IN THE SUPREME COURT OF THE STATE OF DELAWARE PETER R. BRINCKERHOFF, § TRUSTEE OF THE PETER R. § BRINCKERHOFF REV. TR. U/A § No. 534, 2017 DTD 10/17/97, on behalf of all others § similarly situated, § Court Below: Court of Chancery § of the State of Delaware Plaintiff Below, § Appellant, § C.A. No. 2017-0313-JTL § v. § § KINDER MORGAN, INC., KINDER § MORGAN ENERGY PARTNERS, § L.P., RICHARD KINDER, STEVEN J. § KEAN, RONALD L. KUEHN, JR., § ARTHUR C. REICHSTETTER, and § WILLIAM A. SMITH, § § Defendants Below, § Appellees. § § Submitted: June 6, 2018 Decided: June 8, 2018 Before STRINE, Chief Justice; VALIHURA, VAUGHN, and TRAYNOR, Justices; and RENNIE, Judge1 constituting the Court en Banc.

ORDER This 8th day of June 2018, we affirm the judgment of the Court of Chancery on the basis of its order dated November 14, 2017.2

Sitting by designation under Del. Const. art. IV § 12.

In re Brinckerhoff v. Kinder Morgan, Inc., 2017 WL 5483730 (Del.Ch. Nov. 14, 2017).

NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery is hereby AFFIRMED.

BY THE COURT: /s/ Leo E. Strine, Jr. Chief Justice