We already have an Enfolio Master Firm Purchase/Sale Agreement in place with ENA, which continues on a month-to-month basis since the original one-year term expired on 11/1/01.  I assume that the Spot agreement would enable us to buy/sell interruptible gas, but it also seems to cover firm purchases.

Would the Spot agreement take the place of the Firm agreement?  If not, would having both agreements in place create any overlaps or conflicts?  How would we know which agreement applied to a particular transaction?  (For example, I don't see a netting provision in the Spot agreement, which is something that we would insist upon.)

Please let me know how the agreements would relate to one another.  In the meantime, I will begin to review the Spot agreement in greater detail.


Debra.Perlingiere@enron.com wrote:

>   Thanks for our email.  At the present time, Ena is not putting new GISBs
> in place.  However, we have a Enfolio Spot Agreement which will achieve the
> same purpose.  Please see attached.
>
>  (See attached file: Master Spot-new.doc)
>
>     -----Original Message-----
>    From:   Anthony Targan <targana@dteenergy.com>@ENRON
>    Sent:   Thursday, November 15, 2001 8:35 AM
>    To:     dperlin@enron.com
>    Subject:  GISB contract with DTE Energy Trading
>
>    Debra,
>
>    It was a pleasure speaking with you yesterday regarding the GISB
>    contract.
>    I look forward to receipt of your suggested language for the netting and
>    dispute resolution provisions, and your decision on the acceptability of
>    our Sections 10.3, 10.4, and 15 (Confidentiality).
>
>    Please do not hesitate to call if we need to discuss this further.
>    Unless you instruct otherwise, we intend to sign the Base Contract
>    first, and then FedEx partially executed originals to you for signature.
>
>    Thanks,
>    --Anthony
>
>     - targana.vcf << File: targana.vcf >>
>
> **********************************************************************
> This e-mail is the property of Enron Corp. and/or its relevant affiliate and may contain confidential and privileged material for the sole use of the intended recipient (s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender or reply to Enron Corp. at enron.messaging.administration@enron.com and delete all copies of the message. This e-mail (and any attachments hereto) are not intended to be an offer (or an acceptance) and do not create or evidence a binding and enforceable contract between Enron Corp. (or any of its affiliates) and the intended recipient or any other party, and may not be relied on by anyone as the basis of a contract by estoppel or otherwise. Thank you.
> **********************************************************************
>
>   ------------------------------------------------------------------------
>                                  Name: Master Spot-new.doc
>    Master Spot-new.doc           Type: WINWORD File (application/msword)
>                              Encoding: base64
>                       Download Status: Not downloaded with message

 - targana.vcf