Message-ID: <14178453.1075861103481.JavaMail.evans@thyme> Date: Fri, 18 Jan 2002 14:56:31 -0800 (PST) From: jennifer.newbrough@enron.com To: susan.bailey@enron.com Subject: RE: Forest Products Trading Counterparties Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Newbrough, Jennifer X-To: Bailey, Susan X-cc: X-bcc: X-Folder: \Susan_Bailey_Mar2002\Bailey, Susan\Deleted Items X-Origin: Bailey-S X-FileName: sbaile2 (Non-Privileged).pst Thanks for doing this. We really appreciate it. -----Original Message----- From: Bailey, Susan Sent: Friday, January 18, 2002 4:53 PM To: Newbrough, Jennifer Cc: Shackleton, Sara Subject: RE: Forest Products Trading Counterparties Jennifer, I have completed my review of the selected Forest Products counterparties listed in your email request of January 15th. My review focused on the "Confidentiality" provision contained in either the Master Agreement or the Confirmation(s), being the documentation which established the trading relationship with either Enron North America Corp. ("ENA") or Enron Canada Corp. ("ECC"). I was asked to determine if the "Confidentiality" provision in our trading documents would prohibit ENA and/or ECC from disclosing to third parties: (a) "the existence of a Master Agreement" or (b) "the existence of a transaction under a Confirmation". Conclusion: Whether the trading relationship was established under a Master Agreement or under the Confirmation(s) -- the "Confidentiality" language employed by ENA and ECC prohibits the public disclosure relating to the Master Agreement or to the Confirmation(s). Therefore, if ENA and/or ECC desire to public disclose "the existence of a Master Agreement" or "the existence of a transaction under a Confirmation" -- ENA and/ECC must first secure the prior consent of any counterparty before public disclosure to third party can be made. For your convenience, attached are my findings as set forth in the following: 1. Master Agreement List for the Forest Products Trading Counterparties, along with the forms of "Confidentiality" provisions: << File: master agreement list (forest products counterparty).doc >> << File: confidentiality - master (standard provision).doc >> << File: confidentiality-master (non-standard provision).doc >> 2. Forest Products Trading Counterparties without a Master Agreement, along with the "Confidentiality" provision: << File: non master agreement list (forest products counterparty).doc >> << File: confidentiality - confirms (standard provision).doc >> If I can be of further assistance, please let me know. Cordially, Susan S. Bailey Enron North America Corp. 1400 Smith Street, Suite 3803A Houston, Texas 77002 Phone: (713) 853-4737 Fax: (713) 646-3490 Email: Susan.Bailey@enron.com -----Original Message----- From: Newbrough, Jennifer Sent: Tuesday, January 15, 2002 11:35 AM To: Bailey, Susan Cc: Shackleton, Sara Subject: Forest Products Trading Counterparties Susan, Sorry about the previous attempt. This is the list of counterparties. We need to know if we can disclose to third parties that we have traded with them and the volumes associated with the trades. Thanks for your help. Call me if you need clarification. Thanks for your help, Jennifer Adams Waste Management Inc. Georgia Pacific Corp Casella Waste Systems Inc. US Gypsum Inland Paper and Packaging Rand Whitney Counterboard National Gypsum Company Norampac Atlantic Packaging Products, ltd. General Mills Papier Mason Media News Times Mirror Macro Media Knight Ridder Media General New York Times Tembec Industries Pacifica Paper Rock Ten Conagra Energy Svcs Frito Lay Lin Packaging Dial National Banc of Canada Master Packaging Sodra James Hardie NV Appleton Paper Merita Bank Repap New Brunswick Boise Cascade Caima Irving Pulp and Paper UPM Kymmene Proctor & Gamble Jennifer Adams Manager, Corporate Development Enron Corp. 1400 Smith Street Houston, TX 77002 Tele: 713/853-3919 Fax: 713/646-4043