Enron Mail

From:j..kean@enron.com
To:rick.buy@enron.com
Subject:FW: FW: ERCOT Residential/Industrial Service Mix Requirements
Cc:
Bcc:
Date:Mon, 24 Sep 2001 13:06:08 -0700 (PDT)


Rick -- per my voicemail
-----Original Message-----
From: =09Shapiro, Richard =20
Sent:=09Monday, September 24, 2001 9:37 AM
To:=09Kean, Steven J.
Subject:=09FW: FW: ERCOT Residential/Industrial Service Mix Requirements


FYI
-----Original Message-----
From: =09Kingerski, Harry =20
Sent:=09Monday, September 24, 2001 9:18 AM
To:=09Shapiro, Richard
Cc:=09Keene, Patrick
Subject:=09FW: FW: ERCOT Residential/Industrial Service Mix Requirements


... some recent history. I had left the message with Rogers Herndon.
-----Original Message-----
From: =09Keller, James =20
Sent:=09Thursday, August 23, 2001 11:12 AM
To:=09Castano, Marianne
Cc:=09Kingerski, Harry; Ogenyi, Gloria
Subject:=09Re: FW: ERCOT Residential/Industrial Service Mix Requirements

You are correct! This is not a new issue, but it seems to resurface on a r=
egular basis. The issue has been pointed out regularly (the first time in =
connection with the license and regularly thereafter) and each time the bus=
iness has said not to worry, if they can't cut a deal with New Power they w=
ill just pay the $1/MW. EES has assumed it will pay the $1/MW since day on=
e!

=09Jim





=20
Marianne Castano
08/23/2001 08:33 AM
To:=09Harry Kingerski/ENRON@enronXgate @ ENRON, Gloria Ogenyi/Enron@EnronXG=
ate
cc:=09James E Keller/HOU/EES@EES=20
Subject:=09Re: FW: ERCOT Residential/Industrial Service Mix Requirements =
=20

Harry and Gloria:

Jim Keller and I have indeed dealt with this issue in the past (it actually=
came up at the time we were applying for our TX marketer license).=20

It is my understanding, and Jim, please comment if my information is "stal=
e", that we were going to choose the option set forth in Sec. 39.352(g)(3),=
which allows us to make a payment into the System Benefit Fund. This appr=
oach was discussed with Dennis Benevides, and then, I believe, with Don Bla=
ck, and they were OK with our pursuing this course, in lieu of having TNPC =
provide service to residentials on our behalf.=20

Please call me if you have any questions: 814-835-0793. =20

Marianne




From:=09Harry Kingerski/ENRON@enronXgate on 08/22/2001 04:06 PM
To:=09Marianne Castano/HOU/EES@EES
cc:=09=20
Subject:=09FW: ERCOT Residential/Industrial Service Mix Requirements

Marianne - per my voicemail.

-----Original Message-----
From: =09Ogenyi, Gloria =20
Sent:=09Wednesday, August 22, 2001 12:06 PM
To:=09Hamb, Edward
Cc:=09Blachman, Jeremy; Gahn, Scott; Letke, Eric; Wood, James; Presto, Kevi=
n M.; Curry, Mike; Wagner, Joseph; Misra, Narsimha; Dietrich, Janet; Collin=
s, Patricia; Keene, Patrick; Kingerski, Harry; Steffes, James D.; Ryall, Je=
an; Shapiro, Richard; Herndon, Rogers; Nicolay, Christi L.
Subject:=09ERCOT Residential/Industrial Service Mix Requirements


Ed,

Residential Obligation
Section 39.352(g) of Senate Bill 7 provides that for any REP serving an agg=
regate load in excess of 300 MW, 5% of the load must consist of residential=
customers. A REP can fulfil this requirement by:
1. Demonstrating that it directly serves residential load amounting to 5% o=
f its total load
2. That another REP serves the residential load on its behalf, or
3. It pays 1 dollar per MWH of required 5% load into the System Benefit Fun=
d.
EES can fulfil its obligation by entering into an agreement with New Power=
to serve residential load on its behalf, or can pay the 1$ per MWH penalty=
.
There is an annual compliance reporting requirement and EES can demonstrate=
compliance if it has an agreement with New Power.

EES Contract,
For price to beat customers, the utilities have by Commission rule, the obl=
igation to allow customers to come and go without restraint for the 5 year =
period conmmencing 1/2/02. The Commission concern may be that Enron will ab=
use this provision by gaming the system. The Enron contracts as currently w=
ritten are within the rules as approved by the Commission. Until the utilit=
ies move to amend the relevant rules, the Commission can only exercise its =
displeasure by appropriate oversight and enforcement to determine what cond=
uct amounts to abuse and gaming. I think it will ultimately be a question o=
f degree and pattern of switching. The onus will be on the affiliated REPs =
to prove abuse and gaming. Fundamentally, it is in the best interest of the=
market to allow customers to come and go. Customer mobility is the best cu=
stomer protection in a competitive market. Besides, a restraint on customer=
mobility could have a chilling effect on competition as it will increase c=
ustomer inertia. The Commission will carefully weigh any course of action t=
o insure that they achieve a reasonable balance. For larger than 1MW custom=
ers, they can agree to long term contracts and a restriction on their abili=
ty to come and go.

Please call with any questions,
Gloria
-----Original Message-----
From: =09Hamb, Edward =20
Sent:=09Wednesday, August 22, 2001 10:32 AM
To:=09Ogenyi, Gloria
Subject:=09Re: Update: Enron Direct Telesales Initiative in NY, NJ and TX

To:=09ehamb@enron.com
cc:=09=20
Subject:=09ERCOT Residential/Industrial Service Mix Requirements

get on this. we need to discuss
---------------------- Forwarded by James M Wood/HOU/EES on 08/22/2001 10:2=
0 AM ---------------------------
From:=09Rogers Herndon/ENRON@enronXgate on 08/22/2001 09:27 AM
To:=09Jeremy Blachman/HOU/EES@EES, Scott Gahn/HOU/EES@EES, Eric Letke/HOU/E=
ES@EES, James M Wood/HOU/EES@EES
cc:=09Kevin M Presto/ENRON@enronXgate, Mike Curry/ENRON@enronXgate, Joseph =
Wagner/ENRON@enronXgate, Narsimha Misra/ENRON@enronXgate, Janet R Dietrich/=
HOU/EES@EES=20
Subject:=09ERCOT Residential/Industrial Service Mix Requirements



Everyone - =20

I was just informed by EPMI that there may be a requirement for Retail Ener=
gy Providers in ERCOT to serve a certain mix of residential rate class/indu=
strial rate class customers once a certain industrial threshold is crossed =
(300 Mw of industrial rate class load). =20

EWS has not set it itself up to monitor such requirements. Therefore, I ca=
nnot comment on the accuracy or details of this requirement. However, it i=
s something we definitely need to look into. In addition, we (EPMI/EWS) ar=
e getting feedback from the TX PUC that they are not pleased with how they =
see the pilot and the market structure unfolding. Specifically, they are n=
ot pleased with retail energy providers' contracts that contemplate the rig=
ht to switch between direct access and tariff (and visa-versa). We will mo=
nitor and need to get more clarity on how the PUC intends to address their =
displeasure.

On the residential requirement front, someone needs to address this. Speci=
fically, is this true. If so, what rate classes are considered industrial =
vs. commercial? Is there a similar requirement for commercial load? Is TI=
considered industrial? Do we already have industrial customers in our por=
tfolio? Who in EES tracks and monitors issues like these as we enter marke=
ts?

Mike Curry is in the process of tracking this info down from an EPMI perspe=
ctive as they are focusing on more of the pure, large industrial customers.=
We will share any information Mike receives with the EES group.=20

RH









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