I've clarified the language in 2(a).

Paul / Dan:

A summary of the alternatives related to the LNG winter cargo follows:

	1. If we don't do anything and Cabot does not deliver: 
		a. We may save $4.7 million in demand charges and surcharges, but will have exposure to spot fuel prices at a time when prices are expected to rise.

	2. Write a letter to Cabot notifying them that we have an opportunity to secure a winter cargo now and have them confirm their commitment to a winter cargo delivery. 

		a. Should Cabot commit to a winter cargo we would be in the same position we are today with the exception that they no longer have the ability to cancel the winter cargo on short notice. If we later decline to receive the winter cargo we still pay the $4.7 million in demand charge and surcharge. We would decline to nominate a winter cargo from Cabot only if spot fuel prices are lower than the commodity charge and surcharge.	
					
		b. Should Cabot not commit to a delivery we are relieved of the obligation to pay the $4.7 million in demand charges and surcharges and can buy a spot cargo at an additional savings. The total potential benefit to EcoElectrica of the transaction can be close to $5 million at the current LNG prices (this scenario will be better if prices go down)..

Given where the LNG market is today we should proceed to send the letter to Cabot.

---------------------- Forwarded by Jaime Sanabria/ENRON_DEVELOPMENT on 06/12/2001 05:59 PM ---------------------------


Roberto Alvira
06/12/2001 02:15 PM
To:	Jaime Sanabria/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Oscar Cedeno/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT
cc:	Victor Vega/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Ernesto Cordova/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Paul YBarbo/Enron@EnronXGate, Dan Masters/Enron@EnronXGate 

Subject:	FW: Eco Winter Cargo




Jaime, Oscar:

Have reviewed the possibility of purchasing a non-Cabot Winter Cargo.  Please review and comment.  The analysis should be looked at in conjunction with the narrative written by Paul included in the attached email.  For detail of analysis, refer to the following Excel icon. 

 


	Items for Consideration and/or Assumptions 	

Cabot's willingness to release the right  not deliver the Winter Cargo (time is of essence in getting Cabot to make this decision in Eco's favor)
Purchase of non-Cabot cargo at 10 cents lower than our 2002 Estimated Commodity Charge and Surcharge Rate. Should consider other scenarios. 	
PRCPI growth of 5.5%, could be updated given the availability of 4-month actual data. 
NYMEX to be continued updating - actual and future. 
Have not considered other incidental expenses related to the transaction.





Saludos





--------------------- Forwarded by Roberto Alvira/ENRON_DEVELOPMENT on 06/12/2001 01:33 PM ---------------------------


Jaime Sanabria
06/08/2001 12:59 PM
To:	Oscar Cedeno/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Roberto Alvira/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT
cc:	Paul YBarbo/Enron@EnronXGate, Victor Vega/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Ernesto Cordova/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT 

Subject:	FW: Eco Winter Cargo

Oscar:

We need to look at when it would be most convenient to enter into an LNG purchase transaction given the scenario explained by Paul Y'Barbo below. Please work with Roberto Alvira and prepare a proposal for management.

I am forwarding a separate EMail from Paul with the potential economics of the transaction.
---------------------- Forwarded by Jaime Sanabria/ENRON_DEVELOPMENT on 06/08/2001 11:01 AM ---------------------------
From:	Paul YBarbo/ENRON@enronXgate on 05/22/2001 07:57 PM CDT
To:	Ernesto Cordova/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Jaime Sanabria/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Greg Curran/CA/Enron@Enron
cc:	 

Subject:	FW: Eco Winter Cargo


Ernesto,

Below is a discussion of some of the key contractual issues surrounding the 2002 Winter Cargo. You may also want to review the contract to gain an understanding of how the delivery dates are set for the Last Cargo of 2001, the 2002 Winter Cargo, and the 2002 Early Spring Cargo.

We can discuss this opportunity for Eco in a few days after you have had a chance to familiarize yourself with the issues.

Regards,

Paul
 -----Original Message-----
From: 	Y'Barbo, Paul  
Sent:	Thursday, May 17, 2001 7:02 PM
To:	Perry, Wayne
Cc:	Sierra, Rick; Masters, Dan; Harris, Clay; 'masseye@arentfox.com'; 'coralina.rivera@enron.com'
Subject:	Eco Winter Cargo

Below are the key points of a conference call held on Friday, May 11, 2001. Attending were Gene Massey of Arent Fox and Coralina Rivera, Dan Masters, and Paul Y'Barbo of Enron. The call was in reference to the LNG supply contract between EcoElectrica and Cabot LNG. Enron LNG got the answers it hoped to get and more.

1. Article 12.3 gives Cabot the right to not deliver a Winter Cargo to Eco if Cabot is unable to complete an Algerian Loading within a window specified in the contract. Cabot could give notice to Eco as late as 3 days prior to the scheduled loading of the Winter Cargo that Cabot will be unable to deliver the cargo. The failure to complete the Algerian Loading must not be the result of a default by Cabot or Distrigas. The failure to achieve an Algerian Loading may not necessarily be the result of an Algerian Force Majeure situation. 

2. Article 12.3 (b) (iv) gives Eco the right to secure replacement fuel for the Winter Cargo. If Eco notices Cabot that Eco has the opportunity to secure replacement fuel, then Cabot has 10 days to notify Eco whether or not they are willing to release the right to not deliver the Winter Cargo. Eco may buy replacement fuel regardless of whether or not Cabot releases the right to not deliver the Winter Cargo. In other words, even if Cabot commits to delivery of a Winter Cargo, Eco is under no obligation to purchase a Winter Cargo from Cabot. 

If Cabot is unable to release its right to not deliver a Winter Cargo, then Eco will buy the replacement fuel and will not have to pay the Demand Charge or Demand Surcharge on the Winter Cargo, a quantity equal to 119,000 cubic meters (~$4.7 MM).

If Cabot releases its right to not deliver a Winter Cargo and Eco still buys the replacement fuel, then Eco will receive no reduction in the annual Demand Charges and Demand Surcharge.

Eco has until December 1st to give notice that it has the opportunity to buy replacement fuel. It was Gene's opinion that the sooner Eco gives notice (today would be good), the less likely Cabot would be willing to give up its right to not deliver the Winter Cargo. Thus, the more likely Eco would be able to get a reduction in Demand Charges and elimination of the Demand Surcharge.

Important Note: The economics of the deal work such that the largest monetary benefit of buying replacement fuel exists when December/January/February U.S. natural gas prices are at their lowest point of the year.

If U.S. natural gas prices were to go down a little further, Eco would want to buy more non-Cabot LNG than just the Winter Cargo replacement.

3. Per Article 7.5, Eco's annual purchase commitment is 66% of the LNG consumed at the Power Facility up to a maximum of 19.46 TBtu (~7 Standard Cargoes). In a year in which the Power Facility consumes 9 Standard Cargoes, Eco would need to "purchase" 6 Standard Cargoes from Cabot. Failure to do so would result in payment of liquidated damages of approximately $0.36/MMBtu.

Important Note: Per Article 7.5, if replacement fuel is purchased rather than buying a Winter Cargo from Cabot, that quantity counts as though it were purchased from Cabot for the purpose of assessing whether or not Eco met its annual purchase commitment. Thus, in a year in which the Power Facility consumes 9 Standard Cargoes, Eco could buy replacement fuel instead of a Cabot Winter Cargo plus 5 Standard Cargoes from Cabot and still meet its annual commitment.

There are benefits to Eco for buying replacement fuel - certainty of supply and a lower price. Enron LNG should continue to pursue a deal with Eco. I plan to schedule a meeting with Mariella Mahan as soon as she is available.

I will provide an update of the economics of this trade in my next e-mail.

Paul