email_body: I've made a list of issues Heather and I have discussed based on VEPCO's=20 suggested revisions.
  Some of the issues are commercial, some legal, some= =20 just reminders.
  Comments are appreciated.
  1.
  Term.
  What will we accept?
  2.
  Availability:  single computation despite source of power (market or=20 facility).
  Is forced outage the correct concept since we want to have some= =20 discretion, and LD structure should apply even if power coming from the=20 market?
  Note VEPCO=01,s insertion of a new event of default under 7.1 for= =20 failure to deliver energy when the Facility is not in a forced outage.
  =20 Liquidated damages language still ok?
  LD=01,s should apply regardless of= =20 scheduled source of power =01) no cost of cover for market power.
  3.
  Our position is that Contract Capacity set at contract signing, then=20 adjusted (if necessary) based on performance tests, not subject to adjustme= nt=20 after that time: ditto for the demand charge.
  What is the right number for= =20 the Capacity?
  Is there a benefit to Enron to have a correction curve exhib= it?
  4.
  Failure to complete facility suggested as a termination event.
  Is=20 September long enough?
  5.
  We need to be able to supply from either or both sources (market and=20 facility) during a day, but this doesn=01,t give us right to change during = the=20 day after the schedule is set.
  6.
  Note the Start Up definition (as suggested by VEPCO) and how it is=20 applied.
  Reject 50% requirement at this point, subject to their explanatio= n.  7.
  Note: construction of the facility now required (2.3).=20  8.
  Define commercial operation.
  9.
  Confirm that Enron has sufficient protection from interconnection=20 failures/delays.
  10.
  Day ahead scheduling (3.4)  Are we ready to commit?
  11.
  Number of start ups.
  (2.3 e)  12.
  Force majeure =01) consistency with interconnection agreement, relief f= or=20 certain equipment failures.
  Is concept logically developed throughout the= =20 document?
  Note distinction between market and facility power in force=20 majeure language.
  13.
  Dispute resolution:  arbitration vs. litigation/venue.
  Virginia law?
  14.
  Change in law.
  Counter with CIL as termination event?
  15.
  Exhibit A =01) Heather is working on this.
  Kay
  
subject_line: VEPCO capacity contract issues
  