Kate: A few points about the last draft of the Agreement: (1) Par. 1(a): the transfer and assumption is effective as of March 16, 2001 and not as of the Collateral Return (2) Par. 1(d): the parties have already agreed to use one set of spreadsheets (3) Par. 3: the ML&Co. guaranties are not being released because there are existing deals in place. The guaranties will only be released as to the transferred Transactions (4) Par. 6: conform language to side letters
Answer: Transfer and Assumption Agreement ("Agreement")
Here is an email: I have engaged the Modrall firm in Albuquerque to help us sort through the legal issues posed by dealing with the Southern Utes both on and off line. The lawyers are Messrs. Lynn Slade and Bill Scott. I would like to send a Fed Ex to them on Friday, April 21 for Monday morning delivery containing the following: 1. ISDA Master Agreement and CSA boilerplate 2. Our municipal form of Schedule for the Southern Utes and appropriate Paragraph 13 3. A sample Schedule prepared for a general corporate (with appropriate disclaimer language) 4. A copy of the 1993 Commodity Definitions and the 2000 Supplement You will have to verify the current firm name. Check the website at www.modrall.com. Send to the attention of Bill Scott. The address: 500 4th Street NW, Suite 1000 Albuquerque, New Mexico 87102
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A: Southern Ute Indian Tribe d/b/a Red Willow Production Company
Q: The speaker introduced a bill that would: Order the CA PUC to establish a "rate component" to permit the utilities to recover its "net undercollected amount" over a period of ten years. (Sounds like there may be a haircut in there somewhere.) Authorize the State Water Dept. to purchase power on behalf of utilities and munis. Order the CA PUC to create a separate rate component to cover the Dept. 's cost of purchasing the power. Authorize the Treasurer to issue debt, backed by ratepayers, to cover any difference between the price the Water Dept. buys the power for and the price that can be collected from ratepayers under the rate freeze. Authorizes the State Director of Finance to "accept on behalf of the state any tangible asset of an electrical corporation." (Presumably the state is looking to get something from the IOUs (say, the hydro assets) in exchange for giving the utility it's "net undercollected amount." The bill is long and haven't yet had a chance to review it in detail. We're faxing the bill. The bill will be controversial and it is unclear who in the Legislature has bought into it, though the Governor signaled his general support for this sort of approach in a press conference last night announcing the results of the power auction. The Assembly is scheduled to have a hearing on the bill later today. Will pass on more info as we get it. Jeff
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A: New Bill Introduced in CA Legislature
IN: Maria Pavlou has graciously agreed to give the TW Commercial Group a brief review of the Global Settlement on Thursday, November 1 from 10 - 11:30 am in 49C2. Please mark your calendars if you are interested in attending. Lorraine

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OUT: TW Global Settlement
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According to my research, this project (which involves construction by TW of a lateral consisting of about 40 miles of at least 16" pipe to provide service to a power plant) would require a 7(c) certificate. Do you concur? Any comments?
Answer:
Caithness Big Sandy LLC