Message-ID: <26288428.1075845064970.JavaMail.evans@thyme> Date: Thu, 10 May 2001 11:14:00 -0700 (PDT) From: mark.haedicke@enron.com To: carlos.sole@enron.com Subject: Re: Outside Counsel for transaction with Seminole Indian Tribe of Florida Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Mark E Haedicke X-To: Carlos Sole X-cc: X-bcc: X-Folder: \Mark_Haedicke_Oct2001\Notes Folders\Sent X-Origin: HAEDICKE-M X-FileName: mhaedic.nsf ok Carlos Sole@ENRON 05/09/2001 06:02 PM To: Mark E Haedicke/HOU/ECT@ECT cc: Janette Elbertson/HOU/ECT@ECT, Jeffrey T Hodge/HOU/ECT@ECT Subject: Outside Counsel for transaction with Seminole Indian Tribe of Florida Mark, I have a unique outside counsel request on which I'd like your approval. I am involved with a potential power plant development project with the Seminole Indian Tribe of Florida. The project would be on their land and would potentially involve a joint venture with them. Although we are at a preliminary stage, even the initial letter of intent that we are negotiating raises unique issues that will set the precedent for our project development agreements with respect to enforceability, jurisdiction and dispute resolution matters. I have identified and spoken with Lynn Slade of the New Mexico law firm of Modrall, Sperling, Roehl, Harris & Sisk on whether he could advise us on the Indian law issues associated with this project. Lynn and several of his colleagues specialize on Indian law matters, and Lynn has experience both with representing Enron and in handling energy transactions in general. In fact, Lynn gave a presentation at the 1999 Enron law conference entitled "Energy Business in 'Indian Country': Opportunities and Obstacles" (credit goes to Jeff Hodge for remembering that presentation and suggesting I contact Lynn); Lynn has represented several of Enron's pipeline companies, as well as the government affairs department, in connection with their Indian law issues and, at one time, prepared an opinion letter for ENA in a transaction involving the Ute tribe. Lastly, please note that I had asked our Florida counsel of Greenberg Trauig on whether they had any Indian law expertise, including specifically, any experience involving the Seminoles. Unfortunately, the Seminoles are one of their clients so Greenberg cannot represent us in a manner adverse to the Tribe. Thanks in advance for your attention and consideration of this request. Carlos Sole' Senior Counsel Enron North America Corp. 1400 Smith Street Houston, Texas 77002-7361 (713) 345-8191 (phone) (713) 646-3393 (fax)