postbot/aeslc_kw huggingface dataset:
Subject: FuelCell contract questions

Hi Scott,  I have some questions:  The obligation to try to improve performance  about the specific performance  (ie minimum) standards frequently has a time limit, say 6 months.
Do you  have a sense for the appropriate time period here?
Would it make sense to  require them to work longer on the first 2.0 and 2.4 than the rest?
Will we have a drawing number for a standard foundation design, or will we  need to put words around it.
I know we discussed the need for pilings as the  most significant change.
Do you think that this difference is enough?
Did I  understand that we want them to pay us at the end for non-standard  foundations (as opposed to a credit).
Subject: FuelCell peformance levels

More questions:  We have two different levels of guarantee values.
We have the specific  performance levels, which if not met can result in termination, etc.
This  includes emissions, electrical output, heat rate, water (consumption and  discharge).
Will all of these have  more stringent guaranteed levels that  FCE will have to work to try to fix?
I'm assuming there are no sound  issues.
Thanks again,
Subject: Tips for seniors to avoid medicaid draining your assets - from the  Today Show

Here's what they suggested (yes I'm working, I can do two things at once)  There is a rule of halves - you can give half to your kids, you get medicaid  when the retained half runs out.
There is probably a time period you can do this.
Kay
Subject: First revision

Here's a redline against our previous draft.
There are lots of holes, in  large part due to the significant commercial issues still open and some of  FCE's input due on the language to be used.
I'm also not finished with the  project management/scheduling stuff, but I wanted you to get a chance to look  at it forthwith.
Scott, I've printed off your emails and will incorporate your input.
I don't know when we want to give FuelCells a draft, but I'm going to keep  working on this one.
Kay
Subject: FCE contract

Sc ott,  I'm planning on taking your emails and revising the current draft to create a  new one.
Your points were very well thought out, so I would like to have the  day to get a new draft.
It looks like I will be at home tomorrow since I'm  still not feeling well, but I certainly feel well enough to work on the  contract.
Perhaps we will get some input from our team in Conn. gang by noon.
How does this sound?
Stephen,  Feel free to weigh in with any comments/suggestions.
Your  input is welcome.
Kay  PS I can now print at home.
Subject: ABB Transformer Purchase and Sale Agreement

Hi Dale,  I thought I'd send this along.
It is the first draft of the "break out"  contract for the ABB transformers which go with the LM's.
I thought Sheila  told me that your stuff is in immediate need to getting this and the LM break  out in shape.
This has not been reviewed with ABB yet (in fact, I haven't  read it yet), but just in case you want to give it a look, I thought I would  pass it along.
Kay
Subject: Michael

Michael probably won't be at school tomorrow, unless he really perks up  quickly.
However, I was thinking of bringing him up there to get his picture  taken, if he feels up to it.
Do you think there would be a problem with  that?
Any idea when and where I should take him?
Thanks!
Subject: Michael

Charlotte,  Michael hasn't bounced back yet - still getting fever up to 102.
I spoke  with Delores, and she said Rey said that Michael had a pretty good dose of  strep, so it will take 6 doses of medicine to get it under control.
I'll see  how he is in the early am, but I may not take him to school, just so I can  watch him another few hours.
If you will be at your office tomorrow I'll let  you know how he's doing.
Maybe I can leave on Saturday.
I know he will be  very upset if he doesn't get to spend time with you this weekend.
Kay
Subject: FuelCell Contract

Here's today's version.
Michael is still running a fairly high fever, so it would be a big help if we  can talk via phone.
Kay
Subject: Sing!

Dear Mr. Schrum,  I attended Sing!
last night to watch and support my daughter perform with her  Tri Delta friends.
I enjoyed the performances of the various groups, which  were within the bounds of what I expected.
Unfortunately, I am not writing  to tell you how much I enjoyed it.
I'm writing  you to encourage the administration to not take lightly the  indecent exposure incident which occured in the second act.
The act was  beyond offensive, it was criminal, especially in light of the young children  present.
During the first act, I was sitting on the first row, and there  were 4 young children sitting in the front.
In fact,  at the end of the  first act I had regretted that I had not brought Paige's six year old brother  to watch her perform.
I cannot tell you how glad I am that I did not bring  Michael.
Even I was offended, and I'm a forty-two year old lawyer (we don't  offend easily) who was in a sorority at UT.
I was glad I had moved back at  intermission to sit with my daughter for the second act.
Again, I urge you to not view this as an act of youthful indiscretion.
It was  offensive to the individuals present, and degrading to a fine university  which prides itself on "encouraging contributions toward the well-being of  humanity".
My husband, Neil, who was a Pike at SU in the seventies, joins me  in this request.
Thank you,
Subject: VEPCO

Hi Nancy,  It seems we may be scheduling a meeting with VEPCO to discuss the PPA.
July  20th is the current date being discussed.
I don't know how we want to staff  the meeting yet, but I do want to check your availability.
How does that date  look for you?
Thanks,
Subject: GE Contract

Gentlemen:  Attached is a draft of the facility agreement, without reference to WestLB.
It just came in, so I haven't reviewed it.
It looks like 330 tomorrow will work for this group, unless you tell me  otherwise.
I'll get back to you with the location.
Kay
Subject: GE Contract

Hi Dale,  We are meeting with GE tomorrow to talk about this.
Please let me know if  you have any suggestions or comments.
Ditto on the ABB agreement which I  forwarded not too long ago.
Kay
Subject: Enron Corrected Option Letter Information for Contract Purposes  -LMSK-2001

Ben,  This email has the prices in Exhibit N of the current draft agreement.
Are  these the correct numbers?
Kathy and I discussed your comments, and she is making changes to the  contract consistent with those comments.
She is not available this  afternoon, but is free tomorrow am to discuss the contract.
Please let me  know if tomorrow am works for you.
Kay
Subject: Performanc stuff for you to read and comment on

ARTICLE X.
PERFORMANCE GUARANTEES AND ACCEPTANCE    =20 10.1   Performance Guarantees.
Seller guarantees that each Unit will meet t= he=20 Performance Standards for Electrical Output, Efficiency, Water Consumption,= =20 Noise and Emissions as set forth in Section 10.2, when Performance Tests ar= e=20 conducted in accordance with the Performance Test Procedures.
10.2  Performance Standards.
Each Unit shall meet Performance Standards as= =20 described in this Article and as set forth in the following table below in= =20 order to achieve Acceptance:  =092MW Power Plants=092.4MW Power Plants=093.0 MW Power Plants Electrical Output, kW=092000 kW=092400 kW=09 Heat Rate (LVH)=0948%=0948%=09 Water Consumption=09600 gal/h=09620 gal/h=09 Sound level=0965 dB(A) at 100 feet=0965 dB(A) at 100 feet=09 Emissions=09=09=09 Nox=09<1 ppmv=09<1 ppmv=09 SOx=09<0.1 ppmv=09<0.1 ppmv=09 CO=09<20 ppmv=09<20 ppmv=09 VOC=09<20 ppmv=09<20 ppmv=09 Particulates=09<100 mg/m3=09<100 mg/m3=09   10.2.1   Heat Rate Guarantee.
Seller guarantees that the Heat Rate as=20 measured for each of the Units=20 as demonstrated during the Performance Test, shall be __BTU/kWh.
In the eve=
Subject: Revised draft

I need to do the unthinkable and read something else for a little while, so I  thought I would send this to you as is.
Let me know if you want it redlined  against something, and if so, which version.
Kay
Subject: FuelCell offering

Hi there.
Hope all is well.
FuelCell files $250 million offering      By Matt Andrejczak, CBS.MarketWatch.com Last Update: 4:50 PM ET Nov 1, 2000  NewsWatch Latest headlines  WASHINGTON (CBS.MW) -- FuelCell Energy filed a shelf registration with the
Subject: ABB Agreement for Review

Gentlemen,  I've made some changes to the assignment language of the ABB contract.
The  language is not identical to the LM 6000 language, but is substantially the  same, and in some respects better.
Please let me know if you have any  substantive comments:    I am also attaching the current draft of the contract.
It is being revised  to incorporate delivery dates and to clarify the scope to include  installation obligations of ABB (haul and install).
Also, in the fourth line  of the first paragraph, the word "Purchaser" will be added to the  parenthetical, after "WestLB".
Any other changes should be very minor or  technical.
We are trying to get this finished this week.
Please let me know if you have  any questions or comments.
Kay
Subject: Rev next of purchase agreement

Hi there,  I'm attaching the latest version of the purchase agreement.
I will prepare a  compared version in the am if you will tell me which version you want it  compared against.
Talk to you soon,  Kay
Subject: Signing on

Greetings,  Ok, I know I must be doing something wrong.
I either get a "wrong SAP  number", or I end up on the HRonline website, with no Clickathomepilot  options.
I'm using my HRonline password.
Any suggestions?
Thanks,
Subject: Update on GE facility agreement for LM's

I just completed a lengthy call with A & K concerning the form facility  agreement.
A revised draft should be out mid-day today.
I have once again called ABB, but haven't heard back from them yet.
Kay
Subject: Ennervate

Gregg,  Joel is a lawyer with Global Finance.
Since Corp will be loaning the money,  I contacted that legal group to get their buy in (they are Sarah's lawyers,  so to speak).
Anyway, I thought the change of name from enovate to enervate  is priceless.
Enervate= to weaken or destroy the strength or vitality of...
Strange choice for a company name!!!
Kay
Subject: Another redline

Scott,  I ran a redline comparing the version we sent last Thursday and their new  clean draft.
It shows a different number of changes.
Here's the Enron  redline:    Too much paper!
Kay
Subject: FCEL consent to disclosure letter

Please print the attached on letterhead.
I'm leaving for Connecticut shortly, and will be back in the office on  Thursday (or so I exepct).
Please handle the following  Call David Runnels at A & K and tell him thanks, but I can't use the opera  tickets this weekend.
Cancel my RSVP for Carrin Patman's lunch tomorrow.
Thanks,
Subject: VEPCO land option agreement

I'm attaching a revised draft of the option to purchase the land for the  VEPCO deal.
I've limited it to the land in Edgecombe County, changed the  initial period to 90 days (with 3 x 90 day renewals).
The price is changed  to $137,600, as have the option payments ($3500 for each 90 day period).
Is  there anything else which needs to be changed?
FYI, I've left a message for Dutch Bumgarnder, VEPCO's lawyer, concerning the  interconnection agreement, and who is doing what.
Thanks,
Subject: Opportunities at ENA

Jeff,  I don't know if our group needs anyone, but I wanted to pass this resume  along.
I worked with Carlos when I was at EECC, and I rate him highly.
He'll take on anything, has good people skills, works hard, and has a varied  transactional background.
As an added bonus, he is fluent in Spanish.
EECC is being plopped into EES, and Carlos would prefer to make the move to  ENA (or EA, whatever we are called).
He discussed this with Vicky, so she is  aware that he is checking out opportunities here.
Thanks,
Subject: GE CONFERENCE CALL FOR NOVEMBER 10, 2000

Hi Guys,  We don't expect to deal with the facility agreement until around 130, so  there isn't a need for Lee to listen to the rest unless he wants to.
Lee,  you are more than welcome to come in person, in which case I can give you  some exectued change orders.
Kay
Subject: SWPC Agreement for Gleason

As usual, the lawyers are the last to know.
Stuart is working on a transaction to sell the asset (Gleason), and therefore  this ageement needs to be documented asap, which means in the next few days.
Please review the attached and give me a call.
Thanks,
Subject: Transformers for LM's

Hi Mike,  Since we haven't had any luck hooking up on the telephone, I wanted to  transmit to you an initial draft of a facility agreement, as contemplated by  the contract for the transformer packages for the LM's.
I would have sent  this to Dave, but I don't seem to have his email address.
Since the WestLB financing facility is scheduled to expire soon, we need to  get the transformers transferred into our new facility, as well as get them  contractually allocated to various projects.
Please give me a call or have  Dave call me so that we can handle this as expeditiously as possible.
Thanks,
Subject: GE break out contract

We had a very good work session with GE today to iron out the details of the  break out contract.
We expect to have a draft on Monday, which should be  close to final as far as the form goes.
I have also asked A & K to prepare a  memo outlining what will need to be done on a project basis to complete the  document.
Please let me know if you have any questions.
Kay
Subject: Status

Barbara has asked that I submit a weekly report about what I'm working on.
I  haven't had time to fix up anything pretty, but I'll give you the big ticket  items:  Fuel Cell Energy/CRRA transaction.
Enron owns equity and holds warrants for  Fuel Cell stock.
We need to sell 55 mw of fuel cells in order to get the  benefit of the warrants.
The commercial team is  working on a deal to place  50 mw with the Connecticut Resource Recovery Authority, a state agency.
I  have been working feverishly on the equipment contract, and we recently  completed the LOI with CRRA.
We need to move to more definitive docs with  CRRA, and the structuring isn't complete.
The decision about whether the  state will fund the project is expected in December.
This deal is likely to  continue to take up a large amount of  my time, and requires a fair amount of  travel, as I am involved in direct negotiations.
This transaction is on Dave  D and Janet D's radar screen, and  Mark is familiar with it.
The potential  upside (in a perfect world), is rumored to be in the nine figure range.
Turbopark.
Turbopark is the latest financing vehicle for power projects.
Enron is moving 20+ turbines into Turbopark in the next 45 days.
This  requires a series of contracts with GE (at least 6) which I am working on.
We also have to move transformers into this facility, so I have been in  contact with ABB concerning same.
GE general.
ENA is attempting to negotiate a standard contract with GE.
I've been working with Sheila on this one.
We are committed to finish this  project by the end of this year.
Westinghouse warranty issues.
ENA has two significant disputes wiht  Westinghouse concerning a couple of turbines.
I'm riding herd on resolving  the issues.
VEPCO.
We were attempting to negotiate a PPA with Virginia Power, but ran  into some problems, so it won't close this year.
Theres' some miscellaneous  follow up work to do.
Illinois development.
I'm supporting the devolopers who are developing power  plant sites in Illinois.
Enron/Peoples joint venture.
I'm working with the Enron commercial team in  certain matters relating to getting the joint venture up and running.
This gives at least an overview of what I'm spending most of my time on.
.
Subject: CRRA Request to Reopen

Hi John,  Thanks for your call the other day.
The team is currently focused on getting  the funding approved, as you can see from the attached.
Also, we have had  some discussions with Fuel Cells about the contract to purchase the  equipment.
I expect to forward a draft to you soon for a sanity check.
It  may be a Connecticut law contract due to the State's involvement.
The next  big item will be the project development agreement.
The tax credit  monetization is still on the horizon, and if the funding approval is granted,  we will want to talk about your sense of how that might work.
Again, thanks for checking  in.
Subject: GE "Standard" Contract/off balance sheet

Greetings,  I'm working with Sheila Tweed and others at ENA and EECC in developing a more  standardized contract with GE for equipment purchases.
The goal is to  develop a more efficient contracting process, and to avoid negotiating the  same  points repeatedly, with varying results among business units.
Sheila  has suggested that I drop you a line to see if this is something you might  find interesting and/or helpful.
You now have my email address, and my phone number is 713 345 7566.
Please  let me know your thoughts about participating in the process.
Thank you,
Subject: CRRA/Fuel Cells/privileged and confidential

Hi Heather, Jeff and Ozzie,  The only issue I have with the testimony is the statement that the units are  "extremely quiet".
At this point FCE will only guaranty 60dba, which some  folks might not consider to be extremely quiet depending on how close a  facility is to their house.
You may have determined that the noise level  will be some number less than 60 dba so that the guaranty level does not  reflect the expected noise level.
Kay
Subject: ABB/GE

Gentlemen,  Things are heating up, no pun intended.
Therefore, it would be helpful if you  would prepare a closing list for the GE turbines moving out of WestLB.
I  know it is short, but I thrive on lists.
I cannot tell you how many calls I've swapped with ABB's rep about that  contract, without ever hooking up.
I see that we will be facing a fire drill  quickly in getting at least some of these transformers into the right  financing vehicle.
Therefore, please prepare a list of site specific issues  for that document as well.
Thanks,
Subject: ABB

Paul/Peter,  Me again.
I have a meeting with ABB for Thursday.
Could you make me a list  of issues like you did with the GE contract (removing the comments from the  text), and blackline the new clean "commentless" version against the original  master contract.
Thank you,
Subject: ABB to do list

Here's what I have on the open issues/ to do list:  Resolve shipping/delivery obligations in accordance with option agreement;  conform contract Confirm pricing Add schedule of delivery dates Finalize assignment language (I sent Mike an email with a question about  their request) Agree on effective date: suggest signing date be whatever it is (hope for  tomorrow) with effective date being the last day of last option Need estimated price per month to store (a request from Finance for budget  purposes) Verify sales tax exemption with WestLB (doesn't require ABB involvement, nor  does it need to be done before contract is signed) Need assignment of option (Finance to provide - no ABB action, I'll follow up)  Kathy:  do you have anything to add?
Are there any technical details left to  resolve?
Ben, anything to add?
I'll send a cleaned up version to Mike tomorrow am.
Thanks,
Subject: Monday night

Hi Charlotte,  We are going to the Astro's game tonight, so it would be very easy for one of  us (probably Neil) to pick Michael up at your place, probably after 630.
Is  that ok with you?
Thanks,
Subject: Response to most recent draft

Ross/Jackie,  Here's my list of comments to the most recent draft.
It is subject to  internal review, but this gives you an idea.
Could we have a telephone  conference to knock out as many of these as possible?
Thanks,
Subject: Gas Turbine Purchase Agreement.DOC

This is the most current clean version of the GE breakout contract.
You have  also received a list of site specific references in the contract to assist in  the preparation of the final document.
I will contact Kent Shoemaker today to see how close we are on the form.
It  is my understanding that the lawyers involved in the projects will take the  laboring oar once the form is ready to go.
I'll let you know as soon as I hear something from GE.
I am also trying to  set up a meeting with ABB today or tomorrow.
I will send you the current  version of that contract as well, although we have not had any input from ABB  on it yet.
Kay
Subject: Break contracts/Priority setting

I suggest we give GE a time line for completing each of the break out  contracts.
I'm unfamiliar with the individual project requirements, so I'm  asking  your help.
I believe City of Austin is ready to go as soon as the  form is complete, and it could be a great candidate for working on  immediately.
I know the ESA project has some time sensitivity as well.
Please let me know what you think.
Kay
Subject: ABB rev 10

Here is the most recent (and dare we hope last?)
draft of the ABB agreement.
Kathy Clark is preparing a redline for your use, and you should have it  shortly.
ABB may be insistent upon dating this June 30, but we will try the 7th with  an effective date of the 30th.
Ben advises that this is a very, very critical  point to ABB.
I have not taken ABB's comment on the assignment language, but I hope they  will accept what we've given them in this draft.
I have been advised that the price reduction is due to more definitive design  criteria being provided by Enron.
Matt Gockerman points out that their is exposure to Missouri sales tax, so we  will need WestLB's cooperation in getting the proper exemption certificate  for MO.
Have I forgotten to address any questions or comments?
Thanks,
Subject: Opportunities at ENA

I wanted to pass along the resume of Carlos Sole.
Carlos and I worked  together extensively at EECC.
The "reorganization" of EECC has him moving to  EES, but he would prefer to work here.
He recently met with V. Sharp, and  she understands that he wants to explore opportunities at EWS (I'm learning  the new nomenclature).
John Schwartzenburg understands this as well.
I can recommend Carlos as a solid, intelligent, hard working lawyer.
He's a  great guy and I believe he would fit in well here.
Thanks,
Subject: Opportunities at ENA

Hi,  Got your voice mail, and it reminded me to sent this out.
I don't know what  is up with Jeff, so why wait to send this?
Next comes Finance/M&A (Lance and Travis).
I'm having lunch with Dan today - want to join us?
We are going to Fox Diner.
Kay
Subject: GE contract for the City of Austin project

Eric,  here are some questions from Peter, the AK lawyer who is working on  the contract.
If you can respond by return email, Peter can keep this moving.
1.
Payee and Address for Invoices referenced in Section 6.7.2 of the Agreement   2.
Section 6.7.1 Agreement reference [you might see if NEPCO has a reference]   3.
For the recitals, what is the kW capacity of its plant and where is the plant located?
4.
According to the spreadsheet, the Guaranteed Delivery Dates for Units 9-11 was 10/30/00.
The Guaranteed Delivery Date for Unit 12 is 11/30/00.
Are these still the dates we are using?
5.
Please provide the serial numbers for Units 9-12 for Section 10.2.1.
6.
Please provide the names, addresses, etc.
for Sections 25.1 and 25.3    Thanks,
Subject: Facility agreements for LM's/Agency arrangement

Do the LM facility agreements for DevCo turbines need to contemplate ENA as  an agent?
Will it specifically be ENA, or an ENA subsidiary?
Thanks,
Subject: Enron Issues Letter

Hi there,  In resolving some issues with Westinghouse there was an agreement reached  concerning the disposition of the Blue Girl turbines, as well as certain  issues relating to the Gleason and Wheatland facilities.
In connection with  this agreement I am forwarding to you a draft letter agreement concerning  resolution of these matters.
As you can see, Westinghouse has requested that  NEPCO, EEPC and LJM2-Turbine, LLC sign the agreement.
Your comments would be appreciated.
Kay
Subject: City of Austin Agreement

Lisa/Rose,  Attached is the most recent draft of the facility agreement for the  LM6000's.
This version was prepared for the Austin project and therefore  lacks any DevCo specific references or requirements.
Your input as to any  lender requirements, as well as the rights and responsibilities of the agent,  would be greatly appreciated.
Thanks,