RE: A Personal Thanks

Dr. Lay,

There is something you can do in light of the recent events. Since I went out on Workmans' Compensation, Enron's policy has been to cover the balance of my salary over the compensation payment. This money has been critical in keeping our lives and home together. With three more surgeries and a minimum 7-8 months (best case) before I will be rehabilitated and able to return to work, under whatever circumstance, the continuance of my current agreement is critically important to us.
My concern is that if, or when, EES ceases to exist, before, or after, the Dynergy transaction, that my status may alter in a way that has devastating consequences in an already stress filled situation. My wife is desperate for some assurance, that we will be able to maintain our household until I can fully function @ work again. Is there some way you can help us in this matter? There seems to be quite a bit of confusion regarding what will happen to us.
Thank you.

Joe

From: Kenneth Lay/ENRON@enronXgate@enronXgate on 10/10/2001 10:54 AM CDT
Sent by: Tori L Wells/ENRON@enronXgate
To: Joseph Pestana/HOU/EES@EES
cc:
Subject: RE: A Personal Thanks

Joe -

I was really sorry to hear about your accident. But delighted we could provide a plane to get you and your wife back to New Jersey.

Hope your recover quickly and if there is any way we can help, let me know.

Ken

-----Original Message-----
From: Pestana, Joseph
Sent: Tuesday, October 09, 2001 8:46 AM
To: Lay, Kenneth
Subject: A Personal Thanks

Dear Dr. Lay,

On Friday, September 8, 2000, I was on a business trip in Findlay, Ohio meeting with Marathon Ashland Petroleum Company Inc. We had recently signed a five year electric deal in Houston covering their Illinois pipeline and terminal facilities behind four utlities. I was there at their request to review other opportunities in Illinois and Ohio and present them with small gifts over a celebration dinner with their spouses. On Saturday, September 9, 2000 at approximately 5:30 am I was struck in my car by an eighteen wheeler passing traffic in a no passing zone.
Your kindness in providing my wife and I with your personal jet so that I could transfer from the Toledo trauma facility I was in, to a local hospital in our home state of New Jersey was greatly appreciated. I needed to be with my daughters and family and be fully evaluated for the multiple traumas I suffered. Getting home meant everything to us at the time, and there were no good alternatives before your generous gesture.
Since last year I have had three surgeries and am preparing for cervical spine surgery October 23, 2001, followed by knee surgery and ankle surgery. It has been an immensely stressful time for all of us, but we always come back to your help at our time of need. In addition, Dr. Lay, I cannot say enough about the kindness and care of Mark Harada, my supervisor and friend, who was at my side after the accident and who has been an endless source of support through our difficult times.
Mark Harada has been recognized by Enron for the exceptional individual he is. His potential value to Enron is immeasurable. He is truly the embodiment of what an Enron manager should be. I was saddened to hear his leadership role in EES had been diminished. He is exceptional.
Based on the surgeries that lay ahead of me, with the accompanying rehabilitation periods, it appears that I will not be returning to EES for several months. That is why I'm writing to you now. This was a long overdue note of thanks.
Lastly, in a conversation with John Boosey, (formerly Enserch), before his death, he asked if I spoke with you, to pass on his regards. John was a mentor to me during my years with Enserch/Ebasco and had been in ill health for some time.
Finally, from my wife, Dr. Gail Holian Pestana and I, thank you again for bringing us home.

Our Best Regards,

Joe and Gail