Enron Mail

From:lisa.yoho@enron.com
To:richard.shapiro@enron.com
Subject:RE: restrictive contract clauses
Cc:
Bcc:
Date:Thu, 18 Oct 2001 14:06:57 -0700 (PDT)

I know (about leaving all this, not about Houston). Does that mean you'll =
miss me? =20

-----Original Message-----
From: =09Shapiro, Richard =20
Sent:=09Thursday, October 18, 2001 4:06 PM
To:=09Yoho, Lisa
Subject:=09RE: restrictive contract clauses

How can you leave all this ? and Houston...the best place to live(I'm serio=
us)

-----Original Message-----
From: =09Yoho, Lisa =20
Sent:=09Thursday, October 18, 2001 3:57 PM
To:=09Leibman, Lara
Cc:=09Shapiro, Richard
Subject:=09FW: restrictive contract clauses

Sound familiar? Let's sit down with Mark on this when you have time. Tha=
nks, 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