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Enron Mail |
Hi Vasco,
Did you get the fax of the e-mail I sent you last week? Have you had a chance to talk to Mr. Bermudes about the issues raised? Maybe it would be a good idea to have that firm draft the complaint we would file and have it translated for John ad I to review. This would keep the ball moving forward. What do you think? Thanks in advance. -----Original Message----- From: "Vasco Ferraz" <DCMP#c#DCMP.PCMP#c#vferraz@elektro.com.br<@ENRON [mailto:IMCEANOTES-+22Vasco+20Ferraz+22+20+3CDCMP+23c+23DCMP+2EPCMP+23c+23vfer raz+40elektro+2Ecom+2Ebr+3E+40ENRON@ENRON.com] Sent: Thursday, March 15, 2001 12:52 PM To: Brownfeld, Gail Subject: Enc.: Dear Vasco, Content-Transfer-Encoding: quoted-printable Date: Thu, 15 Mar 2001 12:15:37 -0300 From: "Vasco Ferraz" <vferraz@elektro.com.br< To: DSAO.INTERNET#c#enron.com#c#Gail#c#Browfeld@elektro.com.br, DSAO.INTERNET#c#enron.com#c#John#c#Novak@elektro.com.br Cc: tcalvao@elektro.com.br Subject: Dear Vasco, Mime-Version: 1.0 Content-Type: text/plain; charset=ISO-8859-1 Content-Disposition: inline Dear Vasco, Confirming our conversation of this afternoon, I would like to inform you that the strategy concerning the question of the price increase for the purchase of Itaipu's energy is the following: (i) extra judicial consignation (at an official bank) of the amount of Furnas' invoice, without contemplating Aneel's resolution nr. 581/2000 increase; (ii) according to the law (Civil Procedure Code, article 890, oo 1 to 4), Elektro will send an extra judicial notification to Furnas, informing about the deposit effected at the official bank; (iii) Furnas will have 10 days to manifest itself about this payment: (a) accepting, the debtor will be considered as released of the obligation; (b) refusing to effect the payment, through letter sent to the official bank. Consequently, Elektro will have to propose, within 30 days, the competent payment into court proceeding against Furnas and the subsequent invoices should be deposited at court; (iv) besides the payment into court proceeding against Furnas, an ordinary lawsuit will be proposed against Aneel, in order to recognize that the Itaipu's cost increase could only be liable to Elektro when passed on to the energy rates. This lawsuit would also demand a declaration that every time the price of energy purchase increases, the rates would automatically be increased accordingly. Elektro shall ask for an injunction to prevent Aneel from establishing legal and contractual sanctions against Elektro because of partial payments made to Furnas, i.e., payments without Aneel's resolution nr. 581/2000 increase. Remaining at your disposal for any further explanation deemed necessary. Best regards Marcelo Ferro
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