Footnote 8

1310. Insiders Fastow and McMahon did not disclose to Enron that the accounting for theYosemite II transaction was inconsistent with GAAP or otherwise misleading during a FinanceCommittee meeting on February 7-8, 2000.Yosemite III1311. The Insiders did not disclose to Enron that the accounting for the Yosemite IIItransaction, which closed approximately August 25, 2000, and was scheduled to continue until July,2005, was inconsistent with GAAP or otherwise misleading1312. The Insiders did not disclose to Enron that the accounting for the Yosemite IIItransaction was inconsistent with GAAP or otherwise misleading at Board meetings in and aroundthe time of the transaction (including meetings on August 1, 7-8, and 24, 2000), in FinanceCommittee meetings in and around the time of the transaction (including a meeting on August 7,2000), and in Executive Committee meetings in and around the time of the transaction (includinga meeting on June 22, 2000).1313. Insider Causey did not disclose to Enron that the accounting for the Yosemite IIItransaction was inconsistent with GAAP or otherwise misleading at the August 1 and August 24,2000, Board meetings, and at the August 7, 2000 Finance Committee meeting.1314. Insider Fastow did not disclose to Enron that the accounting for the Yosemite IIItransaction was inconsistent with GAAP or otherwise misleading at the June 22, 2000 ExecutiveCommittee meeting, at the August 1, 2000 Board meeting, and at the August 7, 2000 FinanceCommittee meeting.1315. Insider Glisan did not disclose to Enron that the accounting for the Yosemite IIItransaction was inconsistent with GAAP or otherwise misleading at the June 22, 2000 ExecutiveCommittee meeting, at the August 1, 2000 Board meeting, and at the August 7, 2000 FinanceCommittee Meeting.604041v1/007457-429-