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Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: quoted-printable X-From: Sanders, Richard B. </O=ENRON/OU=NA/CN=RECIPIENTS/CN=RSANDER< X-To: Brownfeld, Gail </O=ENRON/OU=NA/CN=RECIPIENTS/CN=Gbrownf< X-cc: X-bcc: X-Folder: \RSANDER (Non-Privileged)\Sanders, Richard B.\Sent Items X-Origin: Sanders-R X-FileName: RSANDER (Non-Privileged).pst This is now yours -----Original Message----- From: =09Erwin, Kenton =20 Sent:=09Tuesday, November 13, 2001 1:52 PM To:=09Sharp, Vicki Cc:=09Tweed, Sheila; Erwin, Kenton; Sanders, Richard B. Subject:=09More information re the claim of Texas-Ohio Energy, Inc. against= EES Vicki, a few weeks ago a friend of mine, Steve Greenwald (a partner in Davi= s Wright Tremaine's San Francisco office), called to tell me that one of hi= s clients, Texas-Ohio Energy, Inc., had entered into an agreement with an E= nron entity, and was claiming that Enron had breached that agreement. This= client is allegedly preparing to file a petition against us. Steve told h= is client that DWT could not represent Texas-Ohio in litigation against Enr= on, and Steve asked me to try to find out what agreement his client might b= e talking about (at that time, Steve did not have a copy of the agreement).= Steve asked his client to produce the agreement, and at the same we check= ed throughout Enron for the agreement (Vicki, you checked around and couldn= 't find any agreement between EES and Texas-Ohio). We weren't even sure wh= ich Enron entity was involved. We did kick around my proposal that Steve m= ight be able to serve as a mediator between Texas-Ohio and Enron, to attemp= t to settle the dispute without litigation. Now we have the agreement, and it is with EES. I will send it to you when = I get a good-quality copy (which is being sent to me today). From my almos= t-illegible faxed copy, It is a Client Commission Agreement between EES and= Texas-Ohio, Inc., dated October 13, 2000. Timonthy J. Hamilton signed as = Attorney-in-Fact for EES; there are no lawyers' initials on the execution b= lock. Texas-Ohio is entitled to recommend to EES prospective commercial an= d industrial customers served by SoCal, SDG&E, SWG (Southwest Gas), and PG&= E. If EES enters into an agreement with any such identified customers, Tex= as-Ohio earns a commission. There are provisions concerning price quoting = and commission calculation; I'm sure you are familiar with those. I am not familiar with this agreement or the extent of its use, and I do no= t yet know the nature of Texas-Ohio's claim, although I would suspect it is= for non-payment of commissions allegedly due. I will forward the agreemen= t to you, and I'll stand by to help on this, should you want me to. And S= teve Greenwald would be happy to try to broker a peace, if that offer becom= es attractive (I'd be happy to introduce you to him, or to work with him, a= s you wish). Sheila, this is FYI so that you'll know what's happened on this matter. It= 's been a while since we discussed it. Richard, this is FYI also, inasmuch= as this could lead to litigation. Thank you,=20 Kenton
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