Enron Mail

From:m..landwehr@enron.com
To:john.moore@enron.com, naveed.ahmed@enron.com
Subject:Mesaba Energy Project
Cc:d..steffes@enron.com
Bcc:d..steffes@enron.com
Date:Tue, 16 Oct 2001 20:01:19 -0700 (PDT)


Naveed/John--as you know, I did meet here in Minneapolis today with Julie J=
orgensen and Tom Micheletti of Exclesior Energy Inc. regarding their propos=
al for the Mesaba Energy Project. I basically went over the questions that =
I had expressed to you guys on Friday. Ultimately, they will need a tremen=
dous amount of political capital to get all the pieces of the deal included=
in legislation. Please keep in mind that the Senate in Minnesota is contro=
lled by the Democrats and the House is controlled by the Republicans. The =
Governor is independent, and the primary agencies in his administration tha=
t would be involved in approving/promoting this deal would the the Pollutio=
n Control Agency (PCA) the Dept of COmmerce, the Enviromental Quality Board=
(EQB) and to some degree, the Public Utilities Commission (PUC).

The generation piece of their project is probably quite doable from a regul=
atory and legislative standpoint. The site that they have identified (and =
I understand they may have 2 other possible sites) is in a district of the =
state that is currently economically disavantaged. The Iron Range legislat=
ive delegation is strong at the Capitol, and the Majority leader of the Sen=
ate is from the Iron Range (Roger Moe). Because of the amount of jobs tha=
t would be created and the fact that the project would be considered a "cle=
an" fuel would go a long way to allowing regulatory approvals and incentive=
monies such as the funding proposed by the IRRRB and other state agencies.=
Although we didn't specifically discuss tax incentives, there could very =
possibly be some assistance provided as well. There would most likely be an=
appetite for including language in a legislative package to either exempt =
or "fast track" the generation siting process that is currently cumbersome =
in the state.

The much larger issue is the transmission build out. My understanding is t=
hat Excelsior's current strategy is to try to include in legislation a desi=
gnation of the right of way for the transmission to be built from the Iron =
Range into the load centers--Minneapolis and St. Paul. In essence, they hop=
e to have legislation that would circumvent the current siting statute and =
rules for transmission. Their reasoning is that all of the Democrats would=
vote for this proposal and they would just need to pick up a handful of Re=
publicans. There are several concerns about this reasoning--the enviromenta=
l community, the local cities/counties that the line would run thru,, the n=
eighborhood groups--just to name a few. While I agree that most Democrats w=
ould vote party line because of jobs (and I think that even more jobs are l=
ost in the next 18 months due to economic downturns in the taconite/steel a=
nd paper/pulp markets), some of them will get picked off by the constituenc=
y groups. Excelsior would need to get "buy off" from these groups, which w=
ill be expensive (hence, the wind proposal) in order to obtain their suppor=
t at the legislature. This would be difficult. A fall back position if Exc=
elsior was not able to circumvent the current siting and permitting process=
would be to have the legislation "fast track" the process.=20

The other significant issue is the PPA. My understanding is the Excelsior =
invisions legislation that would "force" the utility (most likely Xcel/NSP =
because they are the only IOU that has needs identified) to buy the power u=
nder a PPA and that the rate or at least the parameters that the rate must =
fall within would be actually included in legislative language. This is go=
ing to raise all kinds of protests from various groups, not the least of wh=
ich would be the industrial buyers in the state who are active in PUC regul=
atory proceedings--they will argue that they will bear the brunt of higher =
rates that would be incurred by such a contract rather then Xcel sourcing t=
hru a competitive bid. From a simplistic standpoint, it would seem that a =
better route would be to get the munis and coops in the state to bid on the=
output and avoid the significant obstacles that PPA language in the legisl=
ation would encounter.=20

Exclesior has not yet gotten strong sign off from either party or the Gover=
nors office. They have met with the Senate leadership, and have gotten a p=
reliminary blessing. They have had meetings with Governor Ventura's office=
and his Administrative agencies, and my sense is that they will get some b=
acking from the PCA and the Dept of Commerce. They may run into trouble wi=
th the PUC and the EQB. Ultimately, though, if they convince Ventura, the =
agencies will fall into line. They have not =20
yet pitched the idea to the Republicans. They have hired a republican lobb=
yist who is knowledgeable in energy fights.

So....my assessment at this time would be as follows: =20

=091. the development team has some credibility--Jorgenson has a reputatio=
n as a good developer. Michaletti is well known at the capitol--he has some=
strong ties to the range delegation, but he also has some legislators that=
don't like him at all (especially those on the enviromental side and some =
women). They would need to supplement their efforts with one or more outsi=
de lobbyists.


=092. they still have alot of work to do to see if the project is politica=
lly palatable to a wide range of constituencies. The democrats and unions =
are the only natural constituencies for them. The legislative session runs=
from January to May. My bet would be that it would take 2 sessions to get=
a deal of this size done, unless that have STRONG support from the democra=
ts and republicans going into January.=20

=09
=093. wild card could be the munis and coops as well as the economy. If t=
he munis and coops buy into the concept and want the transmission line buil=
t in order to serve their needs, they have political grass roots in each an=
d every county of the state (Minnesota has approx 120 munis and 40 coops). =
If the economy takes an even bigger nose dive, Democrats will be forced to=
support whether there are environmental consequences to the tranmission li=
nes or not.


I will try to call you in the morning to discuss. Hope this is helpful and=
I am happy to discuss with other members of your team and obviously willin=
g to help in implementing strategy if you decide to move forward with a str=
onger look at the project.





=20