Re: SW 501D5A Damage Claim

Good idea to give them a heads up.

From: Ben F Jacoby @ ECT 10/10/2000 06:59 PM

Sent by: Ben Jacoby@ECT
To: Janet R Dietrich/HOU/ECT@ECT, David W Delainey/HOU/ECT@ECT
cc: Kay Mann/Corp/Enron@Enron

Subject: SW 501D5A Damage Claim

Janet and Dave:

As I believe you both know, the generator for the former CALME 501D5A for
which we are now responsible was damaged beyond repair during shipping. Under
the turbine purchase contract, I believe we have a strong LD claim against
Westinghouse which could amount to a couple million dollars or so. I am
currently in the process of working with EE&CC on transitioning commercial
responsibility for this turbine and any LD claims from EE&CC / CALME to ENA
East Originations. Unless you direct me otherwise, I intend to pursue the LD
claim we are due under the contract. Of course, I will be working in
conjunction with ENA legal (Kay Mann) and EE&CC.

I wanted to make you both aware of this as one or both of you may receive a
phone call from EE&CC who might have a different view as to the appropriate
course of action.

Please let me know if you have any questions or concerns.

Regards,

Ben