Message-ID: <13274995.1075845898159.JavaMail.evans@thyme> Date: Wed, 6 Jun 2001 09:01:00 -0700 (PDT) From: wmontjoy@brunini.com To: kay.mann@enron.com Subject: Re: Joint agency as reseller of power Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: "Wilson Montjoy" X-To: X-cc: X-bcc: X-Folder: \Kay_Mann_June2001_3\Notes Folders\Notes inbox X-Origin: MANN-K X-FileName: kmann.nsf the first part of Sec.77-5-725(u) supports your statement ("to purchase...on behalf of its members"). To me, that might support buying as agent in a way that the action of MDEA would be a binding commitment of CPU. However, the second clause ("and to sell the same to its members") would seem to go the other way. Also note subsections o, p and q. Under municipal law in Miss. there is the concept that a public body may not "delegate" its statutory functions to others. I know you can't do it when it's a discretionary public function being delegated to a non-public entity. I'm not so sure about one public body delegating to another. I'd like to hear from David Hunt on this. >>> 06/06/01 03:42PM >>> Would you read that to mean the authority to buy power "as agent for" the Cities? Seems not entirely clear but not entirely out of the question. Kay