November 21, 2001 ATTENTION ALL SHIPPERS/NOMINATING AGENTS NOMINATION CUTS FOR NOVEMBER 22 - 26 Volume cuts for nominations that exceed estimated consumption for Gas Days November 22 - 26 have been completed. Please check your contracts for any possible cuts during this period. If you have any questions, please contact your Transportation Specialist. Sincerely,
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answer: NOMINATION CUTS FOR NOVEMBER 22 - 26
Mary Kay and Drew, please see Christine's message below. This language is very similar to language that NNG has used to address the change-in-rates issue. I do not believe it creates a negotiated rates issue. Please let me know as soon as possible if you have any concerns. It is important that we work something out with Phillips today. By the way, I asked Christine if she had asked Phillips to 1) give up their right of first refusal and 2) agree to our new capacity release language (i.e. TW gets the upside if capacity is released at a higher rate) in exchange for us making this compromise. She feels that it would be inappropriate to ask them because the language below does not quite give Phillips what they had requested originally (that is, a negotiated rate).
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answer: Additional Phillips Language
Mark, Attached are rough drafts of the following documents for the noted projects: Bay Gas Storage 1. Draft CSA 2. Draft Lease Agreement 3. Draft O&M Agreement Oakhill 1. Draft CSA 2. Draft O&M Agreement for Hanover to provide maintenance. Please note that these are really rough based on the limited information available at this time. I did not provide a lease agreement for Oakhill as you indicated Hanover would finance/lease the Electric Motor Drivers to ECS. If Hanover is providing a straight lease, the lease for Bay Gas could be used. If Hanover is providing a purchase option, the lease agreement would need to be modified for the purchase option. My suggestion is to provide these forms to the customer with the caveat that as the commercial terms are fine tuned, these drafts will be modified. But this gives them the basic idea. In my absence please contact Barbara for coordination of legal support in the event you cannot wait until I return. Thanks.
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answer: Discussion Drafts for Oakhill and Bay Gas
FYI. Any thoughts Joe & Co.? Is release from contracts an "increase supply" option? My fear is that QFs get released and then California's "police state" mentality kicks in, enacting Exec Orders, legislation, etc. to ensure that the power from the QF facilities stays in California. Best,
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answer:
Ridgewood's Petition To Be Released From QF Contracts