Message-ID: <4724847.1075850414646.JavaMail.evans@thyme> Date: Wed, 9 Feb 2000 07:02:00 -0800 (PST) From: james.steffes@enron.com To: mark.schroeder@enron.com Subject: Re: Assignment of Regulatory Risk Responsibility for Current Assets Cc: richard.shapiro@enron.com, steven.kean@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: richard.shapiro@enron.com, steven.kean@enron.com X-From: James D Steffes X-To: Mark Schroeder X-cc: Richard Shapiro, Steven J Kean X-bcc: X-Folder: \Steven_Kean_Nov2001_4\Notes Folders\Discussion threads X-Origin: KEAN-S X-FileName: skean.nsf Mark -- Thanks for the additions. I will add to the Asset / Responsibility Matrix. The definition I have been using is that Regulatory Risk is a subset of Sovereign Risk (with the other element being Political Risk). Regulatory Risk is a "legal" action taken by a government or its agent which modifies Enron's business environment, most often directly through modifications in the energy and communications markets, but also in broad areas such as taxes and export - import policies. Political Risk is a "supra-legal" action that has the same impact (e.g., expropriation). Currently the Regulatory Risk Working Group (Fiona Grant is member) is trying to put in place a "standard" process to review and analyze regualtory risk around the globe - quite an undertaking. When I use the term Regulatory Risk Management, I am primarily talking about such a process. The key elements of any risk management function are (1) identification, (2) assessment, (3) mitigation / transference, and (4) audit. You would probably agree that the most difficult problem is to try and assess the impact of any Regulatory Risk event. The other key goal is to have a Mitigation Plan in place with an assigned person to "manage" our activities so that Enron does not face an associated loss. My goal is to try an have this process in place by mid-year. That would include having undertaken a structured review of our current Assets (the reason for the original questions) and the ability to review pending deals. When you come over to Houston next week I would really like to sit down and go through my thoughts with you. Thanks. JDS Mark Schroeder@ECT 02/09/2000 05:48 AM To: James D Steffes/HOU/EES@EES cc: Richard Shapiro/HOU/EES@EES, Steven J Kean/HOU/EES@EES, Fiona Grant/LON/ECT@ECT, Philip Davies/LON/ECT@ECT Subject: Re: Assignment of Regulatory Risk Responsibility for Current Assets Jim - overnight I realised you need to add our project in Turkey (Fiona Grant) and Poland (Philip Davies). I have not given you any one person, as the regulatory issues seem to be country/environment specific, and instead I have given you the names of each person with country responsibility. Indeed, at year-end we completed a financial transaction (Project Margaux), in which regulatory risk was reviewed. A definition of Rugulatory Risk would be helpful, e.g., in most of these markets, trading arrangements are being re-written, or developed for the first time, this put existing PPAs under pressure. Would energy taxes, carbon taxes/trading, transmission pricing (both for evacuation of power, and delivery of gas), changes in property tax/fuel tax regimes, risk of price regulation, all be included? Do you have checklist? We can identify these risks, what is meant by "manage"? We work on these types of issues on a daily basis, so I am unclear as to what else is intended or implied. thanks mcs James D Steffes@EES 08/02/2000 17:24 To: Richard Shapiro/HOU/EES@EES, Mark Schroeder/LON/ECT@ECT cc: Steven J Kean/HOU/EES@EES Subject: Assignment of Regulatory Risk Responsibility for Current Assets Rick & Mark -- One of the first steps in building our Regulatory Risk process is to establish responsibility for the current assets owned/managed by Enron. Having a point person that I can contact will help me immensely. Attached is a listing of the assets that I have been able to pull together -- there may be more that you know about. Is it possible for us to agree upon the person(s) who will manage the Regulatory Risk with each of these assets? Please feel free to call me to discuss. I would like to have this assignment process complete within the month. The same type of effort will be necessary as we review pending transactions. Thanks.