Message-ID: <11516874.1075842363120.JavaMail.evans@thyme> Date: Fri, 16 Mar 2001 09:31:00 -0800 (PST) From: debra.perlingiere@enron.com To: webbb@dsmo.com Subject: RE: Enron/GISB Contract Mime-Version: 1.0 Content-Type: text/plain; charset=ANSI_X3.4-1968 Content-Transfer-Encoding: quoted-printable X-From: Debra Perlingiere X-To: "Webb, Beth" @ENRON X-cc: X-bcc: X-Folder: \Debra_Perlingiere_Dec2000_June2001_2\Notes Folders\All documents X-Origin: PERLINGIERE-D X-FileName: dperlin.nsf Beth, My last e-mail should have read as follows ending with "volumes". =20 Enron recognizes that, when NEGM is acting as Buyer hereunder, NEGM is=20 purchasing gas on behalf of certain gas companies (the =01&Repurchasers=018= ) to=20 whom it immediately resells such gas at the Delivery Point(s). The parti= es=20 further agree that the term =01&Transporter=018 when used in this Contract,= =20 including, but not limited to, in Sections 4 and 11, shall include any=20 company acting in the capacity of a transporter for any Repurchaser and agr= ee=20 that Section 4.3 of the Contract will apply to invoices from such=20 Transporters for Imbalance Charges received from such Transporters to the= =20 same extent as if such invoices were received by NEGM provided, that any su= ch=20 Repurchaser, Enron and NEGM scheduled and nominated the same volumes. =20 In the event this is not acceptable, please let me know how you would like= =20 this Section to read. With regards to imbalances, I would direct you to= =20 section 4.3. As an example, if Enron nominates 10MMbtus and only 8 are=20 placed in the line, 2 will be made up by the transporter the cost is=20 Enrons, and 10 would be delivered to NEGM. And so the opposite holds for= =20 NEGM. If 10 could not be accepted by NEGM, its transporter would respond= =20 accordingly, and NEGM would be responsible for the cost. Enron's concern is with NEGM's desire to claim force majeure as a result o= f=20 an event by its customer downstream. Force majeure must take place at the= =20 delivery point..=20 Hope this helps! Have a great weekend!!!!!!!!!!!!!! Regards, Debra Perlingiere Enron North America Corp. Legal Department 1400 Smith Street, EB 3885 Houston, Texas 77002 dperlin@enron.com Phone 713-853-7658 Fax 713-646-3490