Re: regulatory issues

Hi Ben,

Attached is an analysis of the regulatory rules and requirements relative to
merchant power plants in Florida and Indiana.

I will be happy to answer any questions you may have.

Regards,
Gloria.

Harry Kingerski@EES
03/17/2000 10:55 AM
To: Gloria Ogenyi/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT
cc:

Subject: Re: regulatory issues

---------------------- Forwarded by Harry Kingerski/HOU/EES on 03/17/2000
10:55 AM ---------------------------

Ben F Jacoby@ECT
03/17/2000 10:17 AM
Sent by: Ben Jacoby@ECT
To: Robert Frank/HOU/EES@EES
cc: Richard Shapiro/HOU/EES@EES, Harry Kingerski/HOU/EES@EES
Subject: Re: regulatory issues

Bob:

Sounds like a good start. What I'm interested in is the timing and risk
associated with obtaining a CCN, and whether there have been any other EWGs
which have set a precedent.

I look forward to reviewing the memo.

Thanks,

Ben

Enron North America Corp.

From: Robert Frank @ EES 03/17/2000 09:41 AM

To: Ben Jacoby/HOU/ECT@ECT
cc: Richard Shapiro/HOU/EES@EES, Harry Kingerski/HOU/EES@EES
Subject: regulatory issues

Ben, Harry Kingerski shared with me your message to Rick Shapiro relative to
your need for regulatory assistance on projects located in various
jurisdictions.
I have been assisting other ENA people on similar issues and now offer to
assume responsibility for putting together a matrix of the various rules that
apply to your projects. The primary issues that I see are as follows:

(1) whether new generation projects require a certificate of need or similar
grant of authority from state authorities, and if so, what is entailed in
obtaining such authority ;

(2) the degree to which, if any, the owners of such projects fall within the
regulatory jurisdiction of state PUCs (as a public utility or otherwise);

(3) whether there are state siting requirements (and if so, what are they);
and

(4) an assessment of local zoning requirements.

Obviously, there may also be environmental permitting issues as well - is
that something you are looking for a state-by-state assessment of as well?

I will send to you a memo that was prepared recently for ENA/Pulp & Paper
relative to a small generation project in Wisconsin. The purpose of sending
you the memo is to determine whether the issues analyzed in that context are
similar to those you are confronting. I will need more information about the
projects to get started. Please call me when you have a chance to discuss
this matter. -Bob (3-3180)