Enron Mail

From:david.fairley@enron.com
To:tom.may@enron.com, kay.mann@enron.com
Subject:RE: MDEA Commercial Issues
Cc:reagan.rorschach@enron.com, lloyd.will@enron.com, kayne.coulter@enron.com
Bcc:reagan.rorschach@enron.com, lloyd.will@enron.com, kayne.coulter@enron.com
Date:Fri, 11 May 2001 12:58:00 -0700 (PDT)

Tom -- Good point. I am glad that you came to this conclusion. The way the
contract is written now provides that MDEA can do term deals on their own
with third parties. Our profit calcs are covered. On the other hand, MDEA
does not have the ability to do hourly and daily type deals with third
parties. We can talk about this aspect and I can give you the reasons for
doing it this way. In referring to the way the contract is written, take
that comment with a grain of salt since we have not finished the contract,
and a lot of areas like this may need work by our side (commercial) so that
Kay can finish the doc. Thanks -- David

-----Original Message-----
From: May, Tom
Sent: Friday, May 11, 2001 3:42 PM
To: Mann, Kay
Cc: Rorschach, Reagan; Will, Lloyd; Fairley, David; Coulter, Kayne
Subject: Re: MDEA Commercial Issues

I think that this will continue to be a very sticky issue for us on all
services deals and I think the following is the way to handle it.

We build into all of these contracts that the counterparty may at any time,
chose to transact directly with a third counterparty. We would still
administer the contracts and perform the scheduling etc. for them if they
chose to do this. In this way, the customer may always chose to deal
directly if they chose and we would be doing the scheduling. I believe that
this will serve to counteract concerns that we will not provide them fair
market prices since they could always chose to deal directly. We are
confident that our prices are will be competitive and that the counterparty
will chose to transact through us. We would of course need to protect our
share of the benefit in the case they transact with someone else.

Tom.




Kay Mann
05/11/2001 09:40 AM
To: Reagan Rorschach/ENRON@enronXgate
cc: Lloyd Will/HOU/ECT@ECT, Tom May/Corp/Enron@Enron, David
Fairley/ENRON@enronXgate

Subject: Re: MDEA Commercial Issues << OLE Object: StdOleLink <<

Another point:

How do we price gas/power we sell to them, especially in light of our duty of
good faith and fair dealing?

Not expecting an answer via email, this is just a topic for further
discussion.

ckm




From: Reagan Rorschach/ENRON@enronXgate on 05/11/2001 09:03 AM
To: Lloyd Will/HOU/ECT@ECT, Tom May/Corp/Enron@Enron, Kayne
Coulter/HOU/ECT@ECT, Richard Broussard/Corp/Enron@Enron, Kay
Mann/Corp/Enron@Enron, David Fairley/ENRON@enronXgate, Jim Homco/HOU/ECT@ECT,
Gerald Gilbert/HOU/ECT@ECT
cc:

Subject: MDEA Commercial Issues

In an effort to get the commercial terms of the contract organized and
papered, we discussed the following issues during yesterday's meeting:

? What will be the contracted process for setting the Bogey?
? What heat rates or heat rate ranges will go in the contract?
? Can we create a schedule to collar the Bogey given a certain gas price?
? Can we get a gas management fee for being the Fuel Manager? (this is a
retrade)
? How does the network service transmission agreement including ancillary
services get accounted for in the "cost" calculation?
? How does Imballance get sorted out at the end of the the month as a profit
or a cost?

Regarding calculation of the Bogey, we have several issues. First, what is
the methodology? Rick is very close to having a stack model that
incorporates the business rules including minimum run times, startup costs,
VOM, etc. Second, what are the daily inputs and who is responsible for
running the model? This process will need to be documented every time the
calc is performed. Third, what is the timing of the calc? We discussed
getting the input info by 2am and doing the calc on a "day ahead" basis.
Only on a select basis would the calc be re-done mid-day.

We are planning on meeting with Marvin next week and working to resolution on
these issues. This should result in a set of business rules that can be put
into the contract.

Please comment/correct/add/subtract to any or all of the above. David
Fairley and I will be sending out the Marketing Strategy and Trading and Risk
Policy later this morning.

Thanks,

Reagan