Enron Mail

From:susan.mara@enron.com
To:alan.comnes@enron.com, angela.schwarz@enron.com, beverly.aden@enron.com,bill.votaw@enron.com, brenda.barreda@enron.com, carol.moffett@enron.com, cathy.corbin@enron.com, chris.foster@enron.com, christina.liscano@enron.com, christopher.calger@enron.co
Subject:Update -- Third Session -- Day 2 - TREASURY TAKES OVER FOR FERC
Cc:
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Date:Wed, 10 Jan 2001 14:31:00 -0800 (PST)

High-level meetings took place between officials of the Clinto
Administration, Governor Davis and other parties on Tuesday night (Ken Lay
and Rick Shapiro attended for Enron). The parties agreed to continue the CA
talks at Treasury and to suspend the FERC process. The FERC chief judge and
FERC staff attended the meetings at Treasury on Wednesday. The Tuesday
meeting is called the meeting of "principals."

Apparent Process
Tuesday meeting gave two assignments to us.
(1) Develop framework for auction for long-term contracts and resolving QF
issues
(2) Develop framework for dealing with utility debt, including supplier
"forbearance"

Long-term contracts--Attended by Sue Mara
-- After much debate, divided into three subgroups:
(a) Timeline/Implementation
(b) Utility Needs/Product definition/RFP development
© Standard Contract Development
-- Timeline -- I was the lead and we completed our assignment. We agreed on
an aggressive schedule with power flowing by 2/1/01. The process is set up
for DWR, working with a consultant. It's an RFP rather than an auction
process. The idea of a mock auction was rejected.
-- Product definition -- Much work needed here. Major issue set forth
below.
-- Contract -- Most parties (including Enron) want to use the EEI standard
contract. Group working on additional provisions. Plan final contract by
Friday.
Utility Debt -- Attended by Sarah Novosel
-- Report later

Major Issues from Long-Term Contracts

NEW MAJOR ISSUE: Utilities revealed late on Wednesday that they want the
State to assume the role of their portfolio manager and claimed that this had
been their idea all along. In their view, the utilities provide a forecast
and the State takes on the entire risk of meeting the unmet load of the
utilities. They were unwilling to commit to any time frame.
Kind of Auction or RFP -- a.k.a What does the Governor really want? Many
people in the room believe that the Governor was firm in his demand for 5.5
cent power for ALL the unmet load of the utilities. We spent four hours
debating these issues. In the end, the parties felt that the best approach
would be to have simulataneous auctions as follows:
-- Separate bids for NP 15 and SP 15
-- RFP 1 -- Suppliers submit bids for more than one product with a blended
price of 5.5 cents.
-- RFP 2 -- (Considered closest to the Gov's proposal) State sets price of
5.5 cents and suppliers compete on term and volume.
--RFP3 -- Suppliers provide bids for any of the utilities' product needs and
are free to bid any price, volume or term.
-- All RFPs would be conducted simultaneously. Parties agree that RFP3 is
most likely to get the
greatest number of bids.

Next Steps
Meetings continue on Thursday
Plan is to have final documents ready for the next meeting of the principals
Principals tentatively set to meet on Friday or Saturday.