Subject: Sample Enfolio Contract Form Attached
From: [email-masked]
To: [email-masked]
Cc: [email-masked]
Date: Tue, 10 Oct 2000 10:18:00 -0700 (PDT)

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.