Privileged and Confidential Attorney-Client Communication This E-Mail Contains Legal Advice In the Barbed Wire Purchase Agreement is the provision that the Purchaser has 45 days to identify those employees of Company whom it would like the Company to terminate from employment prior to closing. The Seller is providing a limited indemnity for Purchaser's actions in selecting those employees. The indemnity expressly excludes claims against ENA for the selection of those employees. This indemnity thus excludes claims for discrimination on the basis of age, sex, race, religion, etc. The indemnity exclusion also could be interpreted to exclude claims for tortious interference. Thus, if ENA is going to exercise its right to select Company employees under that provision, ENA will assume the risk of claims by affected employees. I can assist you in identifying legal risks in the selection process and determining methods to manage the risks of those claims. Let me know if you would like to discuss this issue. Michelle Cash x3-6401
Answer: Barbed Wire -- Privileged and Confidential
Here is an email: At the request of Sara Shackleton, I am attaching my list of North America "utility" counterparties. My given task when I compiled this list was to identify "utilities" and determine if there was a reason we should not approve online trading for the counterparty. We originally denied approval for all utilities unless we had a Master Agreement in place or an overriding commercial reason to transact. We are now taking the position that investor owned utilities (IOUs) and related corporate entities should be approved for trading. However, we will not approve online trading for governmentals or cooperatives when we do not have a master in place, so those counterparties identified as such do not need to be included in your review. Obviously, if you are aware of a municipal or cooperative I failed to detect, please let us know. In addition, your review does not need to extend to the Canadian counterparties. We will run those by Canadian counsel. Please review the list to help us identify the IOUs. You may ignore the "Approved for Trading" column. For your information, the list was compiled from information provided from our Credit Department, from the Company's financial statements which I obtained from EDGAR, from the Company's web site, from www.utilityconnection.com, or from web searches of the Company when I could not locate information from any of the other sources. Please give us a call tomorrow to discuss briefly.
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A: Utility Counterparty List
Q: Mr. Lay, I understand that we may not be having the holiday party. I think this would be a huge mistake! We have worked hard all year and recently haven't had much to celebrate. I know alot of women (myself included) who have already bought their dresses. I think this could be our Enron Swan Song and go out with a bang! I think what you did about your bonus was the most unselfish thing a man in your position could do. I have been honored to work for a man of your caliber. I hope my next CEO can live up to your very high standards! Regards,
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A: Holiday Party???
IN: Justin, Either today from home, or tomorrow when you get in, I need you to repath a deal on MRT pipeline for December, 2001. The new deal number is 1198556. (It is a buy/sell and I need it to flow thru to accounting for payment) Let me know if you need more information. Thanks,

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OUT: duke energy
IN: This is an email
FYI, I wanted to let you guys know of an OA problem that I am seeing on the central desk for december 2000. It appears deals that are gas daily priced deals are being priced incorrectly in Unify. Two gas daily publications came out at the end of the year. The publication on the 29th was for trans. dated the 28th and flowing the 29th. The next gas daily publication came out on the 2nd of Jan. and was for trans. 29th flowing the 1st adn 2nd. We flashed gas daily prices for the 30th & 31st that equalled the GD publication of the 2nd. This is correct, we should pay sat. and sunday based on Monday's price. Settlements paid the 30th & 31st at the 29th's price. I am going to give Bryce a call, I just wanted to share this with you since you should be seeing OA forms starting today for Dec production. If you disagree with my logic, please give me a shout. Thanks. PL

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OUT: Gas Daily pricing 12/30-12/31
Attached is a clean and redlined copy of the ENA's IT Agreement on Lost Creek. The revisions incorporate Chris Hoekenga's comments. Please review and let me know if this looks acceptable. If OK we can forward to BR for their final review.
Answer:
ENA-Lost Creek IT Agreement