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Enron Mail |
I need to think of an avenue (other than DOJ, which is already looking into=
this) to pursue this issue. Coal isn't "regulated" by any agency, which = makes it difficult. DOE would care, but wouldn't necessarily have the abi= lity to do anything about this. I'll talk to my friend Lara and see what s= he has to say. Lisa -----Original Message----- From: =09Schroeder, Mark =20 Sent:=09Thursday, October 18, 2001 3:50 PM To:=09Yoho, Lisa Cc:=09Pack Jr., Scott Subject:=09restrictive contract clauses Lisa - as you probably know, the Pitt seam is characterised by a few domina= nt players, most notably Consol and RAG. Consol, especially, is resistant = to our business model (transparency, liquidity). We have heard that they a= re putting clauses into contracts that prohibit the resale of their coal, b= y their utility customers. I used to know more about this area of the law,= but isn't this impermissible? If so, (but don't do this, yet), is it poss= ible to give DOJ a "heads up", so they could send appropriate demands for i= nformation? We definitely would not want our fingerprints on this. Policy= makers should be on our side, as a matter of energy policy, because in time= s like these, when coal supplies are still tight, you want free movement of= the commodity to where it is needed, when it is needed, rather than creati= ng artificial shortages because someone long Pitt seam coal cannot re-sell = it. Also, such restrictions are likely to inhibit development of effective= risk management mechanisms, like the Northerern App. contract that Alleghe= ny has been talking about (and which I understand we might put on EOL, if/w= hen the contract is developed). Your thoughts? thanks mcs
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