IN: John, Do you think you we be able to submit a quote for the facility behind COH 5-2 and/or the facility behind COH 7-3. I am hoping to have all responses in by tomorrow morning and then, make a decision. I hope to hear from you soon. Also, if you did not receive the load profiles on these two facilities, I have attached them below. Reminder: They are looking for firm supply to the gate at a NYMEX based price. Thanks,

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OUT: COH 5-2 and COH 7-3

IN: I received a call from the consultant who performed the archeology survey at stations 1 and 2. Based upon the plot plan provided by construction, the archeology discovery at station 1 does not occur within the area of proposed impact, even though part of the discovery is within the facility fence. The report recommendation to the SHPO by the archeologist will be that during construction activities in this area, an archeologist be onsite to monitor and ensure that the site is not impacted. They will also recommend that we fence the discovery area within our facility to ensure that future pipeline activities will not disrupt the site. I have asked that two reports be prepared for each site. One report for each station covering the construction areas and the other reports to include the entire 40 acres at each compressor station. All four reports will be submitted to Bret Fritch in Omaha on Monday, the 26th of March.

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OUT: Station 1 Archeology Discovery

IN: Good evening, everyone. Mike Peterson, who many of you have met and who is working with J.C. on your case, asked me to send the following e-mail to you: The lawyers for Amalgamated Bank filed an amended class action complaint yesterday. Based on our initial comparison of the amended complaint versus the original one (our comparison was "line by line" but not "word for word"), it appears that the only change was to add four specific requests for relief at the very end of the complaint - namely, "to order an accounting of insider-trading proceeds," "disgorgement of insider-trading proceeds," "restitution of investors' monies of which they were defrauded," and "as to the section 11 claims, awarding rescission or a rescissionary measure of damages." These additions are technical in nature and probably were designed principally to preempt any copycat suits by other plaintiffs' attorneys. The amended complaint does not appear to contain any revision of the factual allegations or asserted causes of action. If you nonetheless would like your own copy of the amended complaint (all 78 pages), just let me know and I will send it to you. This e-mail and any attached files may be confidential and subject to attorney/client privilege. If you received it in error, please immediately notify the sender by return e-mail or by calling (713)654-7600.

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OUT: Amended Complaint in Amalgamated Bank v. Lay, et al.

IN: Mark and I met with Mark Haedicke regarding utilities and the need for a legal opinion from the utility counterparty. We have agreed with Mark as follows: 1. Our negotiations with investor owned utilities should be based upon our standard ISDA Schedule (ISDA Multicurrency Agreement) AND including the "Additional Termination Event". Neither party should be required to provide a legal opinion. 2. Investor owned utilites will be approved for online trading from a legal viewpoint. The extra "Additional Termination Event" paragraph is not currently included in the GTC's but COULD be incorporated if there is a revision to the online agreement. 3. Our position with respect to municipals/municipal owned utilities, federal/state/local owned utilities and cooperatives remains unchanged. We should still utilize and update the "municipal ISDA" form, and, require a legal opinion from the counterparty. In that regard, Susan Flynn has been working on an "omnibus" format for an electric co-op (Deseret Generation and Transmission Co-operative), an earlier version of which could be used as a template for a municipal omnibus confirmation.

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OUT:
Utilities (investor owned)