September 13, 2017 Susan F. Beard Designated Agency Ethics Official U.S. Depmiment of Energy 1000 Independence Ave., S.W., Suite 6A-21 l Washington, DC 20585 Dear Ms. Beard: The purpose of this letter is to describe the steps that I will take to avoid any actual or apparent conflict of interest in the event that I am confirmed for the position of Assistant Secretary for the Office of Fossil Energy of the U.S. Depmiment of Energy. As required by 18 U.S.C. § 208(a), I will not pmiicipate personally and substantially in any pmiicular matter in which I know that I have a financial interest directly and predictably affected by the matter, or in which I know that a person whose interests m·e imputed to me has a financial interest directly and predictably affected by the matter, unless I first obtain a written waiver, pursuant to 18 U.S.C. § 208(b)(l), or qualify for a regulatory exemption, pursuant to 18 U.S.C. § 208(b)(2). I understand that the interests of the following persons are imputed to me: any spouse or minor child of mine; any general partner of a pminership in which I mn a limited or general partner; any organization in which I serve as officer, director, trustee, general partner or employee; m1d any person or organization with which I am negotiating or have all mnngement concerning prospective employment. Upon confirmation, I will resign from my position with Battelle Memorial Institute. For a period of one year after my resignation, I will not pmiicipate personally and substailtially in any particular matter involving specific parties in which I know Battelle Memorial Institute is a pmiy or represents a party, unless I am first authorized to participate, pursuant to 5 C.F.R. § 2635.502(d). Upon confirmation, I will resign my unpaid, advisory positions with the National Coal Council, Pennsylvania Depmiment of Environmental Protection Climate Change Advisory Cmnmittee and the Marcellus Coalition Shale Collaborative. I resigned from my unpaid Board position with the Three Rivers Rowing Association on July 15, 2017. For a period of one yem after my resignation from this entity, I will not participate personally aild substantially in any particular matter involving specific parties in which I know that entity is a party or represents a pmiy, unless I am first authorized to participate, pursuant to 5 C.F.R. § 2635.502(d). I resigned from my position with CONSOL Energy, Inc. in May, 2014. I hold common stock, vested stock options, and vested restricted stock units in CONSOL Energy, Inc. I do not hold unvested stock options or unvested restricted stock units. Within 90 days of my confirmation, I will divest all of my common stock, all of my vested stock options, and all of my vested restricted stock units. If I divest the stock options by exercising them, I will divest the resulting stock within 90 days of my confirmation. Until I have divested all of these financial interests, I will not participate personally and substantially in any particular matter that to my lmowledge has a direct and predictable effect on the financial interests of CONSOL Energy, Inc. unless I first obtain a written waiver, pursuant to 18 U.S.C. § 208(b)(l), or qualify for a regulatory exemption, pursuant to 18 U.S.C. § 208(b)(2). Within 90 days of my confirmation, I will divest my interests in the following entities: Anadarko Petroleum Corporation, Dominion Energy, Inc., ENSCO PLC, First Trust North American Energy Infrastructure Fund, Flnor Corporation, Gulfpoti Energy Corporation, Kinder Morgan, Inc., National-Oilwell Varco, Inc., PBF Energy, Inc., Southwestern Energy Company, Weatherford International, Pie., and Whiting Petroleum Corporation. With regard to each of these entities, I will not pmiicipate personally and substantially in any particular matter that to my knowledge has a direct and predictable effect on the financial interests of the entity until I have divested it, unless I first obtain a written waiver, pursuant to 18 U.S.C. § 208(b)(l), or qualify for a regulatory exemption, pursuant to 18 U.S.C. § 208(b)(2). My spouse is employed by the University of Pittsburgh Medical Center, from which she receives a fixed salary and an mmual bonus tied to her performance. For as long as my spouse continues to work for University of Pittsburgh Medical Center, I will not pmiicipate personally and substantially in any particular matter that to my knowledge has a direct and predictable effect on my spouse's compensation or employment with University of Pittsburgh Medical Center, unless I first obtain a written waiver, pursuant to 18 U.S.C. § 208(b)(l). I will also not pmiicipate personally and substantially in any particular matter involving specific parties in which I know the University of Pittsburgh Medical Center is a party or represents a party, unless I am first authorized to participate, pursuant to 5 C.F.R. § 2635.502(d). I understand that I may be eligible to request a Certificate of Divestiture for qualifying assets and that a Certificate of Divestiture is effective only if obtained prior to divestiture. Regardless of whether I receive a Certificate of Divestiture, I will ensure that all divestitures discussed in this agreement occur within the agreed upon timeframes and that all proceeds are invested in non-conflicting assets. IfI rely on a de minimis exemption under 5 C.F.R. § 2640.201(b) with regard to any of my financial interests in sector mutual funds, I will monitor the value of those interests. If the aggregate value of my interests in sector mutual funds that concentrate in any one sector exceeds $50,000, I will not pmiicipate personally and substantially in any pmiicular matter that to my lmowledge has a direct and predictable effect on the financial interests of any holdings of the funds that are in the specific sector in which the funds concentrate, unless I first obtain a written waiver pursuant to 18 U.S.C. § 208(b)(l), or qualify for a regulatory exemption, pursuant to 18 u.s.c. § 208(b)(2). If I have a managed account or otherwise use the services of an investment professional during my appointment, I will ensure that the account manager or investment professional obtains my prior approval on a case-by-case basis for the purchase of any assets other than cash, cash equivalents, or investment funds that qualify for the exemption at 5 C.F.R. § 2640.20l(a), or obligations of the United States. I understand that as an appointee I will be required to sign the Ethics Pledge (Exec. Order No. 13770) and that I will be bound by the requirements and restrictions therein in addition to the commitments I have made in this ethics agreement. I will meet in person with you during the first week of my service in the position of Assistant Secretmy for Fossil Energy in order to complete the initial ethics btiefing required under 5 C.F.R. § 2638.305. Within 90 days of my confirmation, I will document my compliance with this ethics agreement by notifying you in writing when I have completed the steps described in this ethics agreement. I have been advised that this ethics agreement will be posted publicly, consistent with 5 U.S.C. § 552, on the website of the U.S. Office of Government Ethics with ethics agreements of other Presidential nominees who file public financial disclosure reports. Sincerely, Steven E. Winberg