Message-ID: <28720963.1075844451028.JavaMail.evans@thyme> Date: Tue, 24 Aug 1999 12:14:00 -0700 (PDT) From: no.address@enron.com Subject: Re: Champion - legal Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Brent Hendry AT ENRON_DEVELOPMENT@CCMAIL X-To: "D'Arcy Carroll/ENRON_DEVELOPMENT" AT ENRON_DEVELOPMENT@CCMAIL X-cc: Sara Shackleton@ECT, "Andrea Bertone/ENRON_DEVELOPMENT" AT ENRON_DEVELOPMENT@CCMAIL, "Claudia Brun/ENRON_DEVELOPMENT" AT ENRON_DEVELOPMENT@CCMAIL, "Don Black/ENRON_DEVELOPMENT" AT ENRON_DEVELOPMENT@CCMAIL X-bcc: X-Folder: \Sara_Shackleton_Dec2000_June2001_1\Notes Folders\Brazil- champion X-Origin: SHACKLETON-S X-FileName: sshackle.nsf I am still somewhat unclear on the indexing structure but I will specify what I see the deal as and you can correct me if I get it wrong. When the deal was described to me it sounded like we were buying a floor and that we would imbed the floor into the physical power deal. After looking at the structure you sent it looks like they are the ones buying the floor. They are getting paid (by virtue of the reduced cost of energy) if the spot goes below the strike. Based on your email this is how I think the deal would be structured. We supply on a firm basis 3MW of energy for three months. They pay a floating price for the energy based on the following formula: R$42.75 minus an amount, if positive, equal to [factor] multiplied by the difference between [a strike price in R$] and the Spot Price. The Spot Price will be in R$ per pound of a paper product quoted in R$ [which is to be defined]. (I did not understand your third bullet point very well. The relationship between the two indexes was unclear and contrary to your formula it did not appear that these indexes were quoted in R$. Please clarify these issues for me.) We will need to know where and when to pick up the spot price so that everyone understands what published price will be used each month when the price is determined. The [factor] will be something you will need to come up with to correlate the volumes you are hedging with the amount of electricity actually sold. We will also need to make clear if there will be a floor on how low the price can go. Do you intend for the price to be able to go below zero? If so, what do you intend to happen? Based on your answers we will need to go to outside counsel to make sure we do not violate the Brazilian anti-gaming laws or any regulations. I may have missed the point of how the trade is supposed to work so any additional information would be helpful before we go to outside counsel. Thanks. D'Arcy Carroll 24/08/99 05:44 PM To: Andrea Bertone, Brent Hendry/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT cc: Claudia Brun, Don Black Subject: Champion - legal Pls find overview listed re ECE-Champion-Elektro transaction: ECE selling equivalent of 3MW (Peak- and Off-peak) energy eg consumption take-or-pay for period Sep - Oct - Nov Price will be R$42.75 which represents 5% discount to present average Elektro rate of R$45 ECE wants to adjust on a monthly basis the R$42.75 sales price downward should the price of PPI UK A$ cut size 80g index or the PPI UK A4 Reels 60g index average below Strike Price x (Pounds per Metric Ton). The adjustment will be based on formula: Avg. Monthly hedged volume * (Index avg-Strike Price) * R$/Pound spot price We are trying to finalize negotiations this afternoon re both the energy sale and the incorporated index and strike etc.,... and should feel like we have substantial flexibility to articulate how best to structure the transaction. Pls shoot any/all inputs including needs for additional information.