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Lorraine, here is the new language for the discount letter.
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You might want to compare the other language in the agreement to that of the existing one to make sure I got the right version (or I'll do it on Monday).
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Let me know if you have questions.
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I just ran it by Drew and he is OK with it.
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OK, here's my first attempt.
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Although I think Red Cedar's lawyers might be looking for more, they have not specifically requested it, so I decided to stick to making only the statements Ed Meaders mentioned in his 2 voice mails.
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I believe this may suffice.
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Mary Kay -- please see the attached -- Red Cedar has essentially asked us for acknowledgement that TW is willing to allow them to act as agent to transport gas for producers even though Red Cedar itself does not have title to the gas.
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Drew has seen this and says he is going to discuss it with you.
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Drew, here is the memo.
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I know you will add your own spin before sending it on to Cordes.
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However, if there is anything you want me to fix, please do not hesitate to call.
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Jeff, attached is our summary of the Transwestern receipt point proposal for inclusion in CAC's settlement proposal.
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I hope that this is helpful.
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If you have any comments, please let me know.
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Lorraine, here is the letter.
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You will need to fill in the address; otherwise it's ready to go.
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Let me know if you need anything else (including
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Janet -- could you please try to find the files Maria references in her e-mail, and I'll take it from there.
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Thanks!
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Please print out the attached on my letterhead & bring it over to me.
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Thank you!!
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I regret to report that I just ended a very unproductive phone conversation with Mr. Hertzberg.
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He thanked us for all our cooperation but politely declined to give me any information on what authority he was relying on to conclude that there is a jurisdictional problem.
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However, it sounded to me like whatever authority he does have is shaky at best.
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He also sounded interested in the possibility of our making some sort of anonymous inquiry at FERC (if such a thing is possible) on the issue.
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Obviously they are very leery of making that phone call themselves and risking revealing their identity.
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He said he would discuss it with Ed Meaders.
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Also, he mentioned that after tomorrow he will be on vacation for a month, and another attorney will be taking over in his absence.
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That could be good, or it could be bad.
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Maybe Lorraine can sweet talk Meaders into at least citing us some cases from Hertzberg's memo.
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At the very least, I hope he will show it to the Kinder Morgan lawyers.
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Janet, can you open the attachment?
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I just rely on the market services folks to do the right thing.
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Tell me if you think this is yet another area in which I have too much faith in our business people.
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Lorraine, please forward the attached to Ed Meaders.
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I'm confused -- are we asking for an extension of time to comply with the Commission's conditions, or an extension of time to file a motion for rehearing?
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Attached is my first try at our motion to extend time.
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Your written comments would be appreciated.
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Christine, you need a comma between July and August.
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Otherwise this looks fine.
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Please see the attached.
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Hey K!
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Thanks for the note.
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Everyone is asking how you're doing.
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Sorry to hear about your back; I know what it is like.
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As much as you are inclined to run around and get things done, the thing that worked best for me with my back problem was just to recline as much as possible!
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My house truly became a mess, but guess what, the world did not end.
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I really like your monosyllabic choices for names: Kyle and Quinn.
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For some reason I really like the name Elizabeth with both of those.
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Perhaps because it balances out the unisex quality of the first name.
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I think you really have to meet the baby before you decide for sure.
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Who knows, she might turn out to be more of a Gladys!
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heh, heh!
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The landscapers are almost finished with my yard.
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It looks really good.
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I even have a little palm tree -- required for the Heights.
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The last thing is to finish the driveway -- right now there are 20 tons of black star gravel sitting in the back yard!
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Time to work.
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Try to take it easy!
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On January 13, 2000, FERC issued a Section 7(c) certificate for Transwestern's Gallup Expansion.
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The Commission's order contained two conditions: 1) that Transwestern file its discounted rates within 15 days of the order, and 2) that Transwestern restructure its relationship with Enron Compression Services so that Transwestern will have sufficient operation control over the motor at the Gallup compressor station to assume regulatory responsibility for the motor's operation, and that Transwestern file a report with the Commission stating how it complied with this condition.
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Transwestern accepted the certificate January 14, 2000 but reserved the right to seek rehearing or clarification of the order.
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On January 18, 2000, Transwestern filed a motion for extension of time to comply with the condition that Transwestern file its discounted rates.
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Transwestern has already filed with the Commission the discounted rates it will charge its expansion shippers, subject to a request for confidentiality.
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Transwestern intends to file a request for rehearing of the January 13 order explaining why the Commission erred in ordering Transwestern to publicly disclose its discounted rates in advance of the normal time for making such disclosure through a discount report.
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Lorraine, see the attached.
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I added "Maximum" and "Minimum" to the chart but don't know whether I got it backwards...anyway, let's talk if you have any questions.
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Hi Mum!
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Well, I mustered the courage to start my bathroom painting project yesterday.
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I chose a medium blue that looks very nice.
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Guess who helped me?
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Bill!
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He got pretty enthusiastic with that roller.
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So we were able to knock it out in about 3 hours.
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There was a lot of woodwork to tape off.
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Tonight I will finish the tub area, which needed some repair/caulking/spackling.
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Now I am anxious to do the bedroom, but probably will not get to it until next month.
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Maybe you will be able to help me decide on a color when you are here this weekend.
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I'm torn between "Happy Yellow" and a lighter version of the blue I used in the bathroom.
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If I decide to paint any of the downstairs, I believe I will entrust that work to the professionals.
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Got 4 tickets to the dance performance.
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Since Bill seems to genuinely enjoy dance, I invited him.
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So that leaves us with one ticket.
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If you would like to invite someone, just let me know; otherwise maybe one of my friends around here will join us.
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Hope your weekend project was a success.
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Talk to you soon!
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Love,
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The only problem I can see with this is that paragraph 4 could be construed to encourage NMNG to request amendment not only to increase the MAXDTQ but also to decrease it (if the MAXDTQ has been increased by a previous amendment).
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I worry that this might mislead NMNG that the parties can decrease the MAXDTQ by agreement rather than NMNG using capacity release procedures.
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However, the paragraph does not obligate TW to do anything & doesn't give NMNG any rights, since any change in the MAXDTQ must be by mutual agreement (and it's subject to available capacity).
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Since it does not seem to give either party anything they do not already get under the tariff, I think I would recommend we omit it.
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However, NMNG might insist on this or similar language to reflect the "deal" --- or at least the conversations of the parties.
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If that's the case, I suppose I would advise the marketing folks to limit the language of paragraph 4 to an increase in MAXDTQ and explain that any decrease would have to be thru capacity release.
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Comments?
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Brian and Glen, Based upon a review of the 1/21/00 draft of Motion for Extension of Procedural Schedule, Transwestern Pipeline Company does not wish to join as a party to the motion, and does not plan to oppose the motion.
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Sincerely, Susan Scott
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The attached document shows my proposed changes to Universal's agreement in redlining.
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I tried not to over-lawyer or make this overly complicated, but in my view this needed a lot of basic cleanup.
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Many of my changes are simply to make the language more accurate (for example, in the use of defined terms).
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