Mark,

My reading of the 45 page settlement agreement, says that ENA agrees ... to release to Birchill "on a permanent basis on or before October 31, 2002".  This wording gives us more flexibility than just saying the Birchill transaction is not going to become effective until November 1, 2002.  It also matches up with Enron Canada's Birchill settlement which is how I discussed the issue with Eva.

I did a quick read of NBPL's Motion.  Although, there was not a Schedule A in the Motion, it looks like the base contract for ENA's Tenaska temporary capacity release will be included in NBPL's Schedule A.  Your comment to Len Parkins on the revision is on point.

Ruth 

-----Original Message-----
From: Mark Ellenberg [mailto:Mark.Ellenberg@cwt.com]
Sent: Monday, May 13, 2002 4:18 PM
To: Lenard M. Parkins
Cc: Concannon, Ruth
Subject: Re: Fwd: Stipulation and Order - Clean and Redlined



Thanks for the revisions.  We need the following additional changes:

   We need to see schedule A.
   One contract has been released to Tenaska until October 31, 2002.  That
   contract should not be rejected until after that date.
   The Burchill transaction is not going to become effective until November
   1, 2002.  We suggest that NB do temporary releases between now and then.
   Mitigation referred to in paragraphs 2 and 4 should include either
   payments actually received or the highest bid rejected in the event NB
   imposes a minimum bid that is not hit.

I understand that Ruth Concannon has discussed these issues with Eva.

Also, I have not yet heard from Brian Rosen.

Thanks.

Mark C. Ellenberg
Cadwalader, Wickersham & Taft
1201 F Street, NW
Washington, DC  20004
202.862.2234


                                                                                                    
                    "Lenard M. Parkins"                                                             
                    <Lenard.Parkins@haynes       To:     Mark.Ellenberg@cwt.com,                    
                    boone.com>                    Eva.Neufeld@NBorder.com                           
                                                 cc:                                                
                    Office:                      Subject:     Fwd: Stipulation and Order - Clean    
                                                  and Redlined                                      
                    05/13/02 12:51 PM                                                               
                                                                                                    
                                                                                                    




Here is the revised stipulation for Northern Border and ENA.  There is a
clean and a redlined draft for review.

Thanks

Len Parkins

Lenard M. Parkins
Haynes and Boone, LLP
1000 Louisiana Street, Suite 4300
Houston, Texas 77002-5012

Direct Phone-(713)-547-2008
Direct Fax-(713)- 236-5405
Main Phone-(713)-547-2000
Cell Phone-(713)-542-7225
Email-parkinsl@haynesboone.com
----- Message from "Mara Priestley" <Mara.Priestley@haynesboone.com> on
Mon, 13 May 2002 11:49:15 -0500 -----
                                                 
      To: "Lenard M. Parkins"                    
          <Lenard.Parkins@haynesboone.com>       
                                                 
 Subject: Stipulation and Order - Clean and      
          Redlined                               
                                                 



(See attached file: 337888_2.DOC)(See attached file: Redlined Stip and
Order.rtf)


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