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Enron Mail |
Cc: matthew.tezyk@enron.com, ben.jacoby@enron.com, chris.booth@enron.com,
kay.mann@enron.com, dan.shultz@enron.com, trosen@jwortham.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: matthew.tezyk@enron.com, ben.jacoby@enron.com, chris.booth@enron.com, kay.mann@enron.com, dan.shultz@enron.com, trosen@jwortham.com X-From: Scott Laidlaw X-To: James P Studdert X-cc: Matthew Tezyk, Ben Jacoby, Chris Booth, Kay Mann, Dan Shultz, trosen@jwortham.com X-bcc: X-Folder: \Kay_Mann_June2001_1\Notes Folders\All documents X-Origin: MANN-K X-FileName: kmann.nsf thanx for note. ref: section 19.2.1, cargo insurance of the "purchase contract between enron equipment procurement company and siemens westinghouse power corporation (a siemens company) for one (1) w501d5a gas turbine generator package," y2k(6)-2-98 contract, r3 (ct) 03/17/99, provides that: "Purchaser shall provide or cause to be provided and maintained for the period of transportation, in sufficient time so as not to delay Seller's transportation of the Equipment, Cargo Insurance for Equipment. Such insurance will be provided as Marine Cargo Insurance on a warehouse to warehouse basis insuring Equipment against loss or damage arising from customary "all-risk" marine perils (including war, strikes, riots and civil commotion) while in transit. The deductible (the responsibility of Seller) shall be Twenty Five Thousand US Dollars ($25,000) for each and every physical damage loss. Purchaser shall provide, or cause to be provided, Seller the opportunity to review and comment on the draft Cargo insurance policy prior to its placement. Such review shall occur as soon as available. Seller's review shall be limited to 15 days from Purchaser's submission of draft Cargo Policy. Purchaser shall incorporate or cause to be incorporated Seller's suggested changes to the Cargo Policy provided such provisions are common, customary, and are reasonable commercially available. Such policy shall specify Seller as an additional insured and waive any rights of subrogation against Seller under such policy." where Purchaser is enron. where Seller is siemens-westinghouse. where Equipment "shall mean the CT-Unit and all other material and supplies to be furnished by Seller pursuant to the Scope of Work." where CT-Unit "shall mean a nominal 501d5a gas turbine generator econopac with generator package with all its ancillary and auxiliary equipment." hope this helps. we can fax a cc of this section as needed. plz advise, including names and fax numbers. also, plz advise if addl info needed. regards. scott. James P Studdert@ECT 11/30/2000 12:46 PM To: Scott Laidlaw/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Matthew Tezyk/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT cc: James P Studdert/HOU/ECT@ECT Subject: Re: FURTHER UPDATE TO Westinghouse 501D5A Generator Damaged, M/V IndustrialBridge. Project: Doc. Nbr.: Please see the comments from Ted Rosen below and advise if this can be answered. Thanks. ---------------------- Forwarded by James P Studdert/HOU/ECT on 11/30/2000 12:41 PM --------------------------- James P Studdert 11/30/2000 09:23 AM To: David Marshall/HOU/ECT@ECT cc: James P Studdert/HOU/ECT@ECT Subject: Re: FURTHER UPDATE TO Westinghouse 501D5A Generator Damaged, M/V IndustrialBridge. David, can you come up with the requested documentation, and if there is none, can you write an explanatory memo as to how this came down? ---------------------- Forwarded by James P Studdert/HOU/ECT on 11/30/2000 09:17 AM --------------------------- "Ted Rosen" <trosen@jwortham.com< on 11/30/2000 09:19:51 AM To: <James.P.Studdert@enron.com< cc: Subject: Re: FURTHER UPDATE TO Westinghouse 501D5A Generator Damaged, M/V IndustrialBridge. Jim: Thanks for the reply. Sharron has focused on the comment that the unit has not actually been "delivered" to Enron and that title, ownership, and custody are still with SWPC. She is therefore questioning Enron's insurable interest. I have commented to her that Enron can insure goods titled to another party as long as Enron has instructions to insure the goods. Sharron does not dispute this, but has asked if there is any documentary evidence that would show that Enron had instructions to insure this cargo. I think we can interpret "instructions" liberally. If there is a purchase order or similar agreement that states that Enron is to insure the turbine, that should be sufficient. Would you please ask for this? Thanks and regards, Ted Rosen <<< <James.P.Studdert@enron.com< 11/29/00 11:08AM <<< Here's the response, finally. ---------------------- Forwarded by James P Studdert/HOU/ECT on 11/29/2000 11:04 AM --------------------------- Scott Laidlaw@ENRON_DEVELOPMENT 11/29/2000 10:24 AM To: James P Studdert/HOU/ECT@ECT, Matthew Tezyk/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Dan Shultz/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Ben Jacoby/HOU/ECT@ECT cc: Subject: FURTHER UPDATE TO Westinghouse 501D5A Generator Damaged, M/V Industrial Bridge. plz see addl comments below in blue; i.e., reflects conversation with mr. matt tezyk. regards. scott. ---------------------- Forwarded by Scott Laidlaw/ENRON_DEVELOPMENT on 11/29/2000 10:13 AM --------------------------- Scott Laidlaw 11/29/2000 08:38 AM To: James P Studdert/HOU/ECT@ECT, Matthew Tezyk/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Dan Shultz/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Ben Jacoby/HOU/ECT@ECT cc: Subject: Re: Westinghouse 501D5A Generator Damaged, M/V Industrial Bridge. (Document link: Scott Laidlaw) regrets. i thought that this had been previously responded to. see below for comments in red. regards. scott. James P Studdert@ECT 11/28/2000 08:51 PM To: Scott Laidlaw/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Matthew Tezyk/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT cc: James P Studdert/HOU/ECT@ECT Subject: Westinghouse 501D5A Generator Damaged, M/V Industrial Bridge. Project: Doc. Nbr.: No one has bothered to respond! The questions below need to be answered BY SOMEONE! Underwriters are growing impatient, and if no response is forthcoming, they will assume we have withdrawn the claim and close their file. Can SOMEONE please respond? ---------------------- Forwarded by James P Studdert/HOU/ECT on 11/28/2000 08:45 PM --------------------------- James P Studdert 11/15/2000 12:17 PM To: Scott Laidlaw/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Matthew Tezyk/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT cc: James P Studdert/HOU/ECT@ECT Subject: Westinghouse 501D5A Generator Damaged, M/V Industrial Bridge. Gentlemen, if I've left out who this should be directed to, please forward to whomever can provide the answers. Is Enron Equipment Procurement Co. still pursuing a claim against Enron cargo insurers? comment - we probably need to discuss this with ena's ben jacoby so that you can receive specific guidance. as i understand it, since enron's insurance (e.g., marine cargo) is primary, enron will pursue a claim against the enron cargo insurer. further comment - the answer remains "yes." again, must discuss with ena's ben jacoby because of his commercial involvement/expectations. If so, I must provide proof of ownership of the damaged generator (other than an e-mail message). Please provide ASAP. comment - what do you need? while enron has made approx. 95% of the payments for the gas turbine generator unit, it is likely that ownership still resides with westinghouse - i.e., it was never delivered per the equipment purchase contract with enron. again, what type of documentation do you need? does it matter if westinghouse is still in the loop? further comment - at this time, title, ownership, care, custody and control remain with westinghouse. further, westinghouse must continue to be in the loop because the monies for the damaged might ultimately be paid to them - i.e., westinghouse provides enron with a new replacement generator; then, westinghouse receives the insurance money to cover their loss/damaged generator. Is the generator to be repaired? comment - no, the generator is not to be repaired. instead, a replacement generator is being manufactured in austria for westinghouse and is to be delivered to the port of houston in the mid-april01 timeframe. If so, when and where. comment - n/a. Underwriters surveyor needs to examine it when it is taken apart. comment - n/a. The surveyor was told when he made an inspection at the Port that a detailed repair estimate would be provided to him on the other unit that was damaged, and this would provide a guide as to the type of damage on our unit. comment - only the generator was damaged. the gas turbine is complete and resides in houston. i do not understand your comment about damage to another unit further comment - the "other unit" does not belong to enron - i.e., it belongs to another westinghouse client. plz understand that the "other unit" was immersed deeper in salt water than our unit. as a result, its damage was greater. in that we are getting a replacement generator, we have to assume that the "other unit" that was also damaged is also being replaced. therefore, it can be inferred that the damage estimate for both generators are approximately the same. To date, nothing has been sent to our surveyor. comment - none. further comment - we are not sure about your statement. our understanding is that you previously both communicated with and sent the accident survey of westinghouse's underwriter to our surveyor. As it has been over three months since the unit arrived in Houston in its damaged condition, if Enron expects to collect from Enron cargo insurers, we must move forward in providing the information previously requested, or prejudice Enron's claim to recovery due to lack of cooperation with the adjuster/surveyor. comment - noted.
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