Message-ID: <1443089.1075842533539.JavaMail.evans@thyme> Date: Thu, 25 Jan 2001 00:25:00 -0800 (PST) From: drew.fossum@enron.com To: susan.scott@enron.com Subject: Re: ECS Gallup contract: Update Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Drew Fossum X-To: Susan Scott X-cc: X-bcc: X-Folder: \Drew_Fossum_Dec2000_June2001_2\Notes Folders\All documents X-Origin: FOSSUM-D X-FileName: dfossum.nsf Ex Susan Scott 01/24/2001 10:24 AM To: Kevin Hyatt/ET&S/Enron@Enron, James Centilli/ET&S/Enron@ENRON, Drew Fossum@ENRON, Kim Kouri/ET&S/Enron@ENRON, Steven Harris/ET&S/Enron@ENRON cc: Subject: ECS Gallup contract: Update I spoke with the person who administers the Members Only website at TriState. I explained to her that we had been a customer under Rate No. 21 since July but only obtained access recently. She processes the request forms, and seemed to indicate that obtaining access is really a matter of routine. She said we should have been able to get access as soon as we became a customer. I told her we had signed a confidentiality agreement and she confirmed this was routine also. I did not press her on the specifics of how ECS/TW obtained access, as I felt she had already given me enough information to tend to confirm our suspicions. She was helpful, and had we known to contact her or someone in her department I feel certain we could have talked our way thru the red tape (if any really existed). ---------------------- Forwarded by Susan Scott/ET&S/Enron on 01/24/2001 10:14 AM --------------------------- Susan Scott 01/21/2001 12:45 PM To: Kevin Hyatt/ET&S/Enron@Enron, James Centilli/ET&S/Enron@ENRON, Drew Fossum@ENRON cc: Steven Harris/ET&S/Enron@ENRON Subject: ECS Gallup contract Here are some bullet points based on our conversation Friday morning regarding the ECS Compression Service Agreement. These bullet points summarize our position and are intended to be a starting point for a conversation between persons at TW and at ECS (who are yet to be determined) regarding the additional power costs incurred by Transwestern as a result of the lack of a system for monitoring peak loads on CDEC. If you have additional comments, please let me know. We still need to decide who is going to call whom; I am going to leave that up to you, but do let me know if I can help. - ECS is under an obligation to work in good faith with CDEC to establish a monitoring system that would automatically alert TW to peak loading conditions on CDEC's system. - Rate No. 21 became effective in July 2000. ECS did not obtain permission for TW to access the "Members Only" portion of CDEC's website (which contains load data) until January 2001. Access to the information required a confidentiality agreement, which was executed in December. - ECS blames the delay on Tri-State/CDEC, who allegedly would not work on the confidentiality agreement until the merger was completed. "Good faith" by ECS would reasonably include alerting TW to any such delay or any difficulty in getting access to CDEC's information. TW was never contacted in this regard. - Since Rate No. 21 contains a rebate for customers that avoid peak load times, we assume that CDEC is under an obligation to provide such customers with access to peak load information (I have not been able to verify this, but it makes sense). If this is true, we should have been able to have access immediately upon the effectiveness of Rate No. 21. - Most if not all of the $325,000 peak load costs incurred by TW since July could have been avoided had TW had access to a monitoring system. Because it did not alert TW to difficulties/delay in getting the necessary information from CDEC, ECS did not act in good faith in obtaining such access and should therefore take responsibility for its share of the consequences. - ECS needs to act without further delay to build an automated monitoring system to eliminate the need for someone to continuously monitor the website. An estimated completion date should be provided. I've left messages at CDEC to ask about access to the Members Only part of the website; I'll follow up. The website states only that access is granted "on a case-by-case basis." I hope to make contact on Monday and will let you know what I'm able to learn from them.