Message-ID: <21791447.1075846664834.JavaMail.evans@thyme>
Date: Fri, 26 May 2000 06:28:00 -0700 (PDT)
From: susan.scott@enron.com
To: shelley.corman@enron.com, maria.pavlou@enron.com, tony.pryor@enron.com
Subject: TW capacity on-line
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In response to your inquiries about whether TW's tariff allows the format 
posting, bidding and awarding of capacity in our EnronOnline proposal, here 
is my 2 cents' worth.

The criteria for awarding capacity is found in the Right of First Refusal 
section of TW's tariff (for some reason that's never been clear to me). See 
Section 13.A. (Sheet No. 18):  "All available capacity shall be allocated 
under these procedures, and Transporter will not maintain a firm 
transportation queue."  The ROFR section does specify the posting and bidding 
procedures (including a minimum one month period between posting and the bid 
deadline -- See Section 13.D.) but arguably these timelines only apply to the 
ROFR bidding process, not to an open season for other capacity.  Even if the 
one-month minimum bid period did apply outside the ROFR process, the 
EnronOnline proposal complies by giving shippers at least a month to submit 
bids (Tony -- am I right about this?).

The only other relevant part of our tariff is the EBB/Internet section of the 
General Terms and Conditions (beginning on Sheet No. 72).   TW will continue 
to comply with all provisions in this section.  The section even specifically 
provides that shippers may request service and contract electronically.

I've found nothing in else in TW's tariff that would appear to address an 
online open season one way or the other.  I believe our tariff gives us the 
flexibility to sell capacity online as we've proposed to do.

Hope this helps.  If you want to discuss this I'll be here most of the day, 
and I will be reachable by e-mail while I'm in San Francisco next week.  My 
hearing does not start 'til noon Houston time on Tuesday, so if we need to 
talk Tuesday morning you can reach me at my hotel (415.398.1234).