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FYI
---------------------- Forwarded by Kay Mann/Corp/Enron on 08/31/2000 03:57 PM --------------------------- "Boyd J. Springer" <bjspringer%JONESDAY@JonesDay.com< on 08/31/2000 03:33:34 PM To: gregg.penman@enron.com cc: kay.mann@enron.com Subject: ICC Petition _______________________________________________________________ This message and any attachments are intended for the individual or entity named above. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others; also please notify the sender by replying to this message, and then delete it from your system. Thank you. _______________________________________________________________ Jerry Fox reports that Peoples is reviewing the Peitition and plans to generate a new draft. Jerry indicates that Peoples does not think it will be possible to identify a standard or guideline which the ICC could consider with respect to the "complex" transactions covered by the agreement (for example, pricing within a designated percentage or amount of an index level). Do you have any thoughts on this? The Petitiion is asking that the ICC approve these transactions in advance, so it is best to explain as fully as possible what the transactions will look like. Jerry is also not sure what can be said about why these transaction benefit the public (the standard for approval under 7-101). I had assumed that the transactions might use otherwise idle capacity or create a credit to gas cost otherwise recoverable under the Illinois PGA. Jerry is still considering this. Jerry reports that Mary Klyshaaf and others spoke to the ICC Staff about this and suggested that the affiliate agreement should be approved because transactions under it are similar to transactions currently on-going with non-affiliates. Jerry, however, is uncertain about the nature of these transactions. I suggested that one approach might be to identlfy some of the referenced transactions to see what can be said about why they are in the public interest. If you have any ideas on these points, please let me know. Jerry seems to agree that the Petition would be improved if information could be added to explain why transactions under the agreement would be beneficial to Peoples' customers.
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