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The information contained in this e-mail message and any accompanying
documents is subject to the attorney-client privilege and/or the attorney work product rule and is confidential business information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient or representative of the recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please notify the Systems Administrator at admin@pkns.com and immediately delete this message from your system. Content-Transfer-Encoding: 7bit Received: from mail1.dsmo.com ([208.237.44.166]) by PKNS.COM; Tue, 05 Jun 2001 14:43:52 -0700 Received: from 172.16.1.207 by mail1.dsmo.com with ESMTP (Tumbleweed MMS SMTP Relay (MMS v4.7)); Tue, 05 Jun 2001 17:45:31 -0400 X-Server-Uuid: ea418ed0-eef0-11d3-b2e8-00a024e9ff30 Received: by EXDC with Internet Mail Service (5.5.2653.19) id <MJHDGG9R<; Tue, 5 Jun 2001 17:45:31 -0400 Message-ID: <C170490E40FAD1118DD900805FA7335F03FBFC66@EXCHANGEDC1< From: "Kleinman, Joel" <KleinmanJ@dsmo.com< To: "'alex.goldberg@williams.com'" <alex.goldberg@williams.com<, "'zack.starbird@southernenergy.com'" <zack.starbird@southernenergy.com<, tpg@stevensandoconnell.com cc: cjs@stevensandoconnell.com, mmolland@brobeck.com, tim.muller@williams.com, mlk@pkns.com Subject: Conversation with Larry Drivon Date: Tue, 5 Jun 2001 17:45:29 -0400 MIME-Version: 1.0 X-Mailer: Internet Mail Service (5.5.2653.19) X-WSS-ID: 17038D71673402-01-02 Content-Type: text/plain; charset=iso-8859-1 Larry and I spoke for ten minutes earlier this afternoon. The subpoenas have been authorized for the five generators plus Enron. They will be identical to the request of April 5. They will issue in "a couple of days." I declined to accept service for Duke, but requested a copy by fax (which he will provide). The subpoena provides 15 days for response. Regarding protective order, Larry "hates to say there is no flexibility," bu there is "not much." Disclosure to the Attorney General is just one of a number of issues. It is very unlikely that we could negotiate from the draft order we provided to the Committee. He suggested that we revisit the form of "agreement" he offered a month ago, but I told him that Duke individually (and, I believed, others as well) had rejected that notion. I also deflected his suggestion that we revisit the notion of a "Sacramento depository." I then inquired whether they are stil interested in working our way through the paragraphs of the subpoena. I suggested that knowing what the Committee wants might be useful in addressing protective order issues with a court. Larry responded that he had anticipated doing that on May 3, but time did not permit. He thinks we should see whether we can put requests into three piles: "yes," "no" and "lets fight." I told him that some might be legitimately pessimistic, given the fact that the Committee reneged on its commitments regarding a protective order, but that I would pass the information on. I think we need a further conference call. We should decide whether to avail ourselves of the opportunity to discuss the subjects first before we address confidentiality. Please check the circulation list on this email, and forward as you think appropriate. Joel Kleinman ============================================================================Th is e-mail message and any attached files are confidential and are intended solely for the use of the addressee(s) named above. This communication may contain material protected by attorney-client, work product, or other privileges. If you are not the intended recipient or person responsible for delivering this confidential communication to the intended recipient, you have received this communication in error, and any review, use, dissemination, forwarding, printing, copying, or other distribution of this e-mail message and any attached files is strictly prohibited. If you have received this confidential communication in error, please notify the sender immediately by reply e-mail message and permanently delete the original message. To reply to our email administrator directly, send an email to postmaster@dsmo.com Dickstein Shapiro Morin & Oshinsky LLP http://www.legalinnovators.com
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