SWPC Outstanding Invoices

----- Forwarded by Richard B Sanders/HOU/ECT on 09/28/2000 10:37 AM -----

Charles Ward@ENRON
09/28/2000 10:21 AM

To: Richard B Sanders/HOU/ECT@ECT
cc: Dan Lyons/HOU/ECT@ECT, Garrick Hill/HOU/ECT@ECT, Carl
Tricoli/Corp/Enron@Enron, W David Duran/HOU/ECT@ECT
Subject: SWPC Outstanding Invoices

In order to resolve our warranty issues under the outstanding invoices with
SWPC (both before and after our purchase), I request that Milbank Tweed be
engaged for a limited review of the documentiation surrounding the issues
(including warranty, consequential damage, incremental labor coverage).
Milbank has a depth of project experience on project construction and
equipment suppliers and their agreements. I would propose the West Coast
office and allow Ed Feo to select the appropriate personnel.

While I beleive that Milbank is not the only firm that can perform this
engagement adequately, I do believe that they could be timely and cost
efficient on a issue as largely commercial issue as this. Please let me know
your view as we need to resolve our options, and ultimately our course of
action next week.

Chuck Ward