This is NBPL's response to my suggestion that we need NBPL's input on the "Transportation Rejection/Acceptance Master Plan" for NBPL's pipeline that we are trying to get Creditor Committee approval.  I view NBPL's protocol a process that the Creditor's could agree to prior to starting the automatic capacity release process.  I suggested this overall approach in response as an alternative to NBPL notification that they are preparing a draft Motion compelling us to take action under procedures of the Bankruptcy Court  

Although there is a few differences proposed by NBPL, overall it seems reasonable.  We would need to work out a few details, including clarifying how to handle the Burchill capacity that involves Enron Canada's settlement.

I would like to contact Eva Neufield at NBPL to clarify the Burchill issues.  Unfortunately, the Burchill capacity is a portion of the capacity included in Tenaska's FERC complaint filing.  Legally, can or should I make any other contacts with NBPL until the FERC issues are addressed internally in more detail?

Ruth


 -----Original Message-----
From: 	Neufeld, Eva  
Sent:	Thursday, March 21, 2002 9:25 AM
To:	Concannon, Ruth
Cc:	Place, Janet; Miller, Paul; Fonda, Bill; Neppl, Ray; Heckerman, Bambi
Subject:	NBPL Protocol
Importance:	High

Ruth,
	I wanted to get back to you regarding the conversation you, Bill Fonda and I had the other day.  We have discussed with management and the decision is that we would like to coordinate with ENA regarding the development of a protocol for the posting of the capacity ENA holds on NBPL.

	In the current environment it appears that the best prices that will be obtained for ENA capacity will occur if the ENA capacity is released effective no later than June 1.  If we can get the process approved and the capacity posted prior to that, so much the better.

	I discussed with our bankruptcy counsel and he envisioned that NBPL and ENA would jointly agree to the protocol.  That the protocol would be attached to a Motion with the bankruptcy court requesting approval of the protocol.  And while that Motion was pending, present to the Creditor's Committee so that they would be on board in a timely fashion.   

	The goal would be that when the shippers are bidding on the capacity that they would be assured that the results of the bidding would not be subject to further approval by creditor's committee or bankruptcy court.  

	We are very interested in coordinating the development of the protocol as soon as possible.  We will dedicate whatever resources necessary to complete this by the end of next week.   If you want me to contact an ENA attorney to begin legal coordination please advise.  The name that I currently have is Kay Mann.  If that is not correct please let me know.

	If you have any other suggestions, please let me know.

	Thank you.

	Eva.