Enron Mail

From:christian.yoder@enron.com
To:elizabeth.sager@enron.com, steve.hall@enron.com
Subject:PacifiCorp: the ambit of Closeout Setoff
Cc:
Bcc:
Date:Mon, 4 Jun 2001 11:22:00 -0700 (PDT)

Every cheerful little deal has a sticky point. On the PacifiCorp-EEI
journey, we have finally stumbled onto ours. They like Option A for closeout
setoff, which limits everything to just the parties, no affiliates and no
other agreements. We like Option B which brings in the whole universe.
They justify their position in a very confident manner by just assuming that
any attorney worth his salt would just automatically know that as a REGULATED
UTILITY they just can't go to Option B. Then, they turn to me and say:
"Christian, we thought you would know this. How do you justify your position
with PGE?" At which point I act like it is no problem at all, but do not
offer a reason. We are going to have to get into the reasons with these
guys. Is there any regulated utility reason why we cannot use the broader
setoff approach? Please help me think about this and Steve, prehaps someone
at your former firm could guide us here. ----cgy