Enron response in Dynegy v. ComEd

Attached is Enron's response against Dynegy's argument that Firm LD contracts cannot be used as designated sources for network transmission pursuant to the FERC OATT. ComEd allows firm LD contracts to be designated as network resources on a day ahead basis for the Illinois retail program. Dynegy argues that only "capacity" contracts should be allowed and ComEd's practice deprived Dynegy of at least $2-4 MM of hypothetical capacity payments over the past two years. Also, attached are responses from other participants, including the Illinois Commerce Commission in favor of the practice.

Currently, not all transmission providers follow ComEd's practice. While we are arguing that FERC policy allows Firm LD products to be used as network resources, please check with us before assuming that other TPs will allow this (pending a FERC order in this case).

Christi Nicolay 37007 and Susan Lindberg 30598

Enron's response