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NGI's Daily Gas Price Index published : October 29, 2001 ALJ Clears Transwestern of Market Power Charges A FERC administrative law judge has found no improprieties, nor evidence of the exercise of market power in negotiated rate contracts between Transwestern Pipeline and two shippers on its system, which resulted in the shippers being charged as much as $27/MMBtu last February, far in excess of the pipeline's allowed transportation rate of 38 cents/MMBtu (RP97-288-009). ALJ Jacob Leventhal had only one fault to find, and that was with Transwestern's method of posting capacity. The judge said, and Transwestern agreed, to modify its tariff "so that all posting, bidding and award procedures are set forth in a separate provision with an appropriate caption" on its Internet bulletin board. Shippers had said that reviewing capacity on the Transwestern web site was "a tortuous process." Indicated Shippers claimed Transwestern's inadequate capacity posting and award procedures did not provide all interested parties with an opportunity to bid for the capacity that was available. While "both Indicated Shippers and (FERC) Staff find it curious that SET (Sempra Energy Trading) and Richardson (Products Co.) were the sole bidders on the contracts awarded to each of them...curiosity does not translate into proof," the judge said. Witnesses in the expedited hearing testified no bids were considered in advance of the capacity posting. The judge subsequently found the capacity was awarded in a manner consistent with Transwestern's tariff. Similarly, Levanthal could find no evidence that Transwestern exercised market power in negotiating the rates with shippers or withholding or threatening to withhold capacity. The capacity was available at recourse rates, and the shippers knew those rates were available. "Staff's arguments really are criticisms of the posting and award procedures, but do not demonstrate the exercise of market power." The two shippers said they made a business decision to propose the "index-to-index" formula that produced the higher rates, rather than take the recourse rate "to minimize any risk on transportation options." The index-to-index formula refers to taking the difference between the daily published commodity prices at two different points and subtracting to get the transportation rate between them. In this case the two points were the San Juan Basin and the SoCal Needles delivery point. The case was set for expedited hearing last summer by the commissioners acting on staff recommendations.

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OUT: NGI Article on TW Ruling
QUESTION: Starting on Thursday, April 19, at 2:00 p.m. there will be a weekly telephone conference for the California litigation team. The objective will be to identify key issues and plan a coordinated strategy for all litigation in California. The call will last not more than one hour. Thus far, the responsibility has been allocated as follows: 1. PG&E Bankruptcy Lisa Mellencamp and Carl Ecklund (LeBoeuf Lamb Greene & McRae) 2. Class Actions Richard Sanders and Robin Gibbs (Gibbs & Bruns) 3. CTC Matters Bob Williams, Mike Day and Gary Fergus (Brobeck) 4. FERC Matters Regulatory and Richard Sanders and Dan Watkiss (Bracewell & Patterson) 5. Government Investigations Regulatory and Richard Sanders Richard Sanders and Robin Gibbs will have overall responsibility for coordination of the litigation.
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ANS: California Litigation Team
Hey All: hope this finds you doing well and getting ready for cooler weather. A Closer Look is entering it's 8th year, but the real purpose of this e-mail is to announce the launch of our new sister website, WiseShops. This is an e-commerce site where a business owner can order a professional mystery shop on-line. After the order is placed on-line at our secure website, it is then filled with one of our qualified shoppers. I value your opinion and would really appreciate it if you would do two things: Access the website, www.WiseShops.com and let me know what you think about the site and the concept. Any and all feedback would be helpful. Forward this e-mail and the site to anyone who you think might benefit from professional feedback for his/her company. If they do not own a restaurant, hotel, or retail establishment, we will be adding a number of other types of businesses in the very near future. Looking forward to hearing from you and thanks for your help, Chuck
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answer: New Website
Jim: I just wanted to write you a note of support in what I am sure are some very trying times. Ken and I remain fans of yours and fully appreciate everything you have done for CAEM. Let us know if we can be of any assistance to you. Jamie Jamie Wimberly President CAEM
Answer: Note From Jamie Wimberly
Here is an email: Hi, Kristin. Your Dad asked me to get in touch with you to see about setting up some lunches for the two of you. He's traveling quite a bit again in October, but I'll give you the dates he's available and you tell me which of those days you can do it: Friday, October 13 Monday, October 16 Thursday, October 19 Thursday, October 26 Wednesday, November 1 Monday, November 6 Friday, November 10 Monday, November 13 Tuesday, November 14. I'll hold all of these dates for you until I hear back from you. Would you be able to go at 12:00 noon? SRS
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A: Lunch with your Dad
QUESTION: Stacy: Harry Stout is ready to sign these so could you call or e-mail me with the information that is needed to fill in the blanks with respect to the physical contracts. I believe that all I need to know is how in each agreement KCS was referenced. Tahnks. carol
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KCS Amendments