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Agreed!
Dan Law Offices of Daniel W. Douglass 5959 Topanga Canyon Blvd. Suite 244 Woodland Hills, CA 91367 Tel: (818) 596-2201 Fax: (818) 346-6502 douglass@energyattorney.com ----- Original Message -----=20 From: Dasovich, Jeff=20 To: Dan Douglass ; ARM ; Vicki Sandler ; Todd Torgerson ; Tamara Johnson = ; Mara, Susan ; Steve Schleimer ; Steve Huhman ; Roger Pelote ; Rob Nichol = ; Randy Hickok ; Peter Blood ; Nam Nguyen ; Karen Shea ; Jim Crossen ; Jani= e Mollon ; Jack Pigott ; Greg Blue ; George Vaughn ; Gary Ackerman ; Ed Caz= alet ; Denice Cazalet Purdum ; Curtis Kebler ; Curt Hatton ; Corby Gardiner= ; Charles Miessner ; Carolyn Baker ; Bill Ross ; Alden Hoekstra ; Max Bulk= =20 Cc: Gregg Klatt ; Ed Duncan ; Erica.Manuel@edelman.com ; Fairchild, Tracy= =20 Sent: Tuesday, November 20, 2001 8:49 AM Subject: RE: IMPORTANT ! ! Thanks, Dan. I'm having a very difficult time seeing how Enron will have= any choice other than to vigorously (and respectfully) 1) decline to offer= up any contracts and 2) assert our view that Karl Wood it is unfair to att= empt to impose any quid pro quo, i.e., forcing folks to waive their due pro= cess rights by declining to hand contracts over to Karl. Best, Jeff -----Original Message----- From: Dan Douglass [mailto:douglass@energyattorney.com] Sent: Tuesday, November 20, 2001 9:58 AM To: ARM; Vicki Sandler; Todd Torgerson; Tamara Johnson; Mara, Susan; St= eve Schleimer; Steve Huhman; Roger Pelote; Rob Nichol; Randy Hickok; Peter = Blood; Nam Nguyen; Karen Shea; Jim Crossen; Dasovich, Jeff; Janie Mollon; J= ack Pigott; Greg Blue; George Vaughn; Gary Ackerman; Ed Cazalet; Denice Caz= alet Purdum; Curtis Kebler; Curt Hatton; Corby Gardiner; Charles Miessner; = Carolyn Baker; Bill Ross; Alden Hoekstra; Max Bulk Cc: Gregg Klatt; Ed Duncan; Erica.Manuel@edelman.com; 'Fairchild, Tracy= ' Subject: IMPORTANT ! ! Attached is a ruling issued yesterday by Commissioner Wood directing th= at ESPs and customers file copies of direct access contracts with the Commi= ssion by December 3. The contracts will be available to ALL other parties = who sign a "suitable" protective order. The Ordering Paragraphs read as fo= llow: 1. By December 3, 2001, any party who believes that it has a direct= access contract or agreement potentially affected by an order to suspend d= irect access as of July 1, 2001 or a date earlier than September 20, 2001, = shall submit a true and correct copy of each of the actual contracts or agr= eements along with any arguments as to the impact of such an order. A fail= ure to submit this information for the Commission's consideration will be c= onsidered a waiver of the arguments related to claims involving the contrac= ts and agreements. Initially, the true and correct copy of each of the act= ual contracts or agreements shall be filed under seal with the Commission's= Docket Office and served on Administrative Law Judge (ALJ) Robert Barnett. 2. Office of Ratepayer Advocates shall work with the parties who ha= ve executed direct access contracts or agreements to develop a proposed pro= tective order and nondisclosure agreement for Commission staff, which shall= be submitted to ALJ Barnett by December 3. =20 3. The electric service providers and customers who are parties sha= ll work with other parties and shall jointly submit a proposed protective o= rder and nondisclosure agreement that will cover parties other than Commiss= ion staff by December 11, 2001.=20 4. Parties' supplemental comments to the comments they filed in res= ponse to the October 23rd Assigned Commissioner Ruling shall be submitted b= y January 4, 2002. As a preliminary matter, of course, AReM and WPTF do not, in their own = names, have direct access contracts. However, certain members of AReM and = WPTF are direct parties to the proceeding and need to consider what course = they wish to take. The group also needs to consider if they wish to fight = this Order on Constitutional or procedural grounds. I will be considering = our options and get back to you with more detail. However, as a very preli= minary analysis, it is evident that the Commission does not have jurisdicti= on over either ESPs or the customers they serve. The request is also parti= cularly outrageous because of the statements that, "A failure to submit thi= s information for the Commission's consideration will be considered a waive= r of the arguments related to the claims involving the contracts and agreem= ents" and "Parties to this proceeding may have access to these contracts an= d agreements after the appropriate protective order and nondisclosure agree= ments are in effect." The former is a likely denial of due process and the= latter exposes proprietary contracts and pricing information to ESP compet= itors and exposes sensitive pricing information to competitors of energy-de= pendent customers. =20 Your thoughts would be appreciated. My initial reaction is that this = is time for ESPs and customer groups, such as CMTA, ABAG, CLECA, CIU, EPUC,= SPURR, etc., to band together and fight this at multiple levels, from the = Governor's Office on down, including in the media. Your thoughts would be = very much appreciated. Dan Law Offices of Daniel W. Douglass 5959 Topanga Canyon Blvd. Suite 244 Woodland Hills, CA 91367 Tel: (818) 596-2201 Fax: (818) 346-6502 douglass@energyattorney.com ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate = and may contain confidential and privileged material for the sole use of th= e intended recipient (s). Any review, use, distribution or disclosure by ot= hers is strictly prohibited. If you are not the intended recipient (or auth= orized to receive for the recipient), please contact the sender or reply to= Enron Corp. at enron.messaging.administration@enron.com and delete all cop= ies of the message. This e-mail (and any attachments hereto) are not intend= ed to be an offer (or an acceptance) and do not create or evidence a bindin= g and enforceable contract between Enron Corp. (or any of its affiliates) a= nd the intended recipient or any other party, and may not be relied on by a= nyone as the basis of a contract by estoppel or otherwise. Thank you.=20 **********************************************************************
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