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Enron Mail |
We (Mike Gough, plant manager, Mike Mazowita and various Westinghouse "SWPC"
commercial folks) have had a few lengthy discussions concerning the February, April and August outages. The current issues and their status is as follows: Outstanding Invoices: The Feb and April invoices total to $1,627,541.81. The breakdown is 2 times $420,388.06 Labor and $786,765.69 Parts. We have analysed the Parts invoices and have determined that the calculation correctly (or favourably in some cases) determines the correct useful life charge. Tenaska Invoice Dispute: Tenaska asserted that they should not be required to pay either the parts or the labor for these outages (and would have held similar for the August outage). The parts which were the source of the failure, the transition pieces and seals (including allocable labor), were noted on the invoices as "Warranty." The invoices were for the "actually used life" for the repaired/replaced components as well as the incremental labor associated with replacing these components. Tenaska believes the incremental should be covered under consequential damages under either the warranty provisions of the maintenance agreement or the individually signed labor agreements. SWPC contends that there is no consequential damage concept in either agreement. Temporary resolution as of today: We have agreed with SWPC to pay all parts life charges and hold aside the labor charge in escrow pending legal review. The review and either concurrence with SWPC or Tenaska needs to be reached immediately. I would like Richard Sanders of legal to spearhead this review and deliver a preliminary view by cob tomorrow. We will execute some form of escrow and or payment depending upon Richard's determination. Power Systems root cause analysis: We will have PS at the site during next weeks outage and will be required to pay for 1 full 8 hours of shift downtime. Once we know the legal review from 3 above, I will inform SWPC of this issue. The plant personnel already know and will fully cooperate. At this time, I would not expect that we have a potential disclosure issue on the invoices (certainly open to change). Chuck Ward
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