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.