Message-ID: <28160491.1075845895523.JavaMail.evans@thyme> Date: Wed, 7 Feb 2001 02:08:00 -0800 (PST) From: peterthompson@akllp.com To: kay.mann@enron.com Subject: RE: Words to go with the other 2 emails regarding Austin Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: "Thompson, Peter J." X-To: X-cc: X-bcc: X-Folder: \Kay_Mann_June2001_3\Notes Folders\Lm6000 X-Origin: MANN-K X-FileName: kmann.nsf I would recommend that we not insert Eric's comments regarding the exhaust temperature and energy guarantees for combined cycle facilities. As Eric indicates, this is a simple cycle plant, which is similar to Fountain Valley. When commenting on the Fountain Valley agreement, Lee recommended that all references to exhaust temperature and energy guarantees be stricken and we did so. In addition, Lee has already seen a version of the City of Austin agreement that had Sections 10.4.1 and 10.4.3 (the sections Eric would like to reinstated) stricken. Let me know what you think, but I recommend we leave them out, particularly if such sections are not necessary and would only be useful to have in the future if the plant ever went combined cycle. -----Original Message----- From: Kay.Mann@enron.com [mailto:Kay.Mann@enron.com] Sent: Tuesday, February 06, 2001 2:28 PM To: Thompson, Peter J. Subject: Words to go with the other 2 emails regarding Austin Here's what Eric wrote: I revised the contract you sent me to make it site specific. Those changes are redlined. Please note that I have reinserted sections 10.4.1 and 10.4.3 as well as the defined terms that go with them. These were related to exhaust temperature and energy. I know this is a simple cycle plant and they typically aren't required, but I wanted to see if GE would guarantee it anyway. It maybe helpful in the future if Austin Energy goes combined cycle. If for some reason GE's lawyers specifically want to leave that out, then they will probably also want to delete sections 10.4.2 and 10.4.4 (and their defined terms) since those also talk about specific exhaust guarantees. Let me know what they decide. Exhibit A (site basis conditions) which I also revised was not attached to your file. (It's right behind the sign-off pages in my hard copy.) I therefor hand marked up a copy and scanned it. It is now attached as a separate word file. Exhibit F is "boiler plate" and shouldn't change. Exhibit "U" is not in my hard copy. My copy only goes up to Exhibit "T." If you get something from GE on Exhibit "U", send it to me and I will be glad to review it.