Enron Mail

From:d'arcy.carroll@enron.com
To:brent.hendry@enron.com
Subject:Re: Champion - legal
Cc:andrea.bertone@enron.com, claudia.brun@enron.com, don.black@enron.com,lotavio@elektro.com.br, baccaro@elektro.com.br
Bcc:andrea.bertone@enron.com, claudia.brun@enron.com, don.black@enron.com,lotavio@elektro.com.br, baccaro@elektro.com.br
Date:Tue, 24 Aug 1999 10:07:00 -0700 (PDT)

Pls see comments. (and note that have forwarded proposal separately).




Brent Hendry
08/24/99 04:14 PM
To: D'Arcy Carroll/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT
cc: Andrea Bertone/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Claudia
Brun/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Don
Black/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Sara Shackleton@ENRON_DEVELOPMENT

Subject: Re: Champion - legal

I am still somewhat unclear on the indexing structure but I will specify what
I see the deal as and you can correct me if I get it wrong.
When the deal was described to me it sounded like we were buying a floor and
that we would imbed the floor into the physical power deal. After looking at
the structure you sent it looks like they are the ones buying the floor.
They are getting paid (by virtue of the reduced cost of energy) if the spot
goes below the strike.
now i'm confused (!) - Champion will benefit from a fall in paper prices
through a reduction in the cost of their energy, limited to a minimum of R$40
with an original and maximum price of R$42.75; defer to you for advice on how
to best structure this i.e., theoretically, both Champion and Enron S.A. are
"buying" puts, floor (Champion from ECE and ECE from Enron N.A.) - but, yes
absolutely no question, ECE would prefer to imbed the product in its energy
sale, so that Champion only sees floating price with possible adjustments to
the downside

Based on your email this is how I think the deal would be structured.

We supply on a firm basis 3MW of energy for three months.

They pay a floating price for the energy based on the following formula:
R$42.75 minus an amount, if positive, equal to [factor] multiplied by the
difference between [a strike price in R$] and the Spot Price. The Spot Price
will be in R$ per pound of a paper product quoted in R$ [which is to be
defined]. (I did not understand your third bullet point very well. The
relationship between the two indexes was unclear and contrary to your formula
it did not appear that these indexes were quoted in R$. Please clarify these
issues for me.) Formula: R$42.75 * (Avg. (decrease) Index price - Spot or
Floor Price)/Spot or Floor Price (Page 2 of proposal "Tarifa") eg adjusted
each month on the % decrease in the monthly index average Note: would like
prefer to set the Spot or Benchmark Price at outset.


The R$ versus Pounds/Metric Ton issues are very good points - defer to you, I
think, Brent/Andrea for preferred structure; in this case, Champion will I
think defer to us. We can ask how they execute for their exports and
R$/Pounds exposure.

We will need to know where and when to pick up the spot price so that
everyone understands what published price will be used each month when the
price is determined. The [factor] will be something you will need to come up
with to correlate the volumes you are hedging with the amount of electricity
actually sold. We will also need to make clear if there will be a floor on
how low the price can go. R$40.MWh Do you intend for the price to be able to
go below zero? If so, what do you intend to happen? Based on your answers
we will need to go to outside counsel to make sure we do not violate the
Brazilian anti-gaming laws or any regulations.

I may have missed the point of how the trade is supposed to work so any
additional information would be helpful before we go to outside counsel.
Thanks.



D'Arcy Carroll
24/08/99 05:44 PM
To: Andrea Bertone, Brent Hendry/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT
cc: Claudia Brun, Don Black
Subject: Champion - legal

Pls find overview listed re ECE-Champion-Elektro transaction:

ECE selling equivalent of 3MW (Peak- and Off-peak) energy eg consumption
take-or-pay for period Sep - Oct - Nov
Price will be R$42.75 which represents 5% discount to present average Elektro
rate of R$45
ECE wants to adjust on a monthly basis the R$42.75 sales price downward
should the price of PPI UK A$ cut size 80g index or the PPI UK A4 Reels 60g
index average below Strike Price x (Pounds per Metric Ton). The adjustment
will be based on formula: Avg. Monthly hedged volume * (Index avg-Strike
Price) * R$/Pound spot price

We are trying to finalize negotiations this afternoon re both the energy sale
and the incorporated index and strike etc.,... and should feel like we have
substantial flexibility to articulate how best to structure the
transaction. Pls shoot any/all inputs including needs for additional
information.