Stacy,
Chris has stated the the CP has agreed to pay and be liable for the GST. Any language handy that we can add on to the confirm (along with our Bankruptcy disclaimer of course) to cover this provision? Perhaps below or in the Pricing Language portion of the Confirmation?
Something: 
Goods and Services Tax ("GST") LIABILITY: Contract Price does not include GST. Buyer is liable for and shall pay, or cause to be paid, or reimburse Seller if Seller has paid, all fees applicable to GST.
 
Sitara Deal #1199439
 
Thanks!!!
Cyndie
 
 
-----Original Message-----
From: Germany, Chris 
Sent: Thursday, February 28, 2002 10:23 AM
To: Balfour-Flanagan, Cyndie
Subject: Deal 1199439 - sale of Dawn gas to MidAmerican


Per my discussion with Dave Evans - MidAmerican agreed to pay ENA for this gas and will not net this deal with any other deal.  We also discussed doing this deal under a GISB agreement but if we have some other post-bankruptcy agreement that we can trade under then that's fine with me.  You and Stacy can decide if we need to put any of this information on the confirm.
 
Stacy also has some comments below pertaining to the GST tax that should may need to be included in the confirm.  I did not discuss the GST tax, I felt fortunate that someone would do business with me.
 
-----Original Message-----
From: Germany, Chris 
Sent: Thursday, February 28, 2002 8:53 AM
To: Mann, Kay; McMichael Jr., Ed; Concannon, Ruth; Parks, Joe
Cc: Price, Wade R.; Dickson, Stacy E.; Olinger, Kimberly S.; Polsky, Phil; Boyt, Eric; Richardson, Stacey
Subject: RE: Enbridge Consumers' Gas Park & Loan


Just sold 10,000 MMBtu per day at Dawn to MidAmerican Energy Company at $2.47 for March.  My contact at MidAmerican is Dave Evans (515-281-2698).  Dave said he was using Apr Nymx + $.05 to calculate his price.

-----Original Message-----
From: Germany, Chris 
Sent: Wednesday, February 27, 2002 4:30 PM
To: Mann, Kay; McMichael Jr., Ed; Concannon, Ruth; Parks, Joe
Cc: Price, Wade R.; Dickson, Stacy E.; Olinger, Kimberly S.; Polsky, Phil; Boyt, Eric
Subject: RE: Enbridge Consumers' Gas Park & Loan


Update
 
Robin and I are waiting to hear back from all of the following
 
company                                                contact
Reliant Energy Services Inc.                    Sue Cozad  989-687-9246  low probability
Enbridge Gas Services Inc.                      Dan White  403-508-3184  new counterparty - low probability
MidAmerican Energy Company                Dave Evans  515-281-2698  good prospect
CMS Marketing, Services and Trading Company    Scott Biscoe  713-230-7286  low probability
 
El Paso      - no interest.
 
Left messages with
Duke Energy Marketing Ltd.                Steve Butler  403-297-9840
TXU Energy???                                    David Jones  
 
 

-----Original Message-----
From: Dickson, Stacy E. 
Sent: Wednesday, February 27, 2002 3:34 PM
To: Mann, Kay; Germany, Chris
Cc: Price, Wade R.
Subject: RE: Enbridge Consumers' Gas Park & Loan


The Goods and Services Tax (GST) in Canada is levied on sales of gas at a delivery point in Canada and where the gas will not be exported from Canada. The buyer pays the seller the amount of the  GST which is a per cent of the purchase price.  The seller, in turn, remits the amount of the GST to the appropriate Canadian authority.  In structuring the deal, be sure that you make it clear that the Contract Price does not include the GST.   If the gas it to be exported the buyer needs to notify that the gas is "zero-rated"  so it is not subject to the GST.
 
Wade - Do you know who in settlements is handling GST payments?  I hope we still have someone who can do that.  
 
Please let me know if you have any other questions.
 
Stacy
x3-5705

-----Original Message-----
From: Mann, Kay 
Sent: Tuesday, February 26, 2002 7:02 PM
To: Dickson, Stacy E.
Subject: FW: Enbridge Consumers' Gas Park & Loan


Do you know the answer to the tax question, or at least who to ask?
 
Thanks,
 
Kay

-----Original Message----- 
From: Germany, Chris 
Sent: Tue 2/26/2002 5:46 PM 
To: Germany, Chris; McMichael Jr., Ed; Concannon, Ruth; Boyt, Eric; Garza, Maria; Polsky, Phil; Dicarlo, Louis; Olinger, Kimberly S.; Parks, Joe; Mann, Kay 
Cc: Fowler, Kulvinder; Schumack, Sherlyn 
Subject: Enbridge Consumers' Gas Park & Loan



Opps.  Didn't mean to hit send it just yet.  Much better now. 

 -----Original Message----- 
From:   Germany, Chris  
Sent:   Tuesday, February 26, 2002 5:39 PM 
To:     McMichael Jr., Ed; Concannon, Ruth; Boyt, Eric; Garza, Maria; Polsky, Phil; Dicarlo, Louis; Olinger, Kimberly S.; Parks, Joe; Mann, Kay

Cc:     Fowler, Kulvinder; Schumack, Sherlyn 
Subject:        Enbridge Consumers' Gas Park & Loan 

Today we discovered that ENA has 310,000 MMBtu parked with The Consumers' Gas Company Ltd. (an affiliate of Enbridge Inc.) at Dawn that needs to be withdrawn by March 31, 2002.    Dan White (403-508-3184) at Enbridge faxed me their confirmation.  According to Dan, this gas was parked in May and June 2001.  Per Enbridge's confirmation, "Customer shall pay Enbridge a fee of $.22 US/MMBtu...prorated over 12 months".  The confirmation makes it clear that March withdrawals are interruptible.  Dan didn't know if ENA has paid the fee but he is letting ENA take this gas for March!!!  So far have not been able to find a deal ticket in Sitara or tagg that applies to this deal. 

Tomorrow, I will get bids from some of the companies ENA has done business with in the past at Dawn.  Before I sell the gas, I will 

        1.  verify the creditworthiness of the company we are selling to 
        2.  make sure the company we are selling to agrees to pay us for the gas and doesn't net this with some other item.

Kay, the point we are selling the gas at is Dawn which is in Canada.  Are there any special tax issues to address? 


Any comments or questions? 


Listed below are some of the companies ENA has done business with at Dawn 

AEP Energy Services, Inc.      
Aquila Canada Corp.    
BP Canada Energy Company       
Cargill Energy Trading Canada, Inc.    
CMS Marketing, Services and Trading Company    
CoEnergy Trading Company       
Consumers Energy Company       
Consumers Gas Company Ltd., The
Coral Energy Canada Inc.       
Duke Energy Marketing Limited Partnership      
Duke Energy Trading and Marketing, L.L.C.      
Dynegy Canada Inc.     
Dynegy Canada Marketing and Trade, a division of Dynegy Canada Inc.    
El Paso Merchant Energy, L.P.  
Engage Energy Canada L.P.      
Nexen Marketing
PanCanadian Petroleum Limited  
PG&E Energy Trading, Canada Corporation
PG&E Energy Trading-Gas Corporation    
Phibro Inc.    
Reliant Energy Services, Inc.  
Sempra Energy Trading Corp.    
TXU Energy Trading Canada Limited      
WPS Energy Services, Inc.