Message-ID: <11538480.1075861971760.JavaMail.evans@thyme> Date: Wed, 31 Oct 2001 11:26:26 -0800 (PST) From: marcus.nettelton@enron.com To: julia.murray@enron.com, legal <.taylor@enron.com> Subject: FW: Draft of Market rate filing CONFIDENTIAL AND LEGALLY PRIVILEGED Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Nettelton, Marcus X-To: Murray, Julia , Taylor, Mark E (Legal) X-cc: X-bcc: X-Folder: \MTAYLO1 (Non-Privileged)\Taylor, Mark E (Legal)\Archive\2001/11 X-Origin: Taylor-M X-FileName: MTAYLO1 (Non-Privileged).pst CONFIDENTIAL AND LEGALLY PRIVILEGED Julia/Mark If and when we decide to file I agree with Sam's recommended "second best" approach set out below. Also note his opinion on the 30 day waiver in point 2. Regards, Marcus -----Original Message----- From: Samuel Behrends [mailto:SBEHREND@LLGM.COM] Sent: Wednesday, October 31, 2001 1:10 PM To: Nettelton, Marcus; Catherine McCarthy Cc: Sager, Elizabeth; Yvonne Coviello Subject: RE: Draft of Market rate filing Marcus: Here are the others points I wanted to make, just briefly: 1. I still think I need to talk to FERC staff before we file. Here's why: - - FERC, as you know, is about to issue a new rule on market-based rate eligibility. - - In the meantime, they've been kicking out a very high percentage of MBR applicants for trumped up reasons. I.e., issuing deficiency letters on issues we know they don't care about. I think the real reason is they don't want to issue a lot of approvals until the new rule comes out. - - No matter how perfect our filing is, we're liable to get kicked out, too. They might not want to give MBR to a new Enron entity until they see the new rule. - - The best way to deal with that is to sit down with staff, go over the draft page by page, and see what more they want. But that would take too long, because of staff's schedule. - - The second best way is for me to call Dan Larcamp or Mike Coleman, at FERC; tell them that we're not in a huge hurry, but we really don't want a deficiency letter; read him the language in the draft about how we'll comply with the new rule, and see if that's good enough. If he suggests different language, we'll have to put it in there. - - Alternatively, if we really want to try to slide this through without saying anything to FERC in advance, we can file it, and just hope that the language we have about complying with the new rule is good enough. But that's really not what I would recommend. If we do decide to call FERC, I could call right away, and probably get an answer in time to file today. If not, then certainly tomorrow. Otherwise, we're pretty much ready. 2. I really do think that we could ask for 30 days without raising any eyebrows. Good luck, and I'll talk to you soon. >>> "Nettelton, Marcus" 10/30/01 09:35AM >>> Catherine Attached is a mark up of suggested changes to the filing as per my voicemail earlier this morning. In addition we will need to confirm whether Sandhills is a subsidiary of Enron Corp. We will be adding two contacts from our Regulatory Group. Regards, Marcus -----Original Message----- From: Catherine McCarthy [mailto:CPMCCART@LLGM.COM] Sent: Monday, October 29, 2001 6:32 PM To: Nettelton, Marcus Cc: Sager, Elizabeth; Samuel Behrends; Yvonne Coviello Subject: RE: Draft of Market rate filing Marcus, The attached revised draft "fixes" the ESVL/EVSL error. Also, we tried to catch the reference to ENA. We will work on that further tomorrow. I wanted to send this draft to you now, however, so that you could review it without constantly being distracted by seeing EVSL throughout the document. I know that would distract me. I hope this helps. Cathy >>> "Nettelton, Marcus" 10/29/01 07:11PM >>> Catherine ESVL Corp will be a wholly owned subsidiary of Enron Corp. not Enron North America Corp. In addition I see that some of the letters have become transposed and ESVL often reads EVSL. With ESVL Corp being a wholly owned subsidiary of Enron Corp. there may well be other changes that need to be made. Will speak tomorrow. Regards, Marcus -----Original Message----- From: Catherine McCarthy [mailto:CPMCCART@LLGM.COM] Sent: Monday, October 29, 2001 5:53 PM To: Nettelton, Marcus Cc: Sager, Elizabeth; Samuel Behrends; Yvonne Coviello Subject: RE: Draft of Market rate filing The draft filing is attached. We are working on adding headers to the rate schedule and code of conduct. Thank you for the information on New Albany. I removed all references to New Albany because we recently worked with Susan, Stuart and Robert on that transaction. Also we removed the references to five other peakers Enron sold recently - we worked with Stuart to get those FERC approvals. In addition, we did not include a reference to North Carolina Power Holdings, L.L.C. made in earlier filings. We are aware that Enron received 203 authorization to sell that entity earlier this year. We am uncertain about whether that transaction closed but we assumed it did and removed it but need to confirm with you that it is appropriate to remove it. Thank you for the suggestion about updating the information from the triennial filing. We will certainly double check to make sure the companies we have listed in the attached draft have not been sold. Also, we refer to exhibit 2 to the triennial filing made on January 14, 2000 rather than listing the names of Enron's generating units with market-based rate authorization whose output is dedicated under long-term contracts. We will confirm that this information is still accurate as well. Thanks again, Cathy Catherine P. McCarthy LeBoeuf, Lamb, Greene & MacRae, LLP 1875 Connecticut Avenue, NW Washington, DC 20009 (202) 986-8253 cpmccart@llgm.com >>> "Nettelton, Marcus" 10/29/01 06:11PM >>> Sam/Catherine In addition to Sandhills Enron also made a 203 filing this year in respect of the sale of the New Albany plant to Duke. You will probably need to run a check on Enron at FERC to ensure that between us we have identified any changes to the three year update for EPMI which was prepared at the beginning of this year. Kind regards, Marcus -----Original Message----- From: Samuel Behrends [mailto:SBEHREND@LLGM.COM] Sent: Monday, October 29, 2001 2:48 PM To: Nettelton, Marcus Cc: Catherine McCarthy Subject: Draft of Market rate filing Marcus - This is ready to go as soon its reviewed and we get the names. If we can do that in the next 45 minutes, we can file today. Thanks 0209376.01 ======================================================================== ====== This e-mail, including attachments, contains information that is confidential and may be protected by the attorney/client or other privileges. This e-mail, including attachments, constitutes non-public information intended to be conveyed only to the designated recipient(s). If you are not an intended recipient, please delete this e-mail, including attachments, and notify me. The unauthorized use, dissemination, distribution or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. ======================================================================== ====== ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate and may contain confidential and privileged material for the sole use of the intended recipient (s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender or reply to Enron Corp. at enron.messaging.administration@enron.com and delete all copies of the message. This e-mail (and any attachments hereto) are not intended to be an offer (or an acceptance) and do not create or evidence a binding and enforceable contract between Enron Corp. (or any of its affiliates) and the intended recipient or any other party, and may not be relied on by anyone as the basis of a contract by estoppel or otherwise. Thank you. ********************************************************************** ======================================================================== ====== This e-mail, including attachments, contains information that is confidential and may be protected by the attorney/client or other privileges. This e-mail, including attachments, constitutes non-public information intended to be conveyed only to the designated recipient(s). If you are not an intended recipient, please delete this e-mail, including attachments, and notify me. The unauthorized use, dissemination, distribution or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. ======================================================================== ====== ======================================================================== ====== This e-mail, including attachments, contains information that is confidential and may be protected by the attorney/client or other privileges. This e-mail, including attachments, constitutes non-public information intended to be conveyed only to the designated recipient(s). If you are not an intended recipient, please delete this e-mail, including attachments, and notify me. The unauthorized use, dissemination, distribution or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. ======================================================================== ====== ============================================================================== This e-mail, including attachments, contains information that is confidential and may be protected by the attorney/client or other privileges. This e-mail, including attachments, constitutes non-public information intended to be conveyed only to the designated recipient(s). If you are not an intended recipient, please delete this e-mail, including attachments, and notify me. The unauthorized use, dissemination, distribution or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. ==============================================================================