Subject: RE: GPU Energy
From: [email-masked]
To: [email-masked]
Date: Wed, 14 Nov 2001 09:49:08 -0800 (PST)

Gloria --

Before we move forward, please talk with Steve Montovano.

Thanks.

 -----Original Message-----
From: 	Ogenyi, Gloria  
Sent:	Wednesday, November 14, 2001 11:36 AM
To:	Kimble, Stephanie; Sterling, Jevaughn; Merola, Jeff; Fite, Rebecca; Ring, Richard
Cc:	Kingerski, Harry; Hughes, Evan; Steffes, James D.; Herndon, Rogers; Frederking, William; Wood, James
Subject:	GPU Energy

GPU Energy has requested that EES provide an updated Third Party Supplier agreement as approved by the NJ Board of Public Utilities.
EES currently has financial customers behind GPU. Physical delivery is not projected to commence until 2003. I and Will 
Frederking have reviewed the TPS Agreement and identified some issues that will require the attention and sign-off of the
business units. Relevant business issues include:
1. Credit worthiness standards - EES to provide security equal to 60 days of customer summer usage
2. Taxes - EES to collect and remit all taxes related to electricity sales 
3. Limitation of Liability - EES must insure that any T & D failure including disconnections, curtailment, interruption or reduction of service, is a force majeure event in our contracts, 
4. Billing  - EES is precluded from raising billing disputes, 20 days after the invoice due date 
5. Assignment - GPU consent is required before any assignment by EES
The attached memo sets out these and other issues in more detail. Please note that EES has a similar agreement with Public Service Electric
& Gas Company of New Jersey. Because these agreements are filed with the BPU, and apply to all NJ utilities, GPU resists any attempt 
to propose amendments. Please review and advise by noon tomorrow if you'll approve executing the document as is.

 << File: GPU Risk Memo.doc >> 
Thanks
Gloria