Message-ID: <12029385.1075855004913.JavaMail.evans@thyme> Date: Tue, 16 Oct 2001 12:23:17 -0700 (PDT) From: mblanco@calpine.com To: michelle.lokay@enron.com Subject: The new Consent to Assignment Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Michele Blanco X-To: Lokay, Michelle X-cc: X-bcc: X-Folder: \MLOKAY (Non-Privileged)\TW-Commercial Group X-Origin: Lokay-M X-FileName: MLOKAY (Non-Privileged).pst <> Michelle, My regrets for the delay in getting this to you - however, prompted by the comments supplied by your legal counsel, we've discovered, and are verifying, that the first Consent to Assignment Agreement that we forwarded to Lorraine referenced the WRONG Agreement - a possible mistake on our part, and if it turns out to be so, something we regret happened. Again, I will confirm once my legal team confirms. Instead, it has become (painfully) obvious that the Agreement that should have been referenced in the Consent to Assignment document is the Measurement and Control Facilities Operating Agreement dated February 12, 2001 between Transwestern and CPN South Point LLC ( now, Calpine Construction Finance Company, LP as successor by merger to CPN South Point LLC). The New Consent provided above has been modified and we suspect that no edits will be necessary: To confirm, South Point Energy Center, LLC will be funded with assets transferred from Calpine Construction Finance Company, LP at the closing scheduled for Oct. 18, 2001. Your facilitation of the Consent to Assignment is appreciated - pls. contact me with any questions. Michele A. Blanco, P.E. Manager, Asset Optimization Calpine Corporation - Western Region 4160 Dublin Blvd. Dublin, CA 94568-3139 (925) 479-6755 (925) 479-7311 Fax mblanco@calpine.com