I just got done looking at the underlying contract language as set forth in 
the pro forma service agreement in the tariff and it specifically says that 
the max rate would apply unless a discount or negotiated rate has been agreed 
to.   My concern with adding the language below is,  could it be argued that 
not everyone knew the rate would or could apply at any point, since we just 
stated Topack and Needles and if they knew they might have bid a different 
rate?? 




Susan Scott
01/11/2001 02:42 PM
To: Jeffery Fawcett/ET&S/Enron@ENRON, TK Lohman/ET&S/Enron@ENRON, Michelle 
Lokay/ET&S/Enron@Enron
cc: Steven Harris/ET&S/Enron@ENRON, Drew Fossum@ENRON, Mary Kay 
Miller/ET&S/Enron@ENRON, Glen Hass/ET&S/Enron@ENRON 

Subject: revised language

After discussions with the commercial group I propose that that redlined 
language be added to the attached Dynegy agreement and to the 4 other 
negotiated rate agreements we've done.  If there are any objections you need 
to get back to me ASAP.