RE: AReM/WPTF Updated Draft Filing Concerning the Proposed Decisions on Direct Access and the PX Credit

Here is my view on the comments. The ARM comments cover most of the
territory we would want to cover, but they do not spend enough time
explaining that the Barnett conclusion about "credits only not cash" is the
result of a flawed interpretation of the original stipulation. The comments
also do not raise the points in Bob Williams' email from two days ago,
namely that the conclusion that only credits are available is counter to the
course of performance and practice by the parties, and that the decision is
procedurally flawed for providing relief beyond that requested in the Edison
petition, thereby denying the other parties due process. These elements
could be added to the comments.

Secondly, however, the comments tee up very clearly the fact that we have an
outstanding complaint on these issues and say that the decision could hurt
our chances for recovery. Bob had recommended that we down play these
issues to avoid enticing our enemies at the Commission. The ARM comments
explicitly indicate that this order will prejudge our complaint case, which
I do not believe we would want to admit in any event.

In conclusion: the ARM comments should not be used as the sole vehicle all
the above changes are made. If the changes are made, we can go with those
comments. Otherwise, I would suggest sticking with the comments we are
preparing, adding more information about our due process objections and
arguing strongly for a bifurcation of the issues. This would both support
ARM and allow us to make a more focused pitch to defer the cash or credit
issue.

Please call me at 415-279-0702 to let me know how you would like to proceed.
Mike Day

-----Original Message-----
From: Harry.Kingerski@enron.com [mailto:Harry.Kingerski@enron.com]
Sent: Friday, June 22, 2001 2:05 PM
To: mday@gmssr.com
Subject: AReM/WPTF Updated Draft Filing Concerning the Proposed
Decisions on Direct Access and the PX Credit

----- Forwarded by Harry Kingerski/NA/Enron on 06/22/2001 04:04 PM -----

Susan J Mara

To: Robert C
Williams/Enron@EnronXGate
06/22/2001 cc: Steven J
Kean/NA/Enron@Enron, Jeff Dasovich/NA/Enron@Enron,
10:02 AM James D Steffes/NA/Enron@Enron,
Harry Kingerski/NA/Enron@Enron, Vicki
Sharp/HOU/EES@EES, Wanda
Curry/HOU/EES@EES, Paul
Kaufman/Enron@EnronXGate

Subject: AReM/WPTF Updated
Draft Filing Concerning the Proposed
Decisions on Direct Access and the
PX Credit

Here is the updated draft of joint WPTF and AReM comments.

Sue Mara
Enron Corp.
Tel: (415) 782-7802
Fax:(415) 782-7854
----- Forwarded by Susan J Mara/NA/Enron on 06/22/2001 07:58 AM -----

"Dan Douglass"

<douglass@eart To: "Tamara Johnson"
<tjohnso8@enron.com<, "Robert Berry"
hlink.net< <berry@apx.com<, "Denice Cazalet
Purdum" <dpurdum@apx.com<, "Ed
Cazalet" <ed@cazalet.com<, "Bill
Ross" <billr@calpine.com<, "Bob
06/21/2001 Anderson"
<Bob_Anderson@apses.com<, "Carolyn Baker"
07:17 PM <cabaker@duke-energy.com<,
"Charles Miessner"
<camiessn@newwestenergy.com<,
"Corby Gardiner"
<jcgardin@newwestenergy.com<,
"Curt Hatton" <curt.hatton@neg.pge.com<,
"Curtis Kebler"
<curtis_l_kebler@reliantenergy.com<, "Gary Ackerman"
<foothillservices@mindspring.com<,
"George Vaughn"
<gavaughn@duke-energy.com<, "Greg
Blue" <gtbl@dynegy.com<, "Jack
Pigott" <jackp@calpine.com<,
"Janie Mollon"
<jsmollon@newwestenergy.com<,
"Jeff Dasovich"
<jeff.dasovich@enron.com<, "Joe
Paul" <jmpa@dynegy.com<, "Nam Nguyen"
<nam.nguyen@powersrc.com<, "Randy
Hickok" <rjhickok@duke-energy.com<,
"Rob Nichol"
<rsnichol@newwestenergy.com<, "Roger Pelote"
<roger.pelote@williams.com<,
"Steve Huhman" <steve.huhman@mirant.com<,
"Sue Mara"
<susan_j_mara@enron.com<, "Vicki Sandler"
<vicki_sandler@apses.com<, "ARM"
<arem@electric.com<
cc:

Subject: Draft Filing
Concerning the Proposed Decisions on Direct
Access and the PX Credit

Attached for your review and comment is a proposed Joint Filing to be made
by the Alliance for Retail Energy Markets and the Western Power Trading
Forum concerning the draft decisions of ALJ Barnett and Commissioner
Bilas.

Comments would be appreciated as soon as possible, as this filing must be
made on Monday.? Thanks!

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

(See attached file: Blank Bkgrd.gif)
(See attached file: 6-25-01 Joint Comments - Draft 1.doc)