EXHIBIT 3-- SUPPLEMENTAL HESS ENERGY MARKETING, LLC CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS NEW HAMPSHIRE SECRETARY OF STATE

Transcription

1 EXHIBIT 3-- SUPPLEMENTAL HESS ENERGY MARKETING, LLC CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS NEW HAMPSHIRE SECRETARY OF STATE

2 ~tate of ~ cfu ~ampilfrirc ~ partm nt of ~tat CERTIFICATE I, William M. Gardner, Secretary of State of the State ofnew Hampshire, do hereby certify that HESS ENERGY MARKETING, LLC a(n) Delaware limited liability company registered to do business in New Hampshire on April 11, I further certify that it is in good standing as far as this office is concerned, having paid the fees required by law. In TESTIMONY WHEREOF, I hereto set my hand and cause to be affixed the Seal of the State ofnew Hampshire, this 30th day of September, A.D William M. Gardner Secretary of State

3 EXHIBIT 8-- SUPPLEMENTAL HESS ENERGY MARKETING, LLC FINANCIAL SECURITY- SURETY BOND

4 Revised Bond replaces the bond dated 4/2/2013 Bond No KNOW ALL MEN BY THESE PRESENTS, THAT WE, Hess Energy Marketing, LLC, One Hess Plaza, Woodbridge, NJ 07095, as Principal (hereinafter called "Principal") and Western Surety Company, as Surety (hereinafter called "Surety") are held and firmly bound unto New Hampshire Public Utilities Commission, 21 South Fruit Street, Suite 10, Concord, NH as Obligee (hereinafter called "Obligee") in the penal sum of Three Hundred Fifty Thousand and 00/100 ($350,000.00) DOLLARS for payment whereof, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated the 27th day of September, WHEREAS, A LICENSE or PERMIT has been granted by the Obligee to the above bounden Principal Authorizing him to act as a Electric Power Supplier. NOW THEREFORE, the Condition of this obligation is such, that if the said Principal shall faithfully observe the provisions of the Laws, Ordinances, and Resolutions, governing the issuance of this License or Permit, then this obligation shall be null and void, otherwise to remain in full force and effect. Liability under this bond shall terminate as of the 31st day of May, 2019, as to any acts subsequent thereto, unless said bond is continued in force from year to year by the issuance of a Continuation Certificate signed by the Surety. Hess Energy Marketing, LLC Principal --1 AU1 j_j;l--- Western Surety CQ.mpany James K C Tom, Attorney in Fact

5 WESTERN SURETY COMPANY Sioux Falls, South Dakota Statement of Net Admitted Assets and Liabilities December 31, 2012 ASSETS Bonds Stocks Cash and short-term investments Uncollected premiums and agents' balances Amounts recoverable from reinsurers Net deferred tax asset Electronic data processing equipment and software Investment income due and accrued Other assets Total Assets $1,544,217,378 23,405,721 85,332,658 32,034, ,180 23,141,708 47,102 I 8,997,674 5,203,942 $1,732,544,110 LIABILITIES AND SURPLUS Losses Loss adjustment expense Contingent and other commissions payable Other expense Taxes, licenses and fees Unearned premiums Other liabilities Total Liabilities $310,752,443 79,546,495 6,404,001 1,046,332 1,652, ,533,795 31,210, ,145,567 Surplus Account: Capital paid up Gross paid in and contributed surplus Unassigned funds Surplus as regards policyholders Total Liabilities and Capital,,,,.. '.,,,,1 ~,,,\, \)RETr'''~... ~... ~~... ~o,:,.:-$..- ~~OR4,...~ _,... () ~:~~ $4,000, ,071, ,326,707 $1,052,398,543 $1,732,544,110 I, OJ B. Maga~a, Assistant Vice President of Western Surety Company hereby certify that the above is an accurat~ representation of the financial statement of the Company dated December 31, 2012, as filed with th,e various Insurance Departments and is a true and correct statement of the condition of Western Surety Company as of that date. Subscribed and sworn to me this ----=25"-'t"-'h day of ---~M'-'-'-"a,_,_,rc "-'-h,, My commission exptrcs: "OFi=ICIAL SEAL" : :KATHLEEN M. SCHROEDER: : Notary Public, State of IllinoiS ~! My Commission Expires : &illm.m )Y)s~ Notary Public..._

6 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Ernesta G Bowman, James K C Tom, Individually of New York, NY, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a lilly authorized off~:er of the corporaticn and all the acts of said Attorney, pursuant to the authority hereby ghen, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corponiion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 22nd day of September, WESTERN SURETY COMPANY State of South Dakota County of Minnehaha On this 22nd day of September, 2009, before me personally came Paul T. Brutlat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; th<i it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 27 t b dayof ~S~eTput~e~m~hue~r~ j WESTERN SURETY COMPANY Fonn F

7 ACKNO~EDGMENTFORMS COPARTNERSHIP STATE OF COUNTY OF Css: On this day of ' before me personally appeared ' to me known and known to me to be one of the firm of :--:---- described in and who executed the foregoing instrument and (s)he thereupon acknowledged to me that (s)he executed the same as and for the act and deed of said firm. Notary Public STATE OF COUNTY OF Css: CORPORATE On this day of ' before me personally appeared to me known, who, being by me first duly sworn, did depose and say that (s)he resides in ' that (s)he is the of ' the corporation described in and which executed the foregoing instrument; that (s)he knows the corporate seal of said corporation; that the corporate seal affixed to said instrument is such corporate seal; that it was so affixed by order and authority of the Board of Directors of said corporation, and that (s)he signed h. name thereto by like order and authority. Notary Public STATE OF COUNTY OF Css: INDIVIDUAL On this day of ' before me personally appeared to me known and known to me to be the individual described in and who executed the foregoing instrument and acknowledged to me that executed the same in h individual capacity. Notary Public SURETY STATE OF NEW YORK COUNTY OF NEW YORK Css: I, Judith D :'Levine Notary Public of New York County, in the State of New York, do hereby certify that James K C Tom Attorney-in-Fact, of Western Surety Company who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that (s)he signed, sealed and delivered said instrument for and on behalf of Western Surety Company for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of New York in said County, this September A.D., th day of JUDITH D LEVINE Notary Public - Slate of New Yolk NO. 01LE Qualified In New York qounly Ll My Commission Expires I i [ 3 0!I I ~~ _--'.. ~~"'\'Ill~ --