Enron Mail

From:wmontjoy@brunini.com
To:kay.mann@enron.com
Subject:Re: Joint agency as reseller of power
Cc:
Bcc:
Date:Wed, 6 Jun 2001 09:01:00 -0700 (PDT)

the first part of Sec.77-5-725(u) supports your statement ("to purchase...on
behalf of its members"). To me, that might support buying as agent in a way
that the action of MDEA would be a binding commitment of CPU. However, the
second clause ("and to sell the same to its members") would seem to go the
other way.

Also note subsections o, p and q.

Under municipal law in Miss. there is the concept that a public body may not
"delegate" its statutory functions to others. I know you can't do it when
it's a discretionary public function being delegated to a non-public entity.
I'm not so sure about one public body delegating to another. I'd like to hear
from David Hunt on this.

<<< <Kay.Mann@enron.com< 06/06/01 03:42PM <<<

Would you read that to mean the authority to buy power "as agent for" the
Cities? Seems not entirely clear but not entirely out of the question.

Kay