Message-ID: <24477722.1075844533309.JavaMail.evans@thyme> Date: Thu, 9 Dec 1999 11:22:00 -0800 (PST) From: sara.shackleton@enron.com To: susan.bailey@enron.com, susan.flynn@enron.com, marie.heard@enron.com, tana.jones@enron.com, carol.clair@enron.com, shari.stack@enron.com, mark.taylor@enron.com Subject: Utilities (investor owned) Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Sara Shackleton X-To: Susan Bailey, Susan Flynn, Marie Heard, Tana Jones, Carol St Clair, Shari Stack, Mark Taylor X-cc: X-bcc: X-Folder: \Sara_Shackleton_Dec2000_June2001_1\Notes Folders\Sent X-Origin: SHACKLETON-S X-FileName: sshackle.nsf Mark and I met with Mark Haedicke regarding utilities and the need for a legal opinion from the utility counterparty. We have agreed with Mark as follows: 1. Our negotiations with investor owned utilities should be based upon our standard ISDA Schedule (ISDA Multicurrency Agreement) AND including the "Additional Termination Event". Neither party should be required to provide a legal opinion. 2. Investor owned utilites will be approved for online trading from a legal viewpoint. The extra "Additional Termination Event" paragraph is not currently included in the GTC's but COULD be incorporated if there is a revision to the online agreement. 3. Our position with respect to municipals/municipal owned utilities, federal/state/local owned utilities and cooperatives remains unchanged. We should still utilize and update the "municipal ISDA" form, and, require a legal opinion from the counterparty. In that regard, Susan Flynn has been working on an "omnibus" format for an electric co-op (Deseret Generation and Transmission Co-operative), an earlier version of which could be used as a template for a municipal omnibus confirmation.