FW: Court Order on MAPP Refund Appeal

Has East Power recognized the 750k refund?

-----Original Message-----
From: Novosel, Sarah
Sent: Tuesday, June 19, 2001 5:43 PM
To: Presto, Kevin M.; Clynes, Terri; Baughman, Edward D.; Geoffrey_allen@enron.net; Reck, Daniel; Nicolay, Christi; Steffes, James; Robertson, Linda; Shapiro, Richard; Kean, Steven; Mangskau, Dave; Migden, Janine; Stroup, Kerry
Subject: Court Order on MAPP Refund Appeal

The Court of Appeals for the DC Circuit issued a decision today upholding FERC's order requiring MAPP to provide refunds to transmission customers on MAPP's system. As you may recall, in response to EPMI's 1997 complaint against MAPP regarding the unauthorized assessment of third party compensation charges assessed on import and export transactions, FERC ordered MAPP (and its utility members) to pay refunds to customers. EPMI's refund, including interest, was $750,000.

The utilities appealed FERC's order, arguing that FERC erred in ordering refunds. EPMI filed a counter-appeal, arguing that FERC did not go far enough and the refunds should have been greater. Our primary goal in filing the appeal was to counteract the utilities' argument and give the Court the other side of the story.

Although the Court did not grant EPMI's appeal, we're very pleased that the Court rejected the utilities' argument to revoke the refunds. Now, unless the utilities appeal this to the Supreme Court (which is highly unlikely), EPMI's refund will no longer be subject to dispute.

Please let me know if you have any questions.

Sarah