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Take care and keep in touch, Kay
|
dev42
| 34,697
|
Nancy, Here are some come comments to the draft PPA: As a general note, we would have these goals: 1.
|
dev42
| 34,698
|
Keep the PPA has streamlined as possible, putting as much as we can in the interconnection agreement.
|
dev42
| 34,699
|
2.
|
dev42
| 34,700
|
Minimize ties to specific unit.
|
dev42
| 34,701
|
3.
|
dev42
| 34,702
|
Maximize optionality, especially delivery points.
|
dev42
| 34,703
|
4.
|
dev42
| 34,704
|
Keep construction/ownership of the facility off the balance sheet.
|
dev42
| 34,705
|
5.
|
dev42
| 34,706
|
Signing the interconnection agreement must be simultaneous, or a CP.
|
dev42
| 34,707
|
More specifically we would like to: Move start up/metering terms to interconnection agreement.
|
dev42
| 34,708
|
Megawatts will probably change due to change in equipment.
|
dev42
| 34,709
|
Bracket 192 for now.
|
dev42
| 34,710
|
The capacity will change for summer and winter, also, specifics to be determined.
|
dev42
| 34,711
|
Make sure we are protected from any liability caused by their delay.
|
dev42
| 34,712
|
Comments on specific articles: Definition of emergency start up will belong in interconnection agreement.
|
dev42
| 34,713
|
2.2 Expiration is Dec. 31, 2004; move bracketed language into interconnect.
|
dev42
| 34,714
|
2.3 We need an out in case we don't commence construction/achieve commercial operation as a result of Buyer's action/inaction, and the term "breach" should include failure to timely perform any of buyer's obligations under any of the agreements.
|
dev42
| 34,715
|
Any reason why we shouldn't want an extension if there is a delay due to action/inaction of any governmental authority?
|
dev42
| 34,716
|
We can add change of law as an event which gives us schedule relief, but we might want to broaden the definition of change of law.
|
dev42
| 34,717
|
Also, we don't have the site acquired yet, so we may need an out in case we encounter a problem, unless we will not sign this agreement before acquiring the site.
|
dev42
| 34,718
|
3.4 Peak period is July and August.
|
dev42
| 34,719
|
3.5 (b) Amount left over will depend on the summer and winter capacity.
|
dev42
| 34,720
|
Might just leave blanks as placeholders.
|
dev42
| 34,721
|
3.5 (c) Let's try for 4 hours notice.
|
dev42
| 34,722
|
3.5 (d) suggest title "Start-Up Minimum Run Time".
|
dev42
| 34,723
|
3.5 (e) add maximum of ___ per year.
|
dev42
| 34,724
|
Need a minimum shut down time between start ups.
|
dev42
| 34,725
|
4.6 Note: 3.3 refers to alternate sources and market sources; 4.6 refers to the wholesale market.
|
dev42
| 34,726
|
We should pick a term, define it, and use it throughout.
|
dev42
| 34,727
|
8.1 (c) replace "covenant" with "obligation", and follow with "(other than payment)".
|
dev42
| 34,728
|
Default isn't a remedy, so there's a disconnect in that sentence.
|
dev42
| 34,729
|
8.1 (d) remove "shall" and conform grammar in romanettes.
|
dev42
| 34,730
|
8.3 refers to LD's, 4.8 but I didn't see any unless 4.8 is meant to encompass the concept.
|
dev42
| 34,731
|
A little unclear to me.
|
dev42
| 34,732
|
How is this supposed to work with 4.8?
|
dev42
| 34,733
|
Is there any reason the damage waiver can't be absolute?
|
dev42
| 34,734
|
Does the sole and exclusive language in 4.8 need to be conspicuous, or is it ok?
|
dev42
| 34,735
|
9.1 Is the demand charge included in the invoice, or is it due without an invoice?
|
dev42
| 34,736
|
10.1 On the third line, shouldn't the second "Seller" be "Buyer"?
|
dev42
| 34,737
|
15.
|
dev42
| 34,738
|
No mediation.
|
dev42
| 34,739
|
16.1 Delete oral amendment language.
|
dev42
| 34,740
|
Exhibits: A. Megawatts, heat rate to be confirmed.
|
dev42
| 34,741
|
Heat rate believed to be 10,600.
|
dev42
| 34,742
|
Deleted bracketed language about implied cost of fuel from alternate source energy.
|
dev42
| 34,743
|
Start up costs: $500.
|
dev42
| 34,744
|
Emergency start up to be addressed later.
|
dev42
| 34,745
|
Could we schedule a conference call for Friday or Monday to discuss any questions/issues.
|
dev42
| 34,746
|
Please let me know your availability.
|
dev42
| 34,747
|
Thanks, Kay
|
dev42
| 34,748
|
As requested.
|
dev42
| 34,749
|
Please call if you need anything else.
|
dev42
| 34,750
|
By the way, I have the original contracts in my office.
|
dev42
| 34,751
|
Kay
|
dev42
| 34,752
|
Nancy, Please call me about this.
|
dev42
| 34,753
|
Thank you, Kay
|
dev42
| 34,754
|
I'm available any time except 300-430 on Monday.
|
dev42
| 34,755
|
Have a good weekend.
|
dev42
| 34,756
|
Hi guys, I suggest a brief meeting to discuss strategy before anything is sent to SW.
|
dev42
| 34,757
|
Kay
|
dev42
| 34,758
|
Anybody uncomfortable yet?
|
dev42
| 34,759
|
Suzanne, please forward this to Jeff.
|
dev42
| 34,760
|
My email is acting up again.
|
dev42
| 34,761
|
Hi Jeff, I thought I would pass this email along to you since you've been working on some of the aspects of the Peoples deal.
|
dev42
| 34,762
|
I don't want to interfer with whatever you have going on, but I'm happy to assist/participate in whatever way makes sense.
|
dev42
| 34,763
|
Kay
|
dev42
| 34,764
|
Good idea.
|
dev42
| 34,765
|
I'll let him know.
|
dev42
| 34,766
|
Marty, FYI.
|
dev42
| 34,767
|
Sheila mentioned that Mitch is one of your guys.
|
dev42
| 34,768
|
Kay
|
dev42
| 34,769
|
Hi Kathy, Here are my suggestions/comments on Rev. 6 Definitions.
|
dev42
| 34,770
|
I think we need a Business Day definition, and a search and replace of business days for Business Days.
|
dev42
| 34,771
|
1.55 The definition of Performance Tests is really a definition of performance test reports.
|
dev42
| 34,772
|
I think we need a definition that incorporates the tests listed on Exhibit E. The phrase installation option is used, but I didn't find a description of the installation option when I did a search.
|
dev42
| 34,773
|
3.14.2.1 Is 6 months enough under this circumstances?
|
dev42
| 34,774
|
Does it matter?
|
dev42
| 34,775
|
4.3 Delete "Each".
|
dev42
| 34,776
|
5.1 The amounts on Exhibit N don't match what I have on the last option agreement, and there isn't a description of any options, unless I'm interpretting it incorrectly.
|
dev42
| 34,777
|
5.3 (ii) add "as provided in Section 5.5" 6.4 I may have missed this, but I didn't see where amounts owed by Seller would be charged interest if not timely paid.
|
dev42
| 34,778
|
10.7 Are the roman numerals correct?.
|
dev42
| 34,779
|
I am going to email you some new language for assignment and the buy back option.
|
dev42
| 34,780
|
You should have it today.
|
dev42
| 34,781
|
Do you have a redline on this rev 6 versus whatever the version was I read before?
|
dev42
| 34,782
|
I'm skimming it and I want to make sure I don't skip something.
|
dev42
| 34,783
|
Thanks, Kay
|
dev42
| 34,784
|
Sounds good to me.
|
dev42
| 34,785
|
Stan, I have one minor question.
|
dev42
| 34,786
|
Is the Notice to Proceed Effective Date a set date, or is it x days following y event?
|
dev42
| 34,787
|
I would expect to see language along the lines of "If notice to proceed is not given by the Notice to Proceed Effective Date, then...".
|
dev42
| 34,788
|
I see the deleted language was something close to that, so maybe in the context of this EPC different terminology is used.
|
dev42
| 34,789
|
Kay
|
dev42
| 34,790
|
Hi Heather, Here's a form of LOI we can use.
|
dev42
| 34,791
|
Nancy W. called and is ready to discuss the PPA.
|
dev42
| 34,792
|
We can call her after our meeting, or before if you have the time.
|
dev42
| 34,793
|
Kay
|
dev42
| 34,794
|
Ok.
|
dev42
| 34,795
|
So basically all bets are off if we don't give NTP by September whatever.
|
dev42
| 34,796
|
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