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Enron Mail |
Richard,
As requested, below please find language that I recommend be included in the Settlement. The first sentence preserves Enron's right to appeal the findings of an ADR proceeding that may emanate out of this matter to FERC or any competent court; as it turns out, this right is provided under Section 4.1 of the PX's Dispute Resolution Procedures. The second sentence is intended to preserve Enron's right in other proceedings (as we have done already) to challenge the legality of ISOs and PXs to conduct investigations such as the one that they have in this instance: "Nothing in this Settlement prejudices or limits Enron's rights under Section 4.1 of PX Tariff Schedule 9, Dispute Resolution Procedures, related to any ADR proceeding that may address the same subjects that are addressed in this Settlement. Moreover, although Enron has agreed not to seek review of the decision and order issued by the Chief Executive Officer in this proceeding based upon this Offer of Settlement, nothing in this Settlement prejudices Enron's right in other proceedings to challenge the CalPX's right, under United States federal law, the Federal Power Act, the Administrative Procedures Act, and applicable FERC regulations and decisions, to investigate allegations of improper market behavior and to issue findings and impose sanctions related to such investigations." Please let me know if I can be of further assistance. Ron
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