Greg-The Power Fundamentals applications are owned by Enron and, along with all the other Enron developed software, will be licensed to UBS on an exclusive basis for use in the North American Power and Gas business.  UBS will then sublicense these applications back to Enron for use by Enron within the permitted "Enron Field of Use".  The Enron Field of Use is described in Section 7.1 of the Comprehensive License Agreement and includes all the activities that Enron is allowed to pursue within the North American Power and Gas business.  

Further more, under the Comprehensive License Agreement, Enron is required to maintain and protect any Trade Secrets relating to the Gas and Power Business and to the proprietary software developed by Enron.  See Section 16.9 to the Comprehensive License Agreement. 

 -----Original Message-----
From: 	Piper, Greg  
Sent:	Tuesday, January  22, 2002 9:25 AM
To:	Koehler, Anne C.; Schuler, Lance (Legal)
Cc:	Delainey, David W.; Belden, Tim; Whalley, Greg; Presto, Kevin M.; Perlman, Beth; Hillier, Bob
Subject:	FW: Power Fundamentals

Give me your opinion on Tim Belden's issue below please.  

Schedule 27.4 lists power fundamentals applications and the CLA says that the Enron Parties are licensing it to UBS.  I also talked with Bob Hillier on this and he agreed with me and said that the Enron Parties own everything and the schedule lists what we are licensing to UBS.  West Power Fundamentals was developed by the Enron Parties and is owned by the Enron Parties.

Let me know your thoughts.

GP


 -----Original Message-----
From: 	Perlman, Beth  
Sent:	Tuesday, January 22, 2002 8:50 AM
To:	Piper, Greg
Subject:	FW: Power Fundamentals

any ideas?

Beth

 -----Original Message-----
From: 	Belden, Tim  
Sent:	Friday, January 18, 2002 11:46 AM
To:	Perlman, Beth
Cc:	Presto, Kevin M.; Whalley, Greg
Subject:	RE: Power Fundamentals

Hi Beth,
I hate to be uncooperative, particularly after all that we have accomplished together, but I can't see where in the Enron/UBS agreement it says that Enron needs or gets to keep the West Power Fundamentals system.  Furthermore, I have no assurances that Enron is in a position to keep this information confidential as Richard Schweiger is rightfully looking for a new job.  Richard could easily understand what we are doing and use it to secure a job with AEP, Pacificorp or someone else here in town.  I don't mean to question Richard's integrity, but these are very strange times.

Until I receive word from UBS or Greg Whalley I am sitting tight.

Again, sorry to be uncooperative, but it doesn't appear to me that our interests are aligned right now and I need to protect our competitive advantage.

Regards,
Tim


 -----Original Message-----
From: 	Perlman, Beth  
Sent:	Thursday, January 17, 2002 2:54 PM
To:	Belden, Tim; Presto, Kevin M.; Will, Lloyd; Heizenrader, Tim
Cc:	Fallon, Jim; Piper, Greg; Delainey, David W.
Subject:	Power Fundamentals

All,

I have been requested to obtain a working copy of all fundamental systems.  The estate wants to preserve them and they should be available for use within the estate.

I will dedicate systems resources to working with your groups.  Your cooperation is greatly appreciated.

I will have Richard Burchfield coordinate these efforts.  Richard Schweiger will assist us in Portland.

Thanks,
Beth