Message-ID: <9332633.1075842220738.JavaMail.evans@thyme> Date: Fri, 13 Oct 2000 01:49:00 -0700 (PDT) From: dan.hyvl@enron.com To: dave.fuller@enron.com Subject: Re: Enfolio Contract Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Dan J Hyvl X-To: Dave Fuller X-cc: X-bcc: X-Folder: \Dan_Hyvl_Dec2000_June2001\Notes Folders\All documents X-Origin: HYVL-D X-FileName: dhyvl.nsf Dave, I expect to be available most of the day on Tuesday and Wednesday. I am in EB3863, however, please call me at ext. 36895 to make sure I am not out or in a meeting before you come up. Dave Fuller 10/12/2000 07:11 PM To: Dan J Hyvl/HOU/ECT@ECT cc: Subject: Re: Enfolio Contract Hello Dan, I'm going to be in Houston next week and I wonder if you might have a few minutes that I could stop by and speak with you about my Kaiser gas deal. Please let me know if there might be a good time on Tuesday or Wednesday. Thanks, Dave Fuller 503-464-3732 Dan J Hyvl 10/10/2000 04:18 PM To: Dave Fuller/PDX/ECT@ECT cc: Jeffrey T Hodge/HOU/ECT@ECT Subject: Sample Enfolio Contract Form Attached Dave, I have attached the above sample form for your review. I have been unable to find any documentation where we act as an agent for the shipper and contractually agree to remarket their unused capacity. As soon as I find some language, I will forward same to you. As we discussed, the major concerns that I have concerning the Energy Marketing Services Agreement form that Kaiser provided relates to the duties of the Marketer thereunder. ENA is in the business of buying and selling natural gas for its own account and as such any services it agreed to provide relating to most of the items under Articles III and IV would be subject to claims of abuse or violation of fiduciary duties. Specifically, ENA should not agree to perform the items under Article IV, Section A. Parts 1-8, 11; Article IV, Section B. Parts1-2, 4, 6; Article IV, Sections C, E, and F. Otherwise, ENA sales obligations should be patterned in the manner set forth in the Enfolio Contract which provides safeguards for both parties in the event of a default by either. Therefore, we need to work from our Enfolio contract and I will get you some agency language for the confirm to address how we would share any transportation savings that we were able to obtain for them during the term of our sales transaction with them. Please call me after you have had a chance to review the contract.