RE: restrictive contract clauses ,
 any time after 2:30pm works for me.  want to say 3pm? since lisa's over her=
e, i'd suggest that you come over to our neck of the woods - but i don't mi=
nd coming over there (now that you have such nice digs).

lara

 -----Original Message-----
From: =09Schroeder, Mark =20
Sent:=09Thursday, October 18, 2001 5:08 PM
To:=09Leibman, Lara; Yoho, Lisa
Cc:=09Pack Jr., Scott; Shapiro, Richard
Subject:=09RE: restrictive contract clauses

I am in tomorrow.   thanks  mcs

 -----Original Message-----
From: =09Leibman, Lara =20
Sent:=0918 October 2001 17:07
To:=09Schroeder, Mark; Yoho, Lisa
Cc:=09Pack Jr., Scott; Shapiro, Richard
Subject:=09RE: restrictive contract clauses

we could definitely point them to consol.  mark, i need to know more about =
the players here. while i have recently become more aware of who the big pr=
oducers are, that is really the extent of my knowledge.  if you have a litt=
le free time tomorrow afternoon, perhaps we could touch base briefly.  than=
ks.

lara

 -----Original Message-----
From: =09Schroeder, Mark =20
Sent:=09Thursday, October 18, 2001 4:35 PM
To:=09Yoho, Lisa
Cc:=09Pack Jr., Scott; Leibman, Lara
Subject:=09RE: restrictive contract clauses

We could probably tell them where to look, but, obviously, we do not have t=
he contracts, since they are not with us as the counterparty.  Scott is out=
 tomorrow.  I could meet with you, but not sure I have much to add.  Added =
problem is that, if we say, go look at Party X's contract with Consol, havi=
ng just talked with Party X ourselves, it may become too obvious, i.e., our=
 fingerprints are seen in this.  Can't we just alert them to Consol's misbe=
haviour, and let them run with it, e.g, DOJ contacts Consol, either asking =
for contracts, or names of customers, with customers providing their contra=
cts to DOJ?  thanks  Mark

 -----Original Message-----
From: =09Yoho, Lisa =20
Sent:=0918 October 2001 16:15
To:=09Schroeder, Mark
Cc:=09Leibman, Lara
Subject:=09FW: restrictive contract clauses

Mark:  When can you meet with us on this issue?   Lisa

 -----Original Message-----
From: =09Leibman, Lara =20
Sent:=09Thursday, October 18, 2001 4:13 PM
To:=09Yoho, Lisa
Cc:=09Shapiro, Richard
Subject:=09RE: restrictive contract clauses

sure.  no problem. we've already given the doj "heads-up" on these types of=
 provisions.  however, if we'd like to provide them with specific language =
(crossing out any reference to certain players, if necessary), that might b=
e a good idea.  since i'm going up there (should be confirmed by tomorrow) =
next tuesday to see them, this is timely. =20

lara

 -----Original Message-----
From: =09Yoho, Lisa =20
Sent:=09Thursday, October 18, 2001 3:57 PM
To:=09Leibman, Lara
Cc:=09Shapiro, Richard
Subject:=09FW: restrictive contract clauses

Sound familiar?   Let's sit down with Mark on this when you have time.  Tha=
nks, Lisa

 -----Original Message-----
From: =09Schroeder, Mark =20
Sent:=09Thursday, October 18, 2001 3:50 PM
To:=09Yoho, Lisa
Cc:=09Pack Jr., Scott
Subject:=09restrictive contract clauses

Lisa - as you probably know, the Pitt seam is characterised by a few domina=
nt players, most notably Consol and RAG.  Consol, especially, is resistant =
to our business model (transparency, liquidity).  We have heard that they a=
re putting clauses into contracts that prohibit the resale of their coal, b=
y their utility customers.  I used to know more about this area of the law,=
 but isn't this impermissible?  If so, (but don't do this, yet), is it poss=
ible to give DOJ a "heads up", so they could send appropriate demands for i=
nformation?  We definitely would not want our fingerprints on this.  Policy=
makers should be on our side, as a matter of energy policy, because in time=
s like these, when coal supplies are still tight, you want free movement of=
 the commodity to where it is needed, when it is needed, rather than creati=
ng artificial shortages because someone long Pitt seam coal cannot re-sell =
it.  Also, such restrictions are likely to inhibit development of effective=
 risk management mechanisms, like the Northerern App. contract that Alleghe=
ny has been talking about (and which I understand we might put on EOL, if/w=
hen the contract is developed).  Your thoughts?   thanks  mcs
mark.schroeder@enron.com, lisa.yoho@enron.com