APEA Gas Sale: Force Majeure by Clark PUD

You might want to file this. Lavo
---------------------- Forwarded by John J Lavorato/Corp/Enron on 05/23/2000
06:15 PM ---------------------------

Laird Dyer
11/19/99 09:24 AM
To: Dale Rasmussen/HOU/ECT@ECT
cc: John J Lavorato/CAL/ECT@ECT, Greg F Piper/HOU/ECT@ECT, Jake
Thomas/HOU/ECT@ECT

Subject: APEA Gas Sale: Force Majeure by Clark PUD

Dale,

Further to my phone call this morning, I have contacted John Watts at Avista
requesting a copy of the Force Majeure letter they are sending to APEA. I
will forward this as soon as I receive it. The event in this case is
preventative maintenance. It appears that there are stress fractures in
certain of Clark's generation equipment. GE is installing equipment to
assess the problem. The installation and removal of this equipment will
involve an outage totaling 5 days over the next 2 weeks. The question is:
Is preventative maintenance a legitimate Force Majeure event under the
APEA/Clark contract and thus under the APEA/ENGMC contract?

Thanks for your help,

Laird