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Enron Mail |
Cc: wayne.gresham@enron.com, robert.quick@enron.com, richard.sanders@enron.com,
becky.zikes@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: wayne.gresham@enron.com, robert.quick@enron.com, richard.sanders@enron.com, becky.zikes@enron.com X-From: Britt Davis X-To: Harry Papadopoulos, Heidi Mason, David Minns X-cc: Wayne Gresham, Robert Quick, Richard B Sanders, Becky Zikes X-bcc: X-Folder: \Richard_Sanders_Dec2000\Notes Folders\All documents X-Origin: Sanders-R X-FileName: rsander.nsf PRIVILEGED AND CONFIDENTIAL: ATTORNEY-CLIENT COMMUNICATION, ATTORNEY WORK PRODUCT--URGENT Harry, Heidi and David, The above-referenced lawsuit is filed in the Southern District of New York by PT Kaltim Rima Coal, who allegedly had a long-term coal purchase agreement with AES Barbers Point, for delivery to AES in Hawaii. In brief, PT contends that AES breached that agreement through the use of a bogus force majeure letter, in order to allow AES to purchase coal from some Enron entity at a cheaper spot market price in September or October of this year. PT's attorneys, Lord, Bissell & Brook out of Chicago, have served us with a subpoena on Enron Coal Company. How they decided that Enron Coal Company was the correct entity is not something I yet know. I have been advised that Enron Coal Company is a long-dormant subsidiary of Enron Property. Although using Enron Coal Company's name throughout, the subpoena also references Harry, Riaz Rizvi, Allen Childress, Stuart Staley and/or John Bowman. I understand that we probably did do a deal (maybe more than one) with AES, but need to be corrected if I am wrong. The subpoena requests that a corporate representative for Enron Coal Company appear with documents on January 8 in Houston to be deposed about the deal with AES. I would like to respond tomorrow, by telefax, to PT's attorneys and advise that Enron Coal Company is the wrong company. If all I do is stall them, however, they can yank the information from us the hard way (assuming that we did do the deal in question) and eventually get what they want. The suit is for about $4,000,000, so it is worth the while of PT's attorneys to pursue this subpoena. Accordingly, I need one of you to tell me as soon as possible whether (a) we did such a deal with AES during the relevant time frame, and if so, the exact name of the Enron entity on the deal; (b) who the trader on the deal was; and, © who has the documents regarding the deal. Although I have briefly described the information I need, I also need to get the name of the right person to telefax the subpoena to for review, to see how broad the scope of the request for documents/witnesses really is. I would greatly appreciate this preliminary information by the close of business tomorrow, Thursday, in London/Australia. I apologize for the extremely short time frame. I was only given this subpoena last Friday, and have spent the days since chasing people down. Please don't shoot the messenger. Britt ----- Forwarded by Britt Davis/Corp/Enron on 12/13/2000 03:17 PM ----- Stuart Staley@ECT 12/13/2000 02:15 PM To: Britt Davis/Corp/Enron@ENRON cc: Robert Quick/LON/ECT@ECT, Wayne Gresham/HOU/ECT@ECT Subject: Re: subpoena Britt: Harry Papadopoulos, Heidi Mason, or David Minns in our Sydney office should have originals of this documentation. Thks, Stu
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