Message-ID: <32060960.1075852283943.JavaMail.evans@thyme> Date: Tue, 7 Aug 2001 15:15:42 -0700 (PDT) From: elizabeth.sager@enron.com To: leslie.hansen@enron.com Subject: RE: EnronOnline definition of West Firm Cc: christian.yoder@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: quoted-printable Bcc: christian.yoder@enron.com X-From: Sager, Elizabeth X-To: Hansen, Leslie X-cc: Yoder, Christian X-bcc: X-Folder: \ESAGER (Non-Privileged)\Sent Items X-Origin: SAGER-E X-FileName: ESAGER (Non-Privileged).pst Hi thanks - I think we should delete highlighted language but lets confirm w C= Y. Also I think we should discuss whether the definition should roll w the= WSPP (see black highlighted language) - we rolled because WSPP, we thought= , rolled. Now we know it doesn't. I don't think our other products roll. = How about a brief call w you me and CY. Sorry to add layers off confusion,= but the WSPP rolling has been of gnawing frustration; hence ... Elizabeth Sager 713-853-6349 -----Original Message----- From: =09Hansen, Leslie =20 Sent:=09Tuesday, August 07, 2001 1:45 PM To:=09Sager, Elizabeth Subject:=09EnronOnline definition of West Firm Elizabeth: The EEI cover sheet defines West Firm as follows: "West Firm" means with r= espect to a Transaction, a Product that is or will be scheduled as firm ene= rgy consistent with the most recent rules adopted by the WSCC for which the= only excuses for failure to deliver or receive are if an interruption is (= i) due to an Uncontrollable Force as provided in Section 10 of the WSPP Agr= eement; or (ii) where applicable, to meet Seller's public utility or statut= ory obligations to its customers. Notwithstanding any other provision in t= his Agreement, if Seller exercises its right to interrupt to meet its publi= c utility or statutory obligations, Seller shall be responsible for payment= of damages for failure to deliver firm energy as provided in Article 4 of = this Agreement. =20 EnronOnline defines "West Firm" as "power that is or will be scheduled as f= irm energy consistent with the most recent rules adopted by the Western Sys= tems Coordinating Council for which the only excuses for failure to deliver= or receive are if an interruption is (i) (a) due to an Uncontrollable Forc= e as provided in Section 10 of the WSPP Agreement if the WSPP Agreement gov= erns this transaction or (b) due to an event of force majeure as such term = is defined under such other agreement between the Seller and the Buyer that= governs this transaction (the "Agreement"); or (ii) where applicable, to m= eet Seller's public utility or statutory obligations to its customers. Not= withstanding any other provision in the WSPP Agreement or the Agreement, if= applicable, if Seller exercises its right to interrupt to meet its public = utility or statutory obligations, Seller shall be responsible for payment o= f damages for failure to deliver firm energy as provided in Section 21.3 of= the WSPP Agreement, if applicable, or as provided in the applicable cover = remedy section(s) of the Agreement. "WSPP Agreement" means the Western Sys= tem Power Pool Agreement as amended from time to time. I wanted to confirm that I should revise the EOL description to delete the = hilited language. Please advise. Leslie