I think asking David the question is a good idea.

Kay




"Wilson Montjoy" <wmontjoy@brunini.com> on 06/06/2001 04:01:39 PM
To: <Kay.Mann@enron.com>
cc:  

Subject: Re: Joint agency as reseller of power

the first part of Sec.77-5-725(u) supports your statement ("to purchase...on 
behalf of its members"). To me, that might support buying as agent in a way 
that the action of MDEA would be a binding commitment of CPU. However,  the 
second clause ("and to sell the same to its members") would seem to go the 
other way.

Also note subsections o, p and q.

Under municipal law in Miss. there is the concept that a public body may not 
"delegate" its statutory functions to others. I know you can't do it when 
it's a discretionary public function being delegated to a non-public entity. 
I'm not so sure about one public body delegating to another. I'd like to hear 
from David Hunt on this.

>>> <Kay.Mann@enron.com> 06/06/01 03:42PM >>>

Would you read that to mean the authority to buy power "as agent for" the
Cities?  Seems not entirely clear but not entirely out of the question.

Kay