Williams, Southern, Reliant and AES have filed motions to make the
protective order significantly stricter, and to stay the production of
documents until the protective order issues are resolved. These generators
are taking a much harder line. Counsel for Southern has advised me that
some of the generators may challenge a large part of the data request on
grounds of jurisdictional, burden, and trade secret intrusion. It seems to
me that it may be best to let the generators fight for a stronger protective
order, and not take their side at this time. We might well want to consider
proposing a "most favored nations clause" in our letter to the CPUC tomorrow
in order to take advantage of what ever tighter protective order is
eventually agreed to. Generally, I feel the generators' stance will allow
us to be right where we want to be, not out front leading the charge, not
turning over everything right away, but instead making "just enough" of a
production to avoid being the center of attention.
I will forward the generators' pleadings to you as attachments to this
e-mail. Gary, I believe, already has them.
Mike Day
-----Original Message-----
From:
msmith1@enron.com [mailto:
msmith1@enron.com]
Sent: Thursday, October 05, 2000 12:58 PM
To:
MDay@GMSSR.comCc:
MDay@GMSSR.comSubject: RE: Cal PUC Subpoenas
Brings up another question--what is our current conventional wisdom about
the protective order and do we plan to seek a stronger one? Thanks.
MBD <
MDay@GMSSR.com< on 10/05/2000 10:55:44 AM
To: "'Mike D Smith'" <
msmith1@enron.com<, MBD <
MDay@GMSSR.com<, Richard B
Sanders <
Richard_B_Sanders@enron.com<, Mary Hain
<
Mary_Hain@enron.com<
cc: James E Keller <
jkeller@enron.com<, "'
gfergus@brobeck.com'"
<
gfergus@brobeck.com<
Subject: RE: Cal PUC Subpoenas
We know that some generators, such as Reliant, are planning to turn over to
the CPUC most of the data being requested, after trying to obtain a more
restrictive protective order. Many other parties are just beginning to
deal
with the process and are only at the stage of asking for two week
extensions. We are trying to gather additional data about other retail
marketers. Mike Day
-----Original Message-----
From: Mike D Smith [mailto:
msmith1@enron.com]
Sent: Thursday, October 05, 2000 8:24 AM
To:
mday@gmssr.com; Richard B Sanders; Mary Hain
Cc: James E Keller
Subject: Cal PUC Subpoenas
Do we have any information about what our competitors are doing in response
to
these subpoenas? I recall that the generators had been getting together to
discuss response strategies and I wonder if anything like that is being
done
on
the marketer side. Thanks.
- mo2mod.pdf
- SpecApp.pdf
