Melissa
 
We have yet to agree with the traders to reflect exactly the Into Cinergy 
Product as set out in the EEI. While it is where I believe we need to get to 
there will need to be a period of transition.
 
As you will see from the attached exchange of emails with Chris Walker, we 
have agreed language to be included in the product description on EOL, 
clearly the confirmation must reflect the terms as agreed to online. To that 
end, by copy of this to Chris would he be kind enough to update both me and 
Melissa as to the status of this language and when, if it is not already, it 
will be incorporated as part of the Into Cinergy product description on EOL.
 
Kind regards,
 
Marcus
----- Forwarded by Marcus Nettelton/NA/Enron on 05/23/2001 08:55 AM -----

	Marcus Nettelton
	05/16/2001 11:28 AM
		
		 To: Chris Walker/ENRON@enronXgate
		 cc: Elizabeth Sager/HOU/ECT@ECT, Peter Makkai/NA/Enron@Enron
		 Subject: RE: FW: Super Peak loadshape language

Chris
 
Further to our conversation, hopefully this language describes the scheduling 
aspect of the product as required. If not, please do not hesitate to call me.
Please check again to see that the requirement is that the scheduling must 
take place on the Weekday before and only on that date. This does appear to 
be inflexible, I would prefer that the parties have the flexibility to 
schedule earlier if they elect to do so.
 
Regards,
 
Marcus

"Firm energy shall, unless otherwise agreed, be scheduled on the Weekday 
before the next Delivery Day. "Weekday" means a day during the term of the 
transaction that is a Monday, Tuesday, Wednesday, Thursday, or Friday, 
excluding any day that is a NERC holiday"
a day during the term of the transaction that is a Monday, Tuesday, 
Wednesday, Thursday, or Friday, excluding any day that is a NERC holiday. 

 





	Chris Walker/ENRON@enronXgate
	05/16/2001 11:03 AM
		 
		 To: Marcus Nettelton/NA/Enron@ENRON
		 cc: Elizabeth Sager/HOU/ECT@ECT, Peter Makkai/NA/Enron@Enron
		 Subject: RE: FW: Super Peak loadshape language

Thanks Marcus, I apologize for all the emails.  Could we change to the 
following as noted below?  

"Firm energy shall, unless otherwise agreed, be scheduled on the weekday 
before the next Delivery Day." 
CW

 -----Original Message-----
From:  Nettelton, Marcus  
Sent: Wednesday, May 16, 2001 10:19 AM
To: Walker, Chris
Cc: Sager, Elizabeth; Makkai, Peter
Subject: RE: FW: Super Peak loadshape language

Chris
 
The Business Day language will impose greater planning disclipline on all 
parties, however If the requirement is for the scheduling to be  the day 
before, whether a holiday or not, then the language can be changed to read as 
follows, with some flexibility to enable scheduling to take place any time 
before the Delivery Day:

"Firm energy shall, unless otherwise agreed, be scheduled on or before the 
day before the next Delivery Day." 
 
Marcus





	Chris Walker/ENRON@enronXgate 05/16/2001 09:48 AM 	   To: Marcus 
Nettelton/NA/Enron@ENRON  cc: Elizabeth Sager/HOU/ECT@ECT, Peter 
Makkai/NA/Enron@Enron  Subject: RE: FW: Super Peak loadshape language


Marcus,

Peter and Kevin's concern with the language you suggested is that NERC 
holidays do not coincide with Federal Reserve banking holidays.  Martin 
Luther King Day, Washington's Day, Columbus Day, and Veteran's Day are all 
Federal banking holidays which are not NERC holidays.  Since they want the 
power to be scheduled the day before delivery, the language defining business 
day as " a day on which Federal Reserve member banks in New York City are 
open for business" prohibits scheduling on these 4 days mentioned above.  
Please feel free to contact either myself or Peter Makkai with any questions.

Thanks,

CW
3-7533

 -----Original Message-----
From:  Nettelton, Marcus  
Sent: Tuesday, May 15, 2001 2:23 PM
To: Walker, Chris
Cc: Sager, Elizabeth
Subject: Re: FW: Super Peak loadshape language

Chris
 
While our current goal is to define the Into Product on EOL, to reflect the 
Into Product as defined in the EEI Master Agreement, this process is not 
complete and will, amongst other things, require buy in from the traders. The 
following is suggested wording to get Peter and Kevin through until this 
process is complete.
 
Regards,
 
Marcus

"Firm energy shall be scheduled on or before the Business Day before the next 
Delivery Day. "Business Day" means a day on which Federal Reserve member 
banks in New York City are open for business; and a Business Day shall open 
at 8:00 a.m. and close at 5:00 p.m. local time for each Party's principal 
place of business."
 

 













	Chris Walker/ENRON@enronXgate 05/14/2001 09:58 AM 	   To: Marcus 
Nettelton/NA/Enron@ENRON  cc:   Subject: FW: Super Peak loadshape language



  Marcus,

Peter Makkai and Kevin Presto on the East Power desk are following up with 
their request for additional super peak loadshape language which states "Firm 
energy shall be scheduled on a day ahead basis.  +Day ahead basis, means a 
day during the term of the transaction which precedes the Delivery Day."  
Evidently, whenever they transact with this product, they are having to 
contact the customer and inform them of this scheduling parameter.  I know 
you were in the process of changing the language for all Into products and 
was wondering when this scheduling parameter could be added to this 
particular loadshape.

Thanks Marcus,

CW
3-7533



 -----Original Message-----
From:  Makkai, Peter  
Sent: Monday, May 14, 2001 8:55 AM
To: Walker, Chris
Subject: Re: Super Peak loadshape language


---------------------- Forwarded by Peter Makkai/NA/Enron on 05/14/2001 08:54 
AM ---------------------------
From: Marcus Nettelton on 04/12/2001 03:18 PM
To: Chris Walker/HOU/ECT@ECT
cc: Peter Makkai/NA/Enron@Enron 

Subject: Re: Super Peak loadshape language   << OLE Object: StdOleLink >> 

Chris 
 
This is an Into product which will require some specific changes. We are 
reviewing the language for all Into products and anticipate making them all 
consistent with the EEI Master Agreement definition. Until that time we will 
not change the wording of existing Into product definitions. I am currently 
working on this and once we have approved language we will be able to 
progress.
 
Regards
 
Marcus






	Chris Walker@ECT 04/12/2001 12:11 PM 	   To: Marcus Nettelton/NA/Enron@ENRON  
cc:   Subject: Re: Super Peak loadshape language




Here is the current long description.

A US Power Transaction with Enron Power Marketing, Inc., under which the 
Seller shall sell and the Buyer shall purchase a quantity of firm energy 
equal to the Hourly Quantity at the Contract Price. The Contract Price shall 
be as submitted by the Counterparty via the Website.
The transaction is for the applicable hours as set forth herein on each 
Delivery Day for the Effective Date 01 Jul 2001 to the Termination Date 31 
Aug 2001.
The transaction is for delivery or receipt of energy to any available point 
Into Cinergy System Border at Seller's daily election.
The price is quoted in US Dollars per unit of volume, which will be the 
Contractual Currency.
The unit of measure against which the price is quoted shall be megawatt-hours 
(MWh) and the quantity shown shall be in MW's delivered in each applicable 
hour for the duration of the Transaction (the "Hourly Quantity').
The transaction is for the hours beginning with the hour ending 1300 (12:00 
am) and concluding with the hour ending 2000 (8:00 pm) Central Prevailing 
Time on each Delivery Day.  'Delivery Day' means a day during the term of the 
transaction that is a Monday, Tuesday, Wednesday, Thursday, or Friday, 
excluding any day that is a NERC holiday.


---------------------- Forwarded by Chris Walker/HOU/ECT on 04/12/2001 12:08 
PM ---------------------------
From: Marcus Nettelton@ENRON on 04/12/2001 12:05 PM
To: Chris Walker/HOU/ECT@ECT
cc: Peter Makkai/NA/Enron@Enron 
Subject: Re: Super Peak loadshape language   << OLE Object: StdOleLink >> 

Chris

If it is firm Energy, to be delivered for a fixed period, starting and 
finishing at  the times specified, it is unclear why the scheduling 
requirement is applicable at all. 

The obligations are to deliver and receive and the parties have agreed to 
that. If there is a failure to deliver or failure to receive then the GTCs 
provide the non-defaulting party with a remedy. 

Please could you forward me the complete product description in any event.
 
Regards,
 
Marcus






	Chris Walker@ECT 04/12/2001 11:14 AM 	   To: Marcus Nettelton/NA/Enron@ENRON  
cc: Peter Makkai/NA/Enron@Enron  Subject: Re: Super Peak loadshape language




Marcus,

Please review the following loadshape language.  Peter Makkai would like to 
add the language in RED.

The transaction is for the hours beginning with the hour ending 1300 (12:00 
pm) and concluding with the hour ending 2000 (8:00 pm) Central Prevailing 
Time on each Delivery Day.  'Delivery Day' means a day during the term of the 
transaction that is a Monday, Tuesday, Wednesday, Thursday, or Friday, 
excluding any day that is a NERC holiday.  Firm energy shall be scheduled on 
a day ahead basis.  +Day ahead basis, means a day during the term of the 
transaction which precedes the Delivery Day.

Thanks,

CW
3-7533



---------------------- Forwarded by Chris Walker/HOU/ECT on 04/12/2001 11:00 
AM ---------------------------

 << OLE Object: Picture (Device Independent Bitmap) >> 
Peter Makkai@ENRON
04/12/2001 09:58 AM
To: Chris Walker/HOU/ECT@ECT
cc:  
Subject: Re: Super Peak loadshape language   << OLE Object: StdOleLink >> 



Chris,

loudshape language looks good,  just change this subtle change,

transaction which precedes a Delivery Day. to

transaction which precedes the Delilvery Day

when will this be reflected in the product description?

thank you,


Peter
31541




 << OLE Object: Picture (Device Independent Bitmap) >> 
Chris Walker@ECT
04/12/2001 09:39 AM
To: Peter Makkai/NA/Enron@Enron
cc:  

Subject: Super Peak loadshape language

Peter,

Review the folowing loadshape language and let me know of any suggestions.  
I'll then forward it to Marcus Nettelton.

The transaction is for the hours beginning with the hour ending 1300 (12:00 
pm) and concluding with the hour ending 2000 (8:00 pm) Central Prevailing 
Time on each Delivery Day.  'Delivery Day' means a day during the term of the 
transaction that is a Monday, Tuesday, Wednesday, Thursday, or Friday, 
excluding any day that is a NERC holiday.  Firm energy shall be scheduled on 
a day ahead basis.  +Day ahead basis, means a day during the term of the 
transaction which precedes a Delivery Day.

Thanks,

CW
3-7533