Message-ID: <27053126.1075855025607.JavaMail.evans@thyme> Date: Mon, 22 Oct 2001 07:42:06 -0700 (PDT) From: l..mims@enron.com To: vseckler@cilco.com Subject: FW: Central Illinois Confirm Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: quoted-printable X-From: Mims, Patrice L. X-To: 'vseckler@cilco.com' X-cc: X-bcc: X-Folder: \PMIMS (Non-Privileged)\Sent Items X-Origin: Mims-Thurston-P X-FileName: PMIMS (Non-Privileged).pst -----Original Message----- From: =09Perlingiere, Debra =20 Sent:=09Friday, October 19, 2001 5:11 PM To:=09Mims, Patrice L. Subject:=09Central Illinois Confirm Vonda,=20 These are the changes that Enron Legal would like you to consider. Please = review and let me know if these changes are acceptable. These changes would= be be inserted and would replace the sections under Demand Charge, Transac= tion Default Price, Reference Price and Flexible Pricing. I know.......let me know what you think.=20 Thanks Demand Charge for Physical Call Option Buyer shall pay Seller $0.03 per MMBtu multiplied by the FMDQ, plus fuel, m= ultiplied by the number of days in the Month of Delivery. Daily Pricing for Physical for Physical Call Option =20 Daily Pricing means the "Daily Midpoint" price set forth in Gas Daily Platts, a division of The McGraw-Hill Companies, or successor publication,= in the column "Daily Price Survey" under the listing applicable to the geo= graphic location closest in proximity to the Delivery Point(s) for the rele= vant gas day. If there is no single "Daily Midpoint" price published for t= hat particular Gas Day, but there is published a "Common" range of prices u= nder the above column and listing, then the Spot Price shall be the average= of such "Common" high and low prices. In the event that no 'Daily Midpoin= t" price or "Common" range of prices is published for that particular Gas D= ay, then the Spot Price shall be the average of the following: the price (d= etermined as stated above) for each of the first Gas Day immediately preced= ing and following the Gas Day in which the default occurred for which a Spo= t Price can be determined. FLEXIBLE PRICING: During the Period of Delivery for a Transaction, Customer= may request a price other than the original Contract Price, being a Fixed = Price or (each below defined) by contacting Company during Pricing Hours re= questing any such price for a specified quantity of Gas to be Scheduled dur= ing selected Months within the Period of Delivery; provided, such request m= ust be made prior to 12:00 noon C.T. of the last Business Day prior to the = last trading Day of the NYMEX Gas futures contract for the selected Month. = A Confirmation may be sent by Company to Customer confirming the Flexible = Pricing agreement in accordance with Exhibit "A" "Fixed Price" means a fixe= d dollar amount agreed to by the Parties. The price for all Gas for which = a Flexible Price has not been agreed by the Parties shall be the original C= ontract Price applicable to the Transaction. "Notwithstanding anything to = the contrary contained in this Confirmation or the GTC, upon Customer's acc= eptance of Fixed Price, Customer shall keep whole and hold Company harmless= for all cost and expenses incurred by Company with respect to the quantity= of Gas that is converted into a Fixed Price, in the event that such quanti= ty of Gas is not Scheduled by Customer for any reasons, including without l= imitation events of Force Majeure.