Chris,

I am attaching an e-mail containing recommended changes to the GTC for a similar product.  Such changes should be added to the GTC for this product as well.

Best regards,
Susan

 -----Original Message-----
From: 	Musch, Susan  
Sent:	Tuesday, August 07, 2001 6:40 PM
To:	Walker, Chris
Cc:	Blumenthal, Jeff; Clark, Morris; Taylor, Mark E (Legal)
Subject:	RE: 2 New product types approval needed (CAN Gas Phy Index Firm East)

Chris,

The current text in Section 7 of the Firm GTC for the CAN Gas Phy Index Firm East products should be deleted and replaced with the following text:

(a)	Seller shall be liable for and shall pay, or cause to be paid, or reimburse Buyer, if Buyer has paid, all Taxes applicable to the Product sold hereunder upstream of the Delivery Point(s).  If Buyer is required to remit such Tax, the amount thereof shall be deducted from any sums becoming due to Seller hereunder.  Buyer shall be liable for and shall pay, cause to be paid, or reimburse Seller, if Seller has paid, all Taxes applicable to the sale and/or delivery of Product hereunder at and downstream of the Delivery Point(s) including any Taxes imposed or collected by a taxing authority with jurisdiction over Buyer; provided, however, when laws, ordinances or regulations permit or impose upon Seller the obligation to collect or pay Taxes applicable to the sale and/or delivery of Product hereunder at the Delivery Point, Seller shall collect all such Taxes from Buyer, which shall be in addition to the Contract Price, and remit the same to the appropriate governmental authority. Seller or Buyer shall indemnify, defend, and hold the other Party harmless from and against any liability with respect to Taxes for which the Seller or Buyer, as applicable, is liable hereunder.  Either Party, upon written request of the other, shall provide a certificate of exemption or other reasonably satisfactory evidence of exemption if either Party is exempt from taxes, and shall use reasonable efforts to obtain and cooperate with obtaining any exemption from or reduction of any Tax.  Notwithstanding the foregoing, (i) a Buyer purchasing the Commodity for delivery in any of the provinces of British Columbia, Ontario or Quebec must provide to the Seller a completed exemption certificate or drop-shipment certificate, as appropriate, i.e., a B.C. Certificate of Exemption, Ontario Purchase Exemption Certificate or Quebec Drop-Shipment Certificate; and (ii) a Party is not liable for any applicable Taxes that are legally imposed on the other Party and that are refundable to the other Party, including without limitation the Canadian Goods and Services Tax.  "Taxes" means any or all ad valorem, goods and services, property, occupation, gross receipts, privilege, sales, use, consumption, excise, lease, transaction, and other taxes, governmental charges, licenses, fees, permits and assessments, or increase therein, other than taxes based on net income or net worth.  

(b)	If a New Tax occurs that affects a Transaction, and Buyer would be responsible for such New Tax if it were a Tax under Section 7(a), and such New Tax is of the type which Buyer can pass directly through to, or be reimbursed by, a Person other than Seller, Buyer shall pay or cause to be paid (or reimburse Seller if Seller has paid) all such New Taxes and Buyer shall indemnify, defend and hold harmless Seller from any claims for such Taxes.  If a New Tax occurs that affects a Transaction, and Seller would otherwise be responsible for such New Tax if it were a Tax under Section 7(a), and such New Tax is of the type which Seller can pass directly through to, or be reimbursed by, a Person other than Buyer, Seller shall pay or cause to be paid (or reimburse Buyer if Buyer has paid) all such New Taxes and Seller shall indemnify, defend and hold harmless Buyer from any claims for such Taxes.  If a New Tax occurs that affects a Transaction, and the provisions of this Section 7(b) do not otherwise apply, the Party affected by the New Tax shall notify the Party not affected of such New Tax.  The Parties shall attempt to reach mutual agreement as to sharing of the New Tax.  If the Parties are unable to reach mutual agreement within 5 business days, the Parties shall submit to binding arbitration, in accordance with the terms set forth in Section 10 of this Agreement, to determine each Party's respective liability for the New Tax.  "New Taxes" means Taxes enacted and effective after the Effective Date, including any change in the law, rule or regulation or interpretation thereof relating to Taxes.  "New Taxes" shall not include any increase in the rate of Taxes, including increases in the rate of sales and use taxes, goods and services taxes, value added taxes, or taxes imposed generally on net income or profits.

Please let me know if you have any questions or comments, or need additional information.

Best regards,
Susan


 -----Original Message-----
From: 	Walker, Chris  
Sent:	Tuesday, August 07, 2001 12:51 PM
To:	Blumenthal, Jeff; Musch, Susan; Hayden, Frank; Moran, Tom; Taylor, Mark E (Legal); Love, Phillip M.
Cc:	Lees, Lisa; Sever, Stephanie; Jones, Tana; Lambert, Karen; Lombardi, Kelly; Elledge, Susan; Sweitzer, Tara; Kenne, Dawn C.; Moorer, Torrey; Alatorre, Carlos; Renaud, Lindsay; Meredith, Kevin; Lozano, Melba; Mandola, Teresa; Wallumrod, Ellen
Subject:	2 New product types approval needed (CAN Gas Phy Index Firm East)

Your review and approval of the following product types in the EOL Datamanager is needed (for directions on approval, please see steps for approval at the bottom of this e-mail).

******** DO NOT APPROVE PRODUCT TYPES BETWEEN THE HOURS OF 6AM - 11AM***********

CAN Gas Phy Index Firm East < or = 1Mo	(2114)
CAN Gas Phy Index Firm East >1Mo<1Yr	(2115)

Traders:
Geoff Storey
Martin Cuilla

 << File: CAN Gas Phy Index East.doc >>  << File: SPOT GTC Nat Gas ENA.doc >>  << File: Firm GTC Nat Gas ENA.doc >> 



 -----Original Message-----
From: 	Walker, Chris  
Sent:	Monday, November 05, 2001 4:41 PM
To:	Taylor, Mark E (Legal); Moran, Tom; Musch, Susan; Blumenthal, Jeff; Hayden, Frank; Love, Phillip M.; Dickson, Stacy E.
Cc:	Anderson, Diane; Lees, Lisa; Sever, Stephanie; Clark, Claudia; O'day, Karen; Guillory, Michael; Jones, Tana; Lambert, Karen; Lombardi, Kelly; Sweitzer, Tara; Lozano, Melba; Kenne, Dawn C.; Moorer, Torrey; Meredith, Kevin; Hoang, Charlie; Renaud, Lindsay; Denny, Jennifer
Subject:	Product Type approval - (CAN Gas Phy Fwd Firm East Spd < or = 1Mo)

Your review and approval of the following product type in the EOL Data manager is needed (for directions on approval, please see steps for approval at the bottom of this e-mail).  Please do not approve before 11 A.M.


CAN Gas Phy Fwd Firm East Spd < or = 1Mo	(2193)

Can Gas Phy Spd  Dawn vs Niagara   Nov01           USD/MM

A Canadian Gas Spread Transaction which is entered into as two physical Transactions with Enron North America Corp. under which either (A) for the case in which Counterparty submits an offer to buy the Spread from Enron, Counterparty shall sell the First Transaction and buy the Second Transaction while Enron shall buy the First Transaction and sell the Second Transaction, each in respect to a quantity of natural gas equal to the Daily Contract Quantity at the Contract Price on a firm basis; or (B) for the case in which Counterparty submits an offer to sell the Spread to Enron, Counterparty shall buy the First Transaction and sell the Second Transaction while Enron shall sell the First Transaction and buy the Second Transaction, each in respect to a quantity of natural gas equal to the Daily Contract Quantity at the Contract Price on a firm basis. The Contract Price for the First Transaction will be the midpoint of the bid and offer price(s) on the Website for the first product listed in the short description at the time of the Transaction if both the bid and offer prices are then available or the available price if only one of such prices is then available.  The Contract Price for the Second Transaction will be the Contract Price for the First Transaction, modified by the price submitted by the Counterparty on the Website.
The transaction is from the Effective Date to the Termination Date. The Effective Date is 01 Nov 2001. The Termination Date is 30 Nov 2001.
The First Transaction is for delivery at Union Gas - Dawn, Ontario.  The Second Transaction is for delivery to Transcanada Pipelines at Niagara.
The price is quoted in US Dollars per unit of volume, which will be the Contractual Currency.
The unit of measure against which the price is quoted shall be millions of British thermal units and the quantity shown shall be in millions of BTUs per day.


 << File: SPOT GTC Nat Gas ENA.doc >> 

STEPS FOR APPROVAL:

click the 	START button 
select 	PROGRAMS
select 	TEST APPLICATIONS
select	ENRONONLINE CLUSTER(PROD)
	PROCEED WITH USUAL LOGIN/PASSWORD 
click the	Enron Online Production Cluster "START" button  
select	EnronOnLine (this is the EOL Datamanager)
	PROCEED WITH EOL LOGIN/PASSWORD
click on the "+" for EnronOnLine
click on the "+" for Product Types
click on the "+" for "Awaiting Approval" (OR  "Partially Approved")
select the product requiring review as stated in e-mail above
Right "mouse" click on "properties" to view product set-up 
TO APPROVE:  Right mouse click on "Approved"

CW
3-7533