Message-ID: <9149894.1075846657880.JavaMail.evans@thyme> Date: Fri, 28 Jan 2000 02:25:00 -0800 (PST) From: susan.scott@enron.com To: mary.miller@enron.com Subject: Additional Phillips Language Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Susan Scott X-To: Mary Kay Miller, 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 Mary Kay and Drew, please see Christine's message below. This language is very similar to language that NNG has used to address the change-in-rates issue. I do not believe it creates a negotiated rates issue. Please let me know as soon as possible if you have any concerns. It is important that we work something out with Phillips today. By the way, I asked Christine if she had asked Phillips to 1) give up their right of first refusal and 2) agree to our new capacity release language (i.e. TW gets the upside if capacity is released at a higher rate) in exchange for us making this compromise. She feels that it would be inappropriate to ask them because the language below does not quite give Phillips what they had requested originally (that is, a negotiated rate). ---------------------- Forwarded by Susan Scott/ET&S/Enron on 01/28/2000 10:16 AM --------------------------- Christine Stokes 01/28/2000 09:44 AM To: Susan Scott/ET&S/Enron@ENRON cc: Subject: Additional Phillips Language Susan - Here is the language that Phillips has requested. They liked and had requested the exact wording inserted into their agreement, so if there any any changes that you feel needs to be made, please try to keep the changes as simple as possible. Thanks! In the event that Transwestern's minimum tariff rate is increased to a level above Shipper's discount rate provided herein, the parties agree to renegotiate the discount to achieve the same economic value to both parties.