Message-ID: <21527202.1075859548099.JavaMail.evans@thyme> Date: Mon, 4 Oct 1999 03:50:00 -0700 (PDT) From: elizabeth.sager@enron.com To: christian.yoder@enron.com Subject: Proposed WSPP Firm Power Definition Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Elizabeth Sager X-To: Christian Yoder X-cc: X-bcc: X-Folder: \Elizabeth_Sager_Dec2000\Notes Folders\Sent X-Origin: Sager-E X-FileName: esager.nsf ---------------------- Forwarded by Elizabeth Sager/HOU/ECT on 10/04/99 10:49 AM --------------------------- fmdutton@aep.com on 09/29/99 04:29:47 PM To: Elizabeth Sager/HOU/ECT@ECT, drusso@reliantenergy.com, wahoefling@duke-energy.com cc: Subject: Proposed WSPP Firm Power Definition The WSPP operating/contract drafting committee is meeting on October 7 in Phoenix to discuss the reserve requirements for firm sales. I would appreciate your review and comments on the following as a definition for Firm Power for use in the WSPP Agreement in lieu of the current language. This language would be inserted in Schedule C and replace Sections C-3.3 and C-3.6: Firm Power shall be interrupted only if the interruption is: (a) due to an Uncontrollable Force as provided in Section 10 of this Agreement and power is not available at the Delivery Point; or, (b) where applicable, to meet Seller's public utility or statutory obligations to its customers. If Seller exercises its right to interrupt to meet its public utility or statutory obligations, Seller shall be responsible for payment of damages for failure to deliver Firm Power as provided in Section 21.3 of this Agreement or in any Confirmation Agreement. If Firm Power is interrupted for any reason other than as provided in subpart (a) above, the non-performing party shall be obligated to pay damages under this Agreement or Confirmation Agreement.