Message-ID: <21151092.1075846671090.JavaMail.evans@thyme> Date: Tue, 12 Sep 2000 07:08:00 -0700 (PDT) From: susan.scott@enron.com To: mary.miller@enron.com, mary.darveaux@enron.com, glen.hass@enron.com Subject: Duke Contract Approval Request Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Susan Scott X-To: Mary Kay Miller, Mary Darveaux, Glen Hass, Drew Fossum@ENRON X-cc: X-bcc: X-Folder: \Susan_Scott_Dec2000_June2001_1\Notes Folders\All documents X-Origin: SCOTT-S X-FileName: sscott3.nsf I've discussed the "actual fuel" provision with Christine and Bob and made them aware that this is a nonconforming provision that would need to be filed, since the FTS-1 rate schedule provides that fuel payments are to be made according to the percentages set forth in the rate sheets. According to Bob's calculations, the actual fuel used by Duke under this contract is likely to exceed the applicable percentages in our tariff. I don't think FERC or any of our shippers would have any immediate objection to our charging actual fuel. However, I know that fuel is a sensitive issue on TW so I wanted to be sure to draw your attention to this provision. Let me know what you think. ---------------------- Forwarded by Susan Scott/ET&S/Enron on 09/12/2000 02:02 PM --------------------------- Christine Stokes 09/12/2000 02:00 PM To: Bob Burleson/ET&S/Enron@ENRON, Steven Harris/ET&S/Enron@ENRON, Mary Kay Miller/ET&S/Enron@ENRON, Mary Darveaux/ET&S/Enron@ENRON, Glen Hass/ET&S/Enron@ENRON, Drew Fossum/ET&S/Enron@ENRON cc: Susan Scott/ET&S/Enron@ENRON, Kevin Hyatt/ET&S/Enron@Enron Subject: Duke Contract Approval Request TRANSWESTERN PIPELINE COMPANY CONTRACT APPROVAL FORM Please review the attached non-standard discount letter to Duke Energy Trading & Marketing (DUKE) and the associated letter from Transwestern to Duke which outlines the conditions of Transwestern's Contribution in Aid of Construction (CIAC) payment to Duke for certain facility upgrades. Transwestern shall pay Duke $750,000 for Duke facility upgrades in order to increase gas receipts into Transwestern from Duke's Artesia plant and Big Eddy gathering system by an incremental 20,000 Dth/d. Duke shall subsequently subscribe to a five year transportation contract for 20,000 Dth/d of East of Thoreau (EOT) capacity at a $.05/Dth/d one-part rate effective November 1, 2000. Duke shall be charged ACTUAL fuel, currently calculated as 1.5% (compared to EOT Tariff fuel rate of 1.31%), for any transportation within Transwestern's EOT Area. Duke has also been granted the ability to flow to California on an alternate basis at a total rate of $.09/Dth/d plus applicable Tariff fuel (currently 5%). Please indicate approval via REPLY WITH HISTORY. Please contact me at x5702 if any questions arise.