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Enron Mail |
Cc: tim.belden@enron.com, lysa.akin@enron.com
Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: tim.belden@enron.com, lysa.akin@enron.com X-From: "Fergus, Gary S." <GFergus@brobeck.com< X-To: "'Mary.Hain@enron.com'" <Mary.Hain@enron.com<, dwatkiss@bracepatt.com, Susan.J.Mara@enron.com, Richard.B.Sanders@enron.com, James.D.Steffes@enron.com, Christian.Yoder@enron.com, Jeff.Dasovich@enron.com, mday@gmssr.com, "Fergus, Gary S." <GFergus@brobeck.com<, rcarroll@bracepatt.com, Alan.Comnes@enron.com, Joe.Hartsoe@enron.com, Sarah.Novosel@enron.com X-cc: Tim.Belden@enron.com, Lysa.Akin@enron.com X-bcc: X-Folder: \Richard_Sanders_Oct2001\Notes Folders\All documents X-Origin: Sanders-R X-FileName: rsanders.nsf I just spoke with Mary to make sure we have the same information. Here are the facts we have so far. On November 4th, the CPUC filed a motion with FERC to adopt the form of protective order that the CPUC entered, to compel the production of documents and to shorten time to answer. According to Exhibit B (read to me by Nancy Pickover at Bracewell) the following CPUC moved against the following entities: AES, Williams, Duke, Dynegy, Reliant and Southern. Enron entities were NOT named in exhibit B. This is not to say that we could not be easily added to the group. While the motion reads as if the CPUC was moving against everybody, in fact, in footnote 2 they state they are only moving against the entities named in Exhibit B. We will have Exhibit B in hand first thing tomorrow via FEDEX to confirm this. To repeat, Enron is not named yet. Thanks Gary -----Original Message----- From: Mary.Hain@enron.com [mailto:Mary.Hain@enron.com] Sent: Tuesday, November 07, 2000 6:23 PM To: dwatkiss@bracepatt.com; Susan.J.Mara@enron.com; Richard.B.Sanders@enron.com; James.D.Steffes@enron.com; Christian.Yoder@enron.com; Jeff.Dasovich@enron.com; mday@gmssr.com; gfergus@brobeck.com; rcarroll@bracepatt.com; Alan.Comnes@enron.com; Joe.Hartsoe@enron.com; Sarah.Novosel@enron.com Cc: Tim.Belden@enron.com; Lysa.Akin@enron.com Subject: Important - CPUC Motion - Confidential Attorney Client Privilege and Work Product As you may already know, the CPUC filed a motion at FERC asking for a protective order and to compel production of the information they subpoened from us in the CPUC's OII case. Given the timing, we should discuss this on our conference call scheduled for tomorrow. They request that we be required: to answer their motion on Thursday, to provide the information within 5 working days of a FERC ordering production, and to provide of P&L information and spread sheets detailing our deals, specifically delivery point, delivery date, counterparty, volume and price. We may not have a problem providing this information for use by FERC in its proceeding subject to a confidentiality agreement but I think we would oppose their requests for: the information to be provided for "government eyes only" - this would prohibit EPMI from defending itself vis-a-vis other market participants. a FERC confidentiality order that would could allow FERC to "share" this information with the CPUC (for purposes of the PUC's OII proceeding) pursuant to 16 U.S.C. 824h©. 16 USC 824g© requires the Commission to make information available to state commissions as may be of assistance in state regulation of public utilities. We should argue that 16 USC 824h© does not apply here given that we are not a public utility nor does the PUC regulate how much market power wholesale marketers exercise or the level of market power mitigation (these are the bases the PUC provides for explaining why it should have this information.) the above contractual information to allow them to analyze the competitiveness of the forward market to evaluate the wisdom of the Commission's decision to allow the UDC's "unfettered access" to the forwards market. This argument is unpersuasive given that the CPUC can get information about the competitiveness of the forward markets from the Wall Street Journal's listing of NYMEX prices. ======================================================= This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, send an email to postmaster@brobeck.com BROBECK PHLEGER & HARRISON LLP http://www.brobeck.com
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