
Date: Fri, 27 Apr 2001 04:07:00 -0700 (PDT)
From: david.portz@enron.com
To: melissa.murphy@enron.com
Subject: TC language if  EPMI is Buyer in ERCOT across DC tie
Cc:  clint.dean@enron.com,
elizabeth.sager@enron.com, sharen.cason@enron.com,
melissa.murphy@enron.com
Bcc:  clint.dean@enron.com,
elizabeth.sager@enron.com, sharen.cason@enron.com,
melissa.murphy@enron.com

For those written confirmations of EPMI's purchases in ERCOT which the ERCOT
traders designate as  being supplied across a DC tie, I suggest this draft
text insert, which is subject to review and approval by Doug Gilbert-Smith
and Clint Dean before incorporation into specific confirmations which the
traders indicate.

"Transmission Contingent.  If Seller is unable to secure the transmission
required for this Transaction on a DC tie line across the ERCOT system border
("DC tie"),  or transmission on such DC tie is curtailed in a manner
affecting Seller's delivery hereunder, then Seller at its election shall not
be required to deliver the affected portion of the Energy and, in the event
of that election by Seller, neither party shall be liable to the other
hereunder for failure to deliver/receive such Energy."

I will be attempting to confirm this treatment with Doug and Clint today if
possible,  and I or one of them will confirm that this text is to be inserted
in pertinent confirmations.
