Message-ID: <24153838.1075840949308.JavaMail.evans@thyme> Date: Fri, 24 Aug 2001 09:11:41 -0700 (PDT) From: brett.wiggs@enron.com To: orlando.christopher@enron.com Subject: LOA - Message from Fred Lange Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Wiggs, Brett X-To: Christopher F Calger@ECT, Ben F Jacoby@ECT, Louise Kitchen@ECT, Gonzalez, Orlando X-cc: X-bcc: X-Folder: \ExMerge - Kitchen, Louise\'Americas\Turbines X-Origin: KITCHEN-L X-FileName: louise kitchen 2-7-02.pst FYI. It sounds like the developer with whom we are negotiating on the MHI turbines will not be paying us the initial payment today. We have communicated to him that we will not hold the turbines off the market until he makes a cash payments and we will continue to work with other potential purchasers. We received a conditional offer from another individual at a price approximately $2 million less than the original offer. I am going to concurrently move forward on a similar basis with this company and see which one gets there first. Let me know if anyone wants to approach this differently. Thanks, Brett ---------------------- Forwarded by Brett R Wiggs/SA/Enron on 08/24/2001 01:07 PM --------------------------- Guillermo Atenor 08/23/2001 06:19 PM To: Brett R Wiggs/SA/Enron@Enron, Diego Hollweck/SA/Enron@Enron cc: Subject: LOA - Message from Fred Lange Let's discuss the whole strategy after this message I just got from Fred. Let's remember that Fred is worth $2MM more than Davis. ---------------------- Forwarded by Guillermo Atenor/SA/Enron on 08/23/2001 06:24 PM --------------------------- "Fred" on 08/23/2001 06:52:59 PM To: "Guillermo Atenor" cc: "Ric Chappetto" Subject: LOA Dear Guillermo, WE ask that you be patient with us as we are affected by the recent changes in the State of California. Where we had an agreement with DWR, the governor. Mr. Davis, cancelled all LOI contracts issued by DWR as of last Friday, we just learned this today. However, for us, our IPP, we were given a new LOI this past Monday, good for a week till next Monday, 27 Aug., and, it appeared our agreement was to be with the new agency, Capa, ( Ca.Power Authority). Now, for our benefit, it is back with DWR, and we have a PPA, in draft form, our developer is working on with the State people. They, our dev., has been asked to stay in the Capital till this is signed off on Monday which they are doing, staying! I asked if we could get you a copy of this PPA but we can provide you with the replacement LOI from DWR and we have requested the Draft PPA as well. The moment the PPA is signed the funds will be wired to ENA, this we have as a promise from the IPP and the Corporate Funding Group. We have demonstrated our dilemma and are doing the best we can. Keep in mind that our IPP is the only one left to end up with a contract. Ten others were not extended. If you can see your way clear please give us until next week to provide the funds without changing the end date of 28 Sept. Extend us one more week. Your thoughtful understanding is greatly appreciated. Please feel free to have Brett give us a call so we can personally bring him up to date. We are doing everything we can to make our client aware of the need to produce the funds we have committed to and they have given us their assurance that this will indeed be done at the moment of signing. It's just that the State of Ca. really threw us for a loop with this new agency and back and forth with DWR, and now we are back on board as originally intended.. Just more political posturing. Best regards, Fred Lange CC: Ric Chappetto