I received a call this evening from our V&E regulatory counsel (Adam Wenner) who received a call from Dynegy's regulatory attorney, Dan King, about the need for both companies to making filings at FERC to notify FERC of the proposed acquisition and to state that, during the pendency of the acquisition, both companies will treat each other as if the two were already merged (i.e., the standards of conduct and affilate rules will apply).  

Under FERC's regulations, as of the date of the agreement, Enron and Dynegy must conduct themselves as if they are already merged.  Therefore, Enron can no longer enter into transactions with Illinois Power to buy or sell power absent FERC approval under section 205 of the Federal Power Act, and Dynegy cannot enter into transactions with Portland General absent prior FERC approval.  With regard to the sale and purchase of non-power goods and services, all non-power goods and services provided by Illinois Power to Enron must be priced at the higher of cost or market. Any non-power goods or services provided by Enron to IP must be priced at a level that does not exceed market price.

We will work with the attorneys to make these filings, but we wanted you to know as soon as possible that we need to stop power sales and purchases with Illinois Power (if we were doing any) and can only enter into transactions with them with prior FERC approval.

We will send a draft of the FERC filing to you for review.  Please let us know if this restriction causes problems for you (e.g., you have existing or forward contracts with IP that are in effect or are scheduled to go into effect during the pendency of the acquisition).

Let us know if you have any questions.

Sarah