Enron Mail

From:boyd_j._springer@jonesday.com
To:dtucker@bracepatt.com
Subject:Revised Agency Draft
Cc:cdade@bracepatt.com, kay.mann@enron.com
Bcc:cdade@bracepatt.com, kay.mann@enron.com
Date:Thu, 22 Jun 2000 10:12:00 -0700 (PDT)

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David: Here are comments on the draft you sent yesterday. Good job as
always. (1) Page 1-should have new date; (2) Sect. 1.17-change spelling of
"interruptible" before parking and loaning; (3) Sect. 2.2-Note the sentence
toward the bottom of p. 4 indicating that neither MEH nor Peoples is liable
... in performing its duties, absent willful misconduct or gross
negligence." Does this (or something similar) sufficiently protect MEH from
liability so as to permit adjustment of 2.9 (ii) to delete the commercial
reasonableness qualification for MEH's responsibilities? From a regulatory
perspective, I would like to avoid qualifying the obligation to follow the
GTC, if we can address the liability concern in another way. (4) Sect.
2.10. There should be something before "(ii)", maybe "and"; Sect. 2.4.
There is a sentence missing between before the new sentence which Peoples
was in Peoples' draft and is important to include: "Peoples may only revise
information regarding firm Hub Capacity that is provided to MEH pursuant to
Section 2.4(a) if MEH consents to such revision." This should be the second
sentence of the text following the listed items (before the strikoeover
which starts "Peoples shall inform...").