Footnote 8

1520. Insider McMahon did not disclose to Enron that the accounting for the Sutton Bridgetransaction was inconsistent with GAAP or otherwise misleading at the Finance Committee meetingon May 3, 1999, and at the Executive Committee meeting on April 13, 1999.ETOL I, II & III1521. The Insiders did not disclose to Enron that the accounting for the ETOL I, II and IIItransactions, which closed approximately on November 1, 2000, March 30, 2001, and June 20, 2001,respectively, were inconsistent with GAAP or otherwise misleading.1522. The Insiders did not disclose to Enron that the accounting for the ETOL transactionswas inconsistent with GAAP or otherwise misleading at Board meetings in and around the time ofthe transactions (including meetings on October 27, 2000, December 7, 2000, December 12, 2000,January 29, 2001, February 13, 2001, March 16, 2001, May 1, 2001 and June 13, 2001), at FinanceCommittee meetings in and around the time of the transaction (including meetings on October 6,2000 (during which a Quarterly Risk Update listed Enron’s exposure to ETOL), December 11, 2000,February 12, 2001 and April 30, 2001), and at Executive Committee meetings in and around thetime of the transaction (including meetings on December 7, 2000, December 21, 2000 andMarch 12, 2001).1523. Insider Fastow did not disclose to Enron that the accounting for the ETOLtransactions was inconsistent with GAAP or otherwise misleading at the Board meetings onOctober 27, 2000, January 29, 2001, February 13, 2001 and June 13, 2001), at the FinanceCommittee meeting on October 6, 2000, December 11, 2000 and April 30, 2001, and at theExecutive Committee meetings on December 21, 2001 and March 12, 2001.1524. Insider Causey did not disclose to Enron that the accounting for the ETOLtransactions was inconsistent with GAAP or otherwise misleading at the Board meetings on604041v1/007457-465-