postbot/aeslc_kw huggingface dataset:
Subject: Pompano Beach Energy Center

Enclosed please find a draft reponse to DEP's "change of position" in the Pompano case.
Although we would normally take DEP heavily to task for its eleventh-hour change of position, and argue that the process cannot fairly proceed without additional procedural protections, I understand that keeping the trial date is our paramount concern here.
Accordingly, we have pulled our punches somewhat, and simply try to accomplish 3 things: (1) place all parties on notice that we will be advocating issuance of the original draft permit at the hearing (we can always pull back on issues that turn out to have no consequence), (2) require DEP to clearly state, for the record, exactly what textual changes to the draft permit it is advocating (we will also attempt to do this through discovery), and (3) sensitive the judge to the fact that we will likely need to expedite our discovery from DEP.
I would like to file this by mid-afternoon tomorrow (I am travelling on Wed.) and would welcome your comments at your earliest possible convenience.
Thanks!
Subject: REMINDER: Happy Hour on Friday, November 2

(UNOFFICIAL) EBS LEGAL DEPARTMENT HAPPY HOUR Please come by if you can.
Friday, November 2, 2001 5:30 p.m. 1611 Vassar St. (1)  Take Allen Parkway or West Dallas from downtown to Montrose and go left/south on Montrose.
Turn right on Richmond and go west until the traffic light at Mandell.
Turn left on Mandell; go over the overpass over US 59 to the four way stop at Vassar.
Turn right at the stop sign onto Vassar.
My house is the third house on the left.
(2)  From US 59, exit Shepherd/Greenbriar and go north on Shepherd; take a right on Richmond; go east on Richmond until the light at Dunlavy.
Take a right on Dunlavy; go over the overpass over US 59 to the four way stop at Vassar.
Turn left at the stop sign onto Vassar.
My house is on the right, towards the end of the block.
My block of Vassar is between Mandell and Dunlavy and my home number is 713-528-4127.
See you there!
Subject: Power of Attorney

Kay,  I got your voice mail and I'm glad the plant was pretty.
It is Mat Gimble's favorite florist.
Hope you are doing well, although I know what a total mental strain a parent's death can put on you.
I'm very sorry you and your family had to go through this.
I had to go to Waco yesterday for a stepbrother's funeral.
He was 47 and had a very aggressive form of cancer that began with a lump on his neck last January.
I'm very glad I went and it was one of the most positive funerals I have ever attended.
They had the burial first and a celebration of his life at the church after (lots of music as he and his family all have beautiful voices).
Attached is a Statutory Power of Attorney I got from my old law firm today (let me know if you want any changes made).
It is my favorite form because the powers are both specific and broad.
Should your mother want to limit any of the powers, she simply needs to line through them.
I will be happy to notarize her signature if you want me to.
The following is sort a "trick question" in the instrument:  CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN: (A)	This power of attorney is not affected by my subsequent disability or incapacity.
(B)	This power of attorney becomes effective upon my disability or incapacity.
YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A).
For obvious reasons, your mother should cross through (B) or not cross through either.
Subject: Payment Notice

Mike,  Pursuant to section 8(a) of the Letter Agreement, please be advised that ENA made a payment to General Electric in the amount of $386,342.00 on 10/31/2001 (fed ref # 4378).
Please note ENA has not yet received payment for $48,000 from NorthWestern for the storage invoice submitted 9/28/2001.
For your convenience, I have attached a copy of the storage invoice.
Please feel free to call if you have any questions or concerns.
Regards,
Subject: You are enrolled.

Dear CYNTHIA,   Congratulations!
You have been successfully enrolled in the course 'Basics of Risk Management'.
Course details are provided below:   Course Type     : Instructor Led Course Course Code     : RISK100   Session Code    : 111501 Number of Units : 12 Price           : $600.00   Location        : EB552                   Enron Building                   1400 Smith                   Houston                    Meetings        :       Start Time:  Nov 15, 2001 8:00 AM         End Time:  Nov 16, 2001 12:00 PM      No instructors or rooms have been assigned to this meeting.
You will receive a reminder before the session starts.
Thank you.
Subject: Storage Invoices

Jeff,  I received an invoice for storage for the month of November, but would request that this invoice and future invoices for storage instead be sent to NorthWestern.
Under the terms of the assignment, NorthWestern has the obligation for storage charges from October forward.
I know this might be a little confusing since Enron has the ongoing payment obligations for the original purchase contract and the first two change orders.
Please feel free to call if you need to discuss this matter further.
Regards,
Subject: Draft Contract for Plant Protection Service Houston to New Orleans  (Jode Corp)

Kay,  Here is the draft form of the contract I spoke to you about on Friday.
I've also sent this to the contract administrative group.
If this draft is ok to use, I believe the only thing we have to add to this is the 'PSA'.
We could consider this document as our 'Scope of Work' or 'Statement of Work'.
I'll be out of the office on Monday, however you can reach me by cell, 713-516-7582  or tex pager 888-662-8505.
Thanks,
Subject: Jode Corp Draft

Kay,  I left out the following:  EBS may terminate this Agreement upon sixty days prior written notice to Jode Corp of such termination.
Jode Corp may terminate this Agreement upon one hundred twenty (120) days prior written notice to EBS of such termination.
Promptly after such termination by EBS, EBS will pay Jode Corp in full satisfaction and discharge of all liabilities and obligations owed to Jode Corp, all fees owed for Services pursuant to schedule of payment and a prorated portion of the monthly amount pursuant to schedule of payment.
Subject: Pompano

In light of Kay's comments of last evening and our conference call of this afternoon, a revised version of the response to DEP's notice of change is enclosed.
Please let me have your comments ASAP, as it is important that we file this response today if at all possible.
Thanks!
Subject: DEP Air Permits-Conversation w/  Martha Nebelsiek re Consolidation  & Related Matters

Kay, Steve, Ben and Ryan,        I spoke with Martha today on the subject referred to above and she advised me of the following :         1.
DEP is not contemplating a single, consolidated permit but an air permit  for each of the Pompano Beach and Deerfield Beach facilities.
2.
The petitioning local governments have no objection to the consolidation proposed by DEP (no surprises there).
3.
Martha wants our input as to which ALJ we would prefer to hear the case should DEP's request for consolidation be granted.
(  The upside to suggesting Judge Alexander is that we know that he have already reserved his time for a 4-day hearing in January.
Otherwise, we might choose Judge Stampelos based upon the prior comments that we have received from our Tallahassee attorneys, although both Judges were considered to be good.).
4.
Martha indicated previously that she is looking for a hearing in January, depending upon which ALJ hears the case and his particular schedule.
5.
Martha advised me that she will file her request for consolidation late tomorrow afternoon.
I told her, as we discussed in our conference call, that if she does not hear from me to the contrary, then we oppose the consolidation at this time.
6.
Martha agreed to provide us with the permit language that DEP is proposing in connection with its Notice of Change of Agency Position  on the Pompano Beach proceeding as soon as Al Linero completes the drafting and she reviews the proposed permit conditions with him.
Martha expects to provide us with the proposed permit language next  Monday or Tuesday.
7.
The petitioning local governments have served DEP with discovery.
I have yet to receive a copy of the discovery but Martha intends to meet with Al Linero this Friday to discuss  DEP's response.
Based upon the foregoing, please advise me if you want me to convey any further message to Martha prior to her filing of the motion for consolidation tomorrow afternoon.
Specifically, I am interested in your thoughts on our preference on the Judge that will hear the proceeding, if consolidated, and whether we have any objection to DEP's filing the motion for consolidation in which she will note our objection.
As we discussed in our conference call, we can assert our position more fully in a subsequent response to the motion for consolidation and can withdraw our objection if we change our mind.
Thanks !
Kerri
Subject: GE and NorthWestern

Kay,  I just received a call from GE (Jeff Darst and Steve Swift) in which they said that NorthWestern was asking for GE to sign documents that would enable NorthWestern to buy out Enron remaining interest in the LLC.
I am unaware of any discussions with NorthWestern with regards to this.
Please give me a call, and be advised that Jeff and Steve are going to call you.
Thanks,
Subject: Thursday

Ok, I've changed your expenses account and am into your calendar, etc.
Do you just use your cell phone now.
You don't have a pager any more right?
Blackberry?
Just updating my information.
Still married to Neil????
Just kidding~~~~~
Subject: Pompano Beach and Deerfield Beach

Just a quick reminder:  we need to finalize our position in response to DEP's now-filed motion to consolidate the two proceedings.
Also, I need to speak with Dave and Scott Osbourn this week so that we can formulate our interrogatory responses, which I need to serve on Friday evening.
Many thanks!
Ryan
Subject: Comments needed:  Joyce James (111601) Wright

Your comments are needed for Joyce James  who sat in for Alice Wright.
Please return as soon as possible.
Thank you!-Becky 		 	Excellent = 5       Above Average = 4      Average = 3            Below Average = 2            Poor = 1  	Initiative  	Cooperation  	Punctuality  	Attendance  	Quality of Work  	Would you request this person again Y/N?
Comments
Subject: Dynegy CA

Kay,  Attached is a draft of the Dynegy CA (bilateral).
The only executed bilateral CA we have in place with Dynegy is one prepared on their form.
I have not reviewed it, just talked to Kay Young.
Subject: Pompano/Interrogatory Answers

Kay, Received the signature page by Fed-Ex today.
It will be served/filed by mail first thing tomorrow.
(As I suspected, the fax version went to a satellite machine upstairs and has also been located).
Ryan
Subject: ENEL Rio Bravo IV Fuel Supply Proposal

Julie,  Attached is ENA's proposal addressing the commercial terms to supply gas to the Rio Bravo IV power plant.
We are looking forward to discussing this in more detail during our conference call this afternoon.
Please provide your fax number and I will send/fax a signed proposal to your attention, ASAP.
Subject: Hope You're OK

Just wanted to let you know I'm thinking about you.
Wishing you the best.
Please keep in touch and let me know how you're doing.
Subject: World Hunger Agreement and Exhibits

In response to your request, attached please find the last copies (7/20/01) of the World Hunger Form Agreement and the Exhibits.
I do not know if these documents were ever approved by the "businesses".
However, the forms did serve as the basis for Longview.
<<World Hunger Exhibits.DOC>>  <<GE Agreement - Version 11.DOC>>
Subject: Power Trading Group Meeting MOVED

Good morning,  The 10:00 a.m. Power Trading Group Meeting is being rescheduled for 2:00 p.m. today in EB3872.
Please plan to attend and we apologize for any inconvenience.
Thanks.
Subject: Deerfield Guarantee

Bart:  This is Fred.
I am working on Kathleen's computer to facilitate easy Livelink access.
It appears that an Unconditional Guarantee Agreement was executed between the City of Deerfield and DBEC, L.L.C.
prior to the execution of the Agreement Related to The Use and Development of Real Property (dated June 29, 2001).
We do not have a copy of the executed version of the Guarantee Agreement, but Greenberg & Traurig should have one.
The Guarantee Agreement obligates DBEC to make a non-refundable payment on or before 9/30/01 (this payment was made) and a second payment of $1,000,000 "subsequent to DBEC's application but prior to its receipt of the first building permit or engineering work permit for the Facility".
Kay has more detailed knowledge of this Guarantee and other Deerfield and Pompano documents through her role in the development of these projects.
Please call her for specific information on project Agreements.
Call Kathleen or I if we can help in this process.
Fred
Subject: Investment Company Act

Kay,  This is the language generally offered by Mr. Derrick with respect to the '40 Act.
Please call if you have any questions.
Enron is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Clem
Subject: Met Land Development Company, LLC

FYI -   Met Land Development Company, LLC, a Delaware limited liability company (owned 100% by Enron North America Corp) was a shelf company we initially formed for a potential project in New York.
This entity is now being used in connection with owning the Siemens Westinghouse 501D5A.
Kathleen
Subject: Schaeffer Property - Livingston County, Illinois

Hi Guys,  Enron policy requires that the assignment of tasks to outside counsel go  through (or at least be coordinated with) the legal department.
In the  future, please let me know what you need so that there can be some order to  the process.
Did the Fehrs and Ledfords sign the option agreements?
Thank you,
Subject: VEPCO PPA

Hi Nancy,  Lisa Mellencamp's time is being consumed by a special project, so I'm working  on this PPA.
Could you give me a call at your convenience?
Thanks,
Subject: Change order #3/ESA

Attached is the most recent draft I have of the change order for the ESA  stuff.
I think we need to add the info on drawing numbers and delivery dates  for the options, much like we did on change order #2.
Please let me know what you think.
Kay
Subject: Travel plans

I am scheduled to be in NYC and Danbury, Connecticut as of tomorrow  afternoon, through the remainder of the week.
I'm assisting with the  negotiation of a contract for the purchase of fuel cells.
This is a Jeff  Ader/Ozzie Pagan/Heather Kroll deal.
Don't know if you guys like to keep up with such things, but I'm glad to keep  you informed.
Kay
Subject: Option Agreement and Easement

This was sent to me by one of the developers.
I believe it relates to an  expansion (or new interconnection) of the Caledonia facility.
I don't know  which lawyer has been working on it, so I'm sending it around to see if  anyone claims it.
Chris thought that someone from Power Trading may have been  working on it.
Kay
Subject: Internal meeting re: GE issues

How about 10:00am on Thursday to discuss GE and how to end world hunger?
Please let me know if this works for you, and I'll get us a conference room.
Nominations for other participants would be welcome.
Thanks,
Subject: Signature authority

Deb,  Let's go ahead with POA's for Ben F. Jacoby for ENA, Tarheel Land  Development, Edgecombe Development, and Titan Land Development in accordance  with Janet's request and ENA standard practice.
Deb, I have the impression  that this is something you typically handle, although I'm glad to volunteer  Kathleen for the task if that would help.
There will be other companies, but we can add these as we go.
Kathleen,  please advise if there are any which you see as most active at this time.
For  instance, what are the names of the Florida development companies?
Your assistance is greatly appreciated, as Janet is eager to get this done.
Thanks,
Subject: Phone call

Please call Bruce Silvers with Bingham & Dana in Hartford, Conn, and tell him  my trip has  rescheduled.
Please see if he is available to meet on Monday  afternoon, preferably in New York (although I'll confirm later).
I think it  might be helpful if Nick Palatin was available as well.
Thanks,
Subject: Ledford and Fehr Option Agreements

Stuart,  Kay's venting for the day:  Is it nitpicking to expect outside counsel to (1) make sure the option  agreement is signed AND acknowledged (2) ascertain whether the thing has the  dates filled in, and (3) makes sure that the legal description is included?
Ok, maybe I'm whining, but I think Mark should know that we are having  problems.
Have you mentioned anything to him?
Kay
Subject: Form Contract, Rev Minus 1

Per your request.
Is the contract supposed to be an off balance sheet contract?
I'm supposed  to be working on the changes necessary to make this one 97-10 compliant, but  I haven't done it yet.
Maybe you will beat me to it, which is fine by me.
Kay
Subject: Change order #2,

Lee,  Here's a revised draft incorporating your two suggestions:    I've forwarded what I have on the CO (#3) for South America to their lawyer,  so I hope it will be wrapped up soon.
I've seen reference to the Pleasanton CO, and I know it is in the works as  well.
It is percolating through the system.
Do you have the electronic file for the LV CoGen change order (#4), extending  the delivery dates?
I'll be in on Monday, although I have a heavy conference call schedule.
I'll  be easiest to catch towards the end of the day.
Kay
Subject: VEPCO PPA

Nancy,  Here are some come comments to the draft PPA:  As a general note, we would have these goals:  1.
Keep the PPA has streamlined as possible, putting as much as we can in  the interconnection agreement.
2.
Minimize ties to specific unit.
3.
Maximize optionality, especially delivery points.
4.
Keep construction/ownership of the facility off the balance sheet.
5.
Signing the interconnection agreement must be simultaneous, or a CP.
More specifically we would like to:  Move start up/metering terms to interconnection agreement.
Megawatts will probably change due to change in equipment.
Bracket 192 for  now.
The capacity will change for summer and winter, also, specifics to be  determined.
Make sure we are protected from any liability caused by their delay.
Comments on specific articles: Definition of emergency start up will belong in interconnection agreement.
2.2  Expiration is Dec. 31, 2004; move  bracketed language into interconnect.
2.3  We need an out in case we don't commence construction/achieve commercial  operation as a result of Buyer's action/inaction, and the term "breach"  should include failure to timely perform any of buyer's obligations under any  of the agreements.
Any reason why we shouldn't want an extension if there is  a delay due to action/inaction of any governmental authority?
We can add  change of law as an event which gives us schedule relief, but we might want  to broaden the definition of change of law.
Also, we don't have the site  acquired yet, so we may need an out in case we encounter a problem, unless we  will not sign this agreement before acquiring the site.
3.4  Peak period is July and August.
3.5 (b) Amount left over will depend on the summer and winter capacity.
Might just leave blanks as placeholders.
3.5 (c) Let's try for 4 hours notice.
3.5 (d) suggest title "Start-Up Minimum Run Time".
3.5 (e)  add maximum of ___ per year.
Subject: equipment option

Hi Bart,  I think this is at least close to the final draft.
It ain't pretty but it  seemed to work.
You won't hurt my feelings if you make massive revisions, so  long as I get a copy of the new-and-improved version.
Kay
Subject: Facility Agreement

Hi Kent,  I was wondering if we could schedule a conference call to discuss the form of  these agreements.
Are you available any time soon?
Thanks,
Subject: CRRA LOI

Hi guys,  In looking at CRRA's comments to the draft LOI.
I have these questions:  1.
I'm not sure what we mean by EPC contract.
Is this referring to the Fuel  Cell document we are working now, or is there to be another layer?
I know  this may depend on whether CRRA or someone else is doing the balance of the  construction activities.
2.
He expects one EPC contract, and we had tried to leave room for multiple  contracts.
Does anyone care?
3.
Does CRRA get a full refund of the purchase price if the fuel cells fail  the performance tests?
We have discussed with FCE the concept of a  proportional reduction if the performance is within 10 percent, then a full  reduction as to the failing unit(s) only.
Also, are we planning to mark up  the fuel cell contract to recover our fee?
Is our fee at risk for the fuel  cells failing to perform?
Thanks,
Subject: enovate update

Barbara, here is the document I discussed concerning some of the Chicago  stuff.
Jeff, I don't know if you have received this from Gregg all ready.
Kay
Subject: Affiliate Master Purchase and Sale Agreement

Suzanne, please forward this to Jeff.
My email is acting up again.
Hi Jeff,  I thought I would pass this email along to you since you've been working on  some of the aspects of the Peoples deal.
I don't want to interfer with  whatever you have going on, but I'm happy to assist/participate in whatever  way makes sense.
Kay
Subject: Fuel Cell Meeting

Heather,   Could we handle the CRRA LOI at the same time?
It would help me get finished  with the FCE doc.
I'm sure you saw that GE and Honeywell are merging.
I wonder if that makes  ONSI a part of GE?
Does GE have a fuel cell product yet?
It would explain  the statement in the Journal that headquarters would not be in NJ or  Connecticut.
Kay
Subject: Conference Call re Hub Agency Agreement

Is everyone available for a brief conference call at 830 Tuesday morning?
Please let me know if you aren't available.
Dial in instructions will be  forthcoming.
Thanks,
Subject: Chicago counsel

In a recent discussion with Mark H, he suggested that I consult you two  gentlemen about outside counsel in Chicago to support our efforts with  Peoples.
It would be beneficial to have a firm on board with some trading  expertise, as well as more generalized transactional experience.
Gas would  be a plus.
I've used Jones, Day  (good job on regulatory issues), and Piper Rudnick (bad  experience).
Any suggestions?
Thanks,
Subject: Draft CA for curves

Kathleen,  We have forms for confidentiality agreements.
All CA's are processed through  Kay Young, as she maintains the data base.
Kay, could you point Kathleen to  the repository of the forms so that she can generate the first draft?
By the  way, I've assembled the emails I received on changing the form.
I'll be  happy to take a crack at the revisions if you tell me which form to start  with.
I know it will have to be processed through before it becomes standard.
Thanks,
Subject: CRRA LOU

Please prepare a fed ex package to go out tonight, as described below.
Also,  please prepare a transmittal letter to Heather for me to sign.
Thanks,
Subject: WestLB

To all,  As you know, Enron is refinancing the equipment we bought through WestLB.
I've been asked to compile a list of all the equipment purchased through  WestLB, and the change orders related to same.
All I know about is the LM  deal with GE (with 1 executed change order, approximately 4 or 5 pending) and  the ABB transformer deal (with one CO pending).
Please let me know if you  are aware of any others.
Thanks,
Subject: Phone call

Hi Kathy,  I know I owe you a phone call.
I'm home with a sick kid today.
Please email  me your number and I'll give you a call.
I can't believe I've forgotten it.
So how are you doing with the EECC changes?
Kay