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Enron Mail |
Jan Cobden
Enron Transportation Services Company 1400 Smith Street, Suite EB4780 Houston, TX 77002 (713) 853-6044 (713) 646-2738 Fax jan.cobden@enron.com -----Original Message----- From: "Bill C. Scott" <wcs@modrall.com<@ENRON [mailto:IMCEANOTES-+22Bill+20C+2E+20Scott+22+20+3Cwcs+40modrall+2Ecom+3E+40ENR ON@ENRON.com] Sent: Monday, June 25, 2001 12:03 AM To: lsoldano@enron.com Cc: LSlade@modrall.com Subject: NMED Compliance Order ** Proprietary ** Lou, I received you phone message and fax. I tried to reach Larry Campbell on Friday morning, but got his voice mail which indicated he was traveling until Monday. I hope to talk with Larry on Monday about this matter. You are correct that the legislature amended the Air Act this past session to include a statute of limitations governing enforcement actions. That amendment (H.B. 278) provides that "no action for civil penalty shall be commenced more than five years from the date the violation was known by the department or local agency." (to be codified at NMSA Sec. 74-2-12.1). The amendment became effective on June 15, 2001, the day after the NMED issued the compliance order here. NMED doubtless will assert that the limitations period is not applicable here because it was not in effect at the time they initiated the action by filing the Compliance Order. (Ah what a difference a day makes.) I will need to take a quick look to evaluate the strength of their position and our position that the limitations period should apply. Charlie de Saillan used to be counsel to the New Mexico Natural Resources Trustee. He departed from that position nearly a year ago and, after short time off, went to NMED. He and Eric Ames are the two folks handling air issues these days. I have dealt with Charlie in the past. He is generally pleasant to deal with, but not always flexible in his views. My sense is that he will want to strike some kind of a deal to resolve this and is not likely to insist on pressing for the full $15,000 per day for each day of violation. From your voice mail message, it sounds like NMED was advised of the change out of the engines. I will be curious to learn more about what they were told or provided in writing and when. I will flesh all that out with Larry when I speak to him. I will be out of the office in the morning but will try to catch up with you and Larry as soon as I get in. Bill Scott Modrall, Sperling, Roehl, Harris & Sisk PA P.O. Box 2168 Albuquerque, New Mexico 87103 Phone: 505.848.1824 Fax: 505.848.1889 E-mail: wcs@modrall.com -------------------------------------------------------------------- Modrall, Sperling, Roehl, Harris & Sisk, P.A. -------------------------------------------------------------------- THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this electronic transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling 505.848.1800, so that our address record can be corrected. Thank you.
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