Contract analysis

I. Introduction Catherine Bloom, of Calderwood & Harkness LLP, submits this letter on behalf of Dunmore Energy Holdings Ltd. ("DEH" or "Dunmore") and Dunmore Power Trading LLC ("DPT") (collectively, "Respondents") in response to the First Data Request issued by the Staff of the Office of Enforcement ("OE" or "Staff") of the Federal Energy Regulatory Commission ("FERC" or "Commission"), dated June 26, 2023, in the abo

II. General Objections Respondents assert the following General Objections to the First Data Request, each of which is incorporated by reference into every specific response set forth below as if fully stated therein. The assertion of specific objections in connection with individual interrogatories or document requests does not constitute a waiver of any General Objection, and the absence of a specific objection in

III. Specific Objections and Responses to Interrogatories Category A: DPT Organizational Structure and Personnel (Interrogatories 1–6) Interrogatory 1 — Corporate Structure Interrogatory: Describe the corporate relationship among DEH, DPT, and Dunmore Midstream Partners LP ("DMP"), including each entity's jurisdiction of organization, principal place of business, ownership structure, and federal tax identification nu

1. Gavin Harcourt — Founder, Chairman, and Chief Executive Officer of DEH. Mr. Harcourt has served in this capacity since DEH's founding in 2004. As CEO of the parent company, Mr. Harcourt has ultimate executive authority over all Dunmore entities, including DPT, and sets the overall strategic direction for the company's energy marketing and trading business. Mr. Harcourt's office is located at DEH's principal U.S. o

2. Elena Mirova — President and Chief Operating Officer of DEH. Ms. Mirova has served in this capacity since March 2019. Ms. Mirova is responsible for day-to-day operations across all Dunmore operating entities and reports directly to Mr. Harcourt. Ms. Mirova has oversight responsibility for DPT's trading operations through the management reporting structure described in response to Interrogatory 5, below.

3. Derek Sung — Senior Vice President, Power Marketing & Trading, DPT. Mr. Sung has served in this capacity since September 2020. Mr. Sung directly supervised DPT's MISO trading desk during the Relevant Period and had day-to-day oversight authority over all trading personnel on the MISO desk. Mr. Sung reports directly to Ms. Mirova with respect to operational matters and participates in the company's Risk Management

4. Rhonda Vasquez — Vice President, Regulatory Affairs, DEH. Ms. Vasquez has served in this capacity since January 2018. Ms. Vasquez is responsible for DEH's and DPT's regulatory compliance with FERC requirements, including market-based rate authorizations, Electric Quarterly Report filings, and regulatory communications. Ms. Vasquez reports to the General Counsel, Martin Llewellyn.

5. Martin Llewellyn — General Counsel, DEH. Mr. Llewellyn has served in this capacity since July 2016. Mr. Llewellyn oversees all legal affairs for DEH and its subsidiaries, including DPT, and reports to Mr. Harcourt.

6. Jennifer Caulfield — Chief Compliance Officer, DEH. Ms. Caulfield was appointed to this newly created position on February 6, 2023. Ms. Caulfield is responsible for developing, implementing, and overseeing Dunmore's enterprise-wide compliance program, with particular emphasis on FERC regulatory compliance and energy trading compliance. Ms. Caulfield reports to the Board of Directors of DEH and has a dotted-line re

1. Kyle Renfro — Senior Trader, MISO Day-Ahead Desk. Mr. Renfro has been employed by DPT since April 2017 and served in the Senior Trader role throughout the Relevant Period. Mr. Renfro was primarily responsible for the formulation and submission of Day-Ahead generation offers at the Indiana Hub and other MISO pricing nodes within the MISO Central region.

2. Anastasia Petrov — Trader, MISO Real-Time Desk. Ms. Petrov has been employed by DPT since August 2019 and served in the Trader role throughout the Relevant Period. Ms. Petrov was primarily responsible for executing virtual transactions, including Increment Offers and Decrement Bids, at the Minnesota Hub and other MISO pricing nodes. The remaining twelve (12) trading desk personnel are identified by name, title, an

1. Gavin Harcourt — Mr. Harcourt holds approximately 38% of the issued and outstanding equity of DEH directly, in his individual capacity.

2. Harcourt Family Trust — The Harcourt Family Trust, a Texas irrevocable trust, holds approximately 16% of the issued and outstanding equity of DEH. Mr. Harcourt is the settlor of the Harcourt Family Trust but does not serve as trustee. The combined Harcourt-controlled equity interest (direct and through the Harcourt Family Trust) is approximately 54%.

3. Pendleton Capital Partners, LP — Pendleton Capital Partners, LP, a Delaware limited partnership (Managing Partner: Richard Ostrander), holds approximately 27% of the issued and outstanding equity of DEH. Pendleton Capital Partners is a private equity firm focused on energy infrastructure and commodities investments. Mr. Ostrander serves on the DEH Board of Directors.

4. Greenvale Infrastructure Fund III — Greenvale Infrastructure Fund III, a Delaware limited partnership (Managing Director: Susan Tanaka), holds approximately 19% of the issued and outstanding equity of DEH. Greenvale Infrastructure Fund III is a private infrastructure investment fund. Ms. Tanaka serves on the DEH Board of Directors. None of the equity holders identified above, other than Mr. Harcourt in his capacit