Enron Mail

From:kerry.stroup@enron.com
To:richard.shapiro@enron.com
Subject:Re: Missouri genco bill issues and a proposed strategy
Cc:janine.migden@enron.com, barbara.hueter@enron.com
Bcc:janine.migden@enron.com, barbara.hueter@enron.com
Date:Thu, 5 Apr 2001 02:29:00 -0700 (PDT)

Rick, here's the contact information. We received a call this morning from
our local MO political consultant Cagle that Ameren is applying extreme
political pressure to move the bill. It would be best for Ken to call Kinder
on Friday, when Kinder is in his office in Cape Girardeau. Number there is
573-335-6611.
----- Forwarded by Kerry Stroup/NA/Enron on 04/05/2001 09:14 AM -----

Kerry Stroup
04/02/2001 02:17 PM

To: Richard Shapiro/NA/Enron@Enron
cc: James D Steffes/NA/Enron@ENRON, Janine Migden/NA/Enron@ENRON, Steven J
Kean/NA/Enron@Enron
Subject: Re: Missouri genco bill issues and a proposed strategy

The best information we have at this point is that the bill will be
considered on the Mo. Senate floor in a few weeks. Roy Cagle, our political
consultant in Jefferson City, is keeping tabs and will advise of any
developments. It would be best given current information for the call to be
placed within the next week, Senator Kinder can be reached at his Senate
office at 573-751-2455. On Fridays he works out of his office at the
newspaper in Cape Girardeau, 573-335-6611.

Janine, I've forwarded you a briefing memo for Ken Lay.



Richard Shapiro
04/02/2001 01:24 AM

To: Kerry Stroup/NA/Enron
cc: James D Steffes/NA/Enron@Enron, Janine Migden/NA/Enron@Enron, Steven J
Kean/NA/Enron
Subject: Re: Missouri genco bill issues and a proposed strategy

We can get Ken to make the call- when does it need to occour?



Kerry Stroup
03/30/2001 05:03 PM
To: Richard Shapiro/NA/Enron@Enron, James D Steffes/NA/Enron@Enron
cc: Janine Migden/NA/Enron@Enron

Subject: Missouri genco bill issues and a proposed strategy

(from Barbara and Kerry)

Ameren UE has been successful in developing political support for a bill that
would permit each Missouri IOU to transfer its generation assets to a genco
at net book value. The genco would enter into a five-year term purchased
power arrangement with the utility, with subsequent minimum three-year term
renewals. Each utility transferring its generation assets would be required
to establish a "dedicated supply" tariff for large customers, who could elect
to obtain energy from alternative suppliers in a buy-through arrangement.
Alternative suppliers would be required to sell dedicated supply to the
utility in a wholesale transaction; the utility would transport the power to
the large customers, who, from an operational perspective, remain native load
customers of the utility.

The Senate Commerce and Environment Committee has passed the bill, which will
be considered by the Senate sometime in the next several weeks. If the
Senate passes the bill, the debate will resume in the House. Legislators are
interested in moving the bill because they believe it will improve
reliability of supply in Missouri. Ameren UE has postponed building
generation, and will require an additional 800 MW for next summer. In the
wake of the California situation, the legislative interest is not in
providing a competitive discipline to the marketplace. Ameren has promoted a
genco structure as necessary for mitigating the investment community's
concern over regulatory risk associated with building new generation
facilities under traditional rate of return regulation.

There are a number of problems with the bill. From a retail aspect, it will
be difficult if not impossible to compete for large customers, who will be
able to procure power from the utility at FERC established cost-based rates
that are currently below market. In its present form the bill does not
include meaningful code of conduct provisions, and it permits the utility to
enter into billing and metering "experiments" in which customers can be
aggregated and sold utility services at unregulated rates. Although the bill
requires that rates for utilities establishing gencos must be reestablished
in rate cases within twelve months prior to the transfer of generation
assets, it is unclear the extent to which rates will be unbundled. Finally,
alternative generation suppliers and their customers would be subject to
balancing charges, which render physical transactions untenable at this time.

From the wholesale perspective, the bill is unacceptable because incremental
resources required to serve Missouri retail load are not required to be
competitively procured. An earlier version of the bill would have permitted
competitive procurement of additional generation sources at the utility's
discretion, but was removed at the request of the Missouri PSC staff, who are
sensitive to the legislature's focus on the issue of reliability.

The bill is sponsored by President Pro-Tem Peter Kinder, who in the past
introduced comprehensive legislation that required competitive procurement
for customers not choosing alternative supply sources. Although Senator
Kinder told Barbara and Roy Cagle that he would support passage of a bill
this year, he does not appear to be taking an active interest in the details
of the legislation.

Senator Kinder belonged to the same fraternity at the University of Missouri
as Ken Lay, though they didn't attend college together. Senator Kinder has
voiced his admiration of Ken Lay, and met him at the Republican Convention
this year. It might be possible to persuade Senator Kinder to improve the
bill, if Ken Lay were to communicate personally with him.

We recommend that Senator Kinder be persuaded to alter the bill to require
competitive procurement for incremental generation resources. On the basis
of our discussions with EES and ENA, it appears that taking steps to address
retail market structure problems will not put us in a position to compete
effectively for large customers in the short and mid term.

Barbara and I will prepare briefing materials for Ken Lay, if you wish to
proceed in this fashion. Please advise.