3), Spark Energy, LLC certifies it is a member of one or more RTO's and purchases 100% of its physical electric energy from the RTS's for delivery of the service territories of the utilities for which the applicant is seeking a certificate. Enclosed please find Spark Energy, LLC listed as possessing PJM Membership as of June 2, 2017. PJM - Member List Page 1 of I Member List PJM Mcmber.itlip as of June 2. 2017 10tJ PJM Members O Ex Officio Total"' 1013 Reset ICurrent Members Company Parent Company Sector Member T)'pe spark energy Search All B All Spark Energy, LLC Not applicable Other Supplier Voting Member Total: 1 http://www.pjm.com/about-pjm/member-services/member-list.aspx 612/2017 Attachment F sparkenergy, Attachment F-Technical Qualifications NA THAN KROEKER - Preside11t - ChiefExeclltive Officer 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: {281) 833-4153 Nathan Kroeker, appointed President of Spark Energy in April 2012, is responsible for overseeing the day-to-day operations and helping shape the overall strategy of the company. Nathan is a 18-year industry veteran with diverse experience in public accounting, M&A, and both retail and wholesale energy. Nathan first joined the company in July 2010 as Executive Vice President and Chief Financial Officer of Spark Energy Ventures. Prior to Spark, Nathan held senior finance and leadership roles with Macquarie and Direct Energy. He began his career in public accounting, including both audit and M&A advisory functions. Before joining Spark Energy in July 2010, Mr. Kroeker was the Finance SVP for Macquarie Bank's global wholesale energy business. Prior to that, he held several senior Finance & Portfolio Management roles at Direct Energy. Mr. Kroeker began his career in public accounting including both audit and M&A advisory. Mr. Kroeker graduated with honors with a Bachelors of Commerce degree from the University of Manitoba. He has both a CPA in Texas as well as a CA in Canada. GIL MELMAN - Vice Presidellt and Ge11eral Collnsel 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: {281) 833-4154 Mr. Melman, Vice President, General Counsel, & Corporate Secretary of Spark Energy, is responsible for Spark Energy's legal, risk management, and compliance matters. Prior to joining Spark Energy, Gil served as the General Counsel to Madagascar Oil Limited, an oil and gas exploration and production company. Previously, he has acted as general counsel and in house counsel to several energy companies as well as a regional private equity fund. Gil began his career practicing corporate law with the law firm of Vinson & Elkins LLP, where his focus was primarily in corporate securities and mergers and acquisitions primarily in the energy industry. Gil holds a Bachelor of Business Administration degree in Accounting from the University of Texas at Austin, and a Doctor of Jurisprudence from the University of Texas at Austin School of Law. sparkenergy JASON GARRETT -Executive Vice Preside11t 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (832} 200-3735 Jason Garrett served as Executive Vice President of Continuum Energy prior to joining Spark Energy Gas, LLC in 2015. Before joining Continuum Energy he served as Senior Vice President and General Manager with Just Energy. He received his undergraduate degree from the University of New Orleans and an MBA from the University of New Orleans. Mr. Garrett is a 21-year veteran of the finance and energy industry and is a certified six sigma black belt. ROBERT LANE-C/lie/Fi11a11cial Officer 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (832) 200-3735 Robert Lane has over two decades of experience in investment banking and corporate finance, including two stints as CFO, most recently for Emerge Energy Services LP. He led Emerge through an !PO, several expansions of its credit facility, and built a finance and accounting team from scratch to help grow company value from $500 million of enterprise value to over $3 .5 billion of enterprise value at its peak. He brings public company experience, together with a long list of M&A and capital markets transactions, to our team. Mr. Lane is a Houston native, a graduate of Princeton University and earned his MBA at the University of Pennsylvania's Wharton School; he is also both a CPA and a CFA. Chris Leonard-Vice President, Supply 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (832) 255-7315 Chris Leonard is responsible for overall supply and structuring for all Spark Energy. Danny Bordeaux -Director, Cash Month Power Supply 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (832) 217-1846 Danny Bordeaux is the Director of Cash Month Trading, Trading and scheduling for all ISO's both bilateral and balancing markets, Security Administrator for ERCOT, NYISO, PJM, and ISONE for Spark Energy. spark energy Braxton Maddox - Director, Power Supply 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (281) 833-4192 Braxton Maddox manages the long term power position for Spark Energy. Joshua Baird-Sr. Manager, Cash Month Power Supply 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (713) 600-2670 Joshua Baird manages the short term power position for Spark Energy. spark energy Attachment G - Managerial Qnalifications NA THAN KROEKER - Preside11t - Cliief Execllfive Officer 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (281) 833-4153 Nathan Kroeker, appointed President of Spark Energy in April 2012, is responsible for overseeing the day-to-day operations and helping shape the overall strategy of the company. Nathan is a 18-year industry veteran with diverse experience in public accounting, M&A, and both retail and wholesale energy. Nathan first joined the company in July 2010 as Executive Vice President and Chief Financial Officer of Spark Energy Ventures. Prior to Spark, Nathan held senior finance and leadership roles with Macquarie and Direct Energy. He began his career in public accounting, including both audit and M&A advisory functions. Before joining Spark Energy in July 2010, Mr. Kroeker was the Finance SVP for Macquarie Bank's global wholesale energy business. Prior to that, he held several senior Finance & Portfolio Management roles at Direct Energy. Mr. Kroeker began his career in public accounting including both audit and M&A advisory. Mr. Kroeker graduated with honors with a Bachelors of Commerce degree from the University of Manitoba. He has both a CPA in Texas as well as a CA in Canada. GIL MELMAN - Vice Preside11t a11d Ge11eral Cou11sel 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (281) 833-4154 Mr. Melman, Vice President, General Counsel, & Corporate Secretary of Spark Energy, is responsible for Spark Energy's legal, risk management, and compliance matters. Prior to joining Spark Energy, Gil served as the General Counsel to Madagascar Oil Limited, an oil and gas eKploration and production company. Previously, he has acted as general counsel and in house counsel to several energy companies as well as a regional private equity fund. Gil began his career practicing corporate law with the law firm of Vinson & Elkins LLP, where his focus was primarily in corporate securities and mergers and acquisitions primarily in the energy industry. Gil holds a Bachelor of Business Administration degree in Accounting from the University of Texas at Austin, and a Doctor of Jurisprudence from the University of Texas at Austin School of Law. spark energy JASON GARRETT -Executive Vice Preside11t 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (832) 200-3735 Jason Garrett served as Executive Vice President of Continuum Energy prior to joining Spark Energy Gas, LLC in 2015. Before joining Continuum Energy he served as Senior Vice President and General Manager with Just Energy. He received his undergraduate degree from the University of New Orleans and an MBA from the University ofNew Orleans. Mr. Garrett is a 21-year veteran of the finance and energy industry and is a certified six sigma black belt. ROBERT LANE -ChiefFi11a11cial Officer 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (832) 200-3735 Robert Lane has over two decades of experience in investment banking and corporate finance, including two stints as CFO, most recently for Emerge Energy Services LP. He Jed Emerge through an !PO, several expansions of its credit facility, and built a finance and accounting team from scratch to help grow company value from $500 million of enterprise value to over $3.5 billion of enterprise value at its peak. He brings public company experience, together with a long list of M&A and capital markets transactions, to our team. Mr. Lane is a Houston native, a graduate of Princeton University and earned his MBA at the University of Pennsylvania's Wharton School; he is also both a CPA and a CFA. Chris Leonard -Vice President, Supply 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (832) 255-7315 Chris Leonard is responsible for overall supply and structuring for all Spark Energy. Danny Bordeaux -Director, Cash Month Power Supply 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (832) 217-1846 Danny Bordeaux is the Director of Cash Month Trading, Trading and scheduling for all ISO's both bilateral and balancing markets, Security Administrator for ERCOT, NYISO, PJM, and ISONE for Spark Energy. sparkenergy, Braxton Maddox - Director, Power Supply 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (281) 833-4192 Braxton Maddox manages the long term power position for Spark Energy. Joshua Baird -Sr. Manager, Cash Month Power Supply 12140 Wickchester Ln., Suite 100 Houston, TX 77079 Phone: (713) 600-2670 Joshua Baird manages the short term power position for Spark Energy. .w H m ..c: CJ ~ 0 -r-1 E .w !t'I ~ {E. ·r-1 .e ~ .c: m ~ tJ) QJ H "ti 0 !t'I .. ~ .w ~ ·r-1 !t'I ..Q Q. ·r-1 V'I ..c: ~ ~