Enron Mail

From:kay.mann@enron.com
To:nwodka@bracepatt.com
Subject:Notes from Wednesday (9/13/00) Development Meeting
Cc:
Bcc:
Date:Fri, 15 Sep 2000 05:38:00 -0700 (PDT)

For your information.
---------------------- Forwarded by Kay Mann/Corp/Enron on 09/15/2000 12:37
PM ---------------------------


Reagan Rorschach
09/14/2000 06:09 PM
To: Heather Kroll/HOU/ECT@ECT, Ozzie Pagan/HOU/ECT@ECT, Ben
Jacoby/HOU/ECT@ECT, Jeffrey Keenan/HOU/ECT@ECT, John Moore/Corp/Enron@Enron,
Kay Mann/Corp/Enron@Enron, Karen E Carter/NA/Enron@Enron, Rebecca
Walker/NA/Enron@Enron, Tom Chapman/HOU/ECT@ECT, Dave Kellermeyer/HOU/ECT@ECT,
Regan Rorschach/NA/Enron
cc:

Subject: Notes from Wednesday (9/13/00) Development Meeting



CPCN
Allyson filed the ammended application 9/13/00.
Intervener and staff testimony is due 9/15/00. This changed to 9/22 based on
Allyson's email.
Enron rebuttal testimony is due 9/22/00. This will be moved back as well.
Commission hearing is on 10/2/00. This should stay firm based on Allyson's
email.

Note: If the AG's office and NCNG, the intervenersm, elect not to file
testimony on 9/15/00, they can still come to the hearing and cross-examine.

Commission may issue CPCN conditional upon execution of the PPA; however,
this is not certain.
Staff is worried about Merchant Plants--the VEPCO PPA has the shortest time
period they have seen.
Allyson will call the AG's office 9/14/00 to discuss the AG's intervention.
The Commission's hearing will be October 2, 2000.
We will ask for an expedited briefing schedule (i.e. 2 weeks)
Optimistically, CPCN may be issued by the end of October.
We can only do site preparation work without the CPCN. NO CONSTRUCTION.

Action Items:
Get a copy of the AG's intervention papers.
What is the status of NCNG's intervention?
Get Allyson to define the schedule going forward including potential hurdles.


Electrical Interconnect

Reagan and Terri spoke with Tim Talmadge (VEPCO) 9/13/00. It appears that
VEPCO is not far along in the study process. We will follow-up with Wayne
Duman of VEPCO and set a meeting as necessary. Before we talk with VEPCO
again, however, we need to understand the interconnect process with respect
to the Edgecombe project. Are we subject to the VEPCO tariff interconnect
procedures, does PPA specify, or is this VEPCO's problem not ours?

Action items:
Meet with Heather to discuss interconnect as it stands to date (i.e. with
respect to VEPCO RFP and PPA negotiations).
Review VEPCO tariff.
Review PPA for reference.
Review draft interconnect agreement and submit/negotiate with VEPCO.
Followup with Wayne Duman to further discuss VEPCO interconnect issues and
set meeting, as necessary.
We need to find out who VEPCO's attorney is who is working on the
Interconnect and Operating Agreement.


Gas

The gas deal is a function of annexation of the property by Rocky Mount
insofar as Rocky Mount will be the gas supplier.

Action Items:
Where does Rocky Mount (LDC) stand with repsect to getting their allocations
from NCNG increased?
Is our site behind the Rocky Mount gate?
Do we need to work on an interconnect agreement with NCNG concurrently (as an
insurance policy)?
Develop a construction schedule.
Check with Bill Sherk to see what his progress has been regarding NCNG
negotiations.
Meet with Heathe and Ozzie to discuss/strategize.

Annexation/Zoning/Conditional Use Permit

Bill Sherk referred us to Bill Hoyle, attorney for the city's planning
commission. Hoyle referred us to Deck McCain, senior planner for the city.
Discussions with McCain (9/13/00) reveal some timing issues with respect to
annexation. If we begin construction prior to annexation, we must go through
the county's process--Stuart Bass is the county planning director. Once
annexation happens, we go through the city's process.

The city process would include re-zoning as I2CU (CU = conditional use).
This would take care of zoning and the conditional use permit at the same
time. This does involve filing notice AND holding a public meeting AND is
expected to take approximately 60 days. McCain was to prepare a package of
information including the annexation petition, general statutes, and a letter
describing the city's process and Enron deliverables.

In a follow-up conversation with McCain (9/14/00), he indicated that the
city's expectation is that Enron would begin construction before annexation.
We would, therefore, be subject to the county's zoning and conditional use
permit processes. He put his submittal preparation on hold as a result.

Action Items:
Talk with Kay Mann regarding expansion of Kilpatrick's scope to define these
processes (zoning, annexation, and conditional use permitting) for us.
We need to build the "road maps" for annexation, zoning, and conditional use
permitting processes.
Understand how zoning and conditional use permitting-- at the city and county
levels--effect construction.
Begin Conditional Use Permitting process with county and city, concurrently.
Discuss our timing for option transfer.

Taxation

Rocky Mount made a verbal tax proposal totaling approximately $750,000 over 4
years. We have not evaluated or discussed with them further. Financial
model uses Enron tax assumptions.

Action Items:
Calculate present value of the Rocky Mount proposal.
Get with Kay Mann to see if Kilpatrick can get a copy of the deal Dynegy
negotiated for their project.
What is the legal framework through which Rocky Mount has to offer such a tax
deal?
What else does the legal framework offer, and can we negotiate a position we
like?
Determine what depreciation schedule the city will use.
Determine what we think the taxes ought to be and PV it as a point of
comparison.


Land

Mayor of Rocky Mount was contacted by Bill Sherk last week about getting the
ball rolling on acquiring more land. Bill Sherk is going to begin the
discussions with Ms. Ryerson and wants to make sure how much additional land
we are asking for.

Action Items:
Review site map with respect to additional land desires.
Followup with Bill Sherk.
Talk with Kay regarding option conveyance document and lease agreement.

Air

Air permit is in-house. To finalize the permit, we need to get a letter from
the city, the county or both.

Action Items:
Get Janet's signature on the permit application.
Get check cut for application fee.
Get necessary letter from City of Rocky Mount and/or Edgecombe County (ENSR
is engaged on this).
Send it all in.

Regulatory

During thsi politically driven CPCN process and considering the critical
juncture, we should enlist external support, as we can.

Action Items:
Get with Tom Chapman to find out the "do's and don'ts" with regard to
mustering political support.
Senator support letter, as appropriate.
Supportive inquiry phone calls, etc.