Message-ID: <22077722.1075859848977.JavaMail.evans@thyme> Date: Thu, 1 Mar 2001 03:07:00 -0800 (PST) From: bruce.lundstrom@enron.com To: rob.walls@enron.com Subject: Dabhol -- A Brief Legal Update Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Bruce Lundstrom X-To: James Derrick/Enron@EnronXGate, Rob Walls, Mark E Haedicke@ECT X-cc: X-bcc: X-Folder: \Mark_Haedicke_Jun2001\Notes Folders\Notes inbox X-Origin: Haedicke-M X-FileName: mhaedic.nsf Gentlemen - The MSEB letter below is an unfortunate event. MSEB is positioning itself to claim that it owes no money to DPC for approx. 3 months of billings because it has a mis-declaration claim against DPC. In our initial review, our lawyers, both in-house and outside counsel, believe that DPC will prevail on this issue. We are currently preparing a more detailed legal analysis. But it will likely affect DPC's cash flow and may affect DPC's ability to complete Phase II. It is also disappointing that MSEB has chosen to start a brawl before the results of the Review Committee are announced and the parties have the opportunity to meet to discuss the results. Bruce ---------------------- Forwarded by Bruce Lundstrom/ENRON_DEVELOPMENT on 03/01/2001 10:53 AM --------------------------- Paul Kraske 02/28/2001 08:17 AM To: Bruce Lundstrom/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Sandeep Katwala/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Gail Brownfeld/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Robert Mathis/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Suhas Tuljapurkar/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT cc: christopher.walker@linklaters.com, jonathan.inman@linklaters.com, lbrasher@skadden.com Subject: MSEB letter you wanted scanned Legal team- Attached is a copy of the letter delivered to us earlier tonight by MSEB claiming payment of 400 crores from DPC on account of availability mis-declarations. We will likely respond to the letter tomorrow referring the matter to dispute resolution under the PPA and pulling the MSEB letter of credit for the amount still outstanding under the December bill. Feel free to call me if you have any questions regarding the foregoing or the attached. Regards, Paul ---------------------- Forwarded by Paul Kraske/ENRON_DEVELOPMENT on 02/28/2001 07:24 PM --------------------------- From: Mrudula Gadade on 02/28/2001 07:19 PM To: Paul Kraske/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT cc: Subject: MSEB letter you wanted scanned Regards, Mrudula.