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Enron Mail |
Experts
Tom Lambert Dan Lamb confirmed with Tom Lambert that he has been retained. We will send him a check and get written engagement letter. FERC Developments From: Ronald Carroll [mailto:rcarroll@bracepatt.com] Sent: Friday, December 08, 2000 10:23 AM To: gfergus@brobeck.com; jhartso@enron.com; mary.hain@enron.com; rsanders@enron.com; smara@enron.com; mday@gmssr.com Subject: SCE Motion for Supoena to MSC On December, SCE filed a motion with FERC in which it request FERC to issue a subpoena for the production of documentary evidence to the ISO's Market Surveillance Committee. The subpoena seeks information related to the exercise of market power While FERC's regulations allow 15 days to file an answer to motion, I recommend that we file a response as soon as possible if this is something that we either wish to oppose or have conditions established. I an having a copy of the motion and subpoena faxed to you. Ron EOB Developments (Peter Meringolo) On December 4, 2000, the Electricity Oversight Board ("EOB") issued a subpoena to the ISO. (The EOB previously issued a subpoena to the ISO on July 20, 2000). The 12/4/2000 subpoena seeks data related to, among other things: actual transmission flow; scheduled outages; out-of-sequence calls; schedules, forecasts, and reserve information for Day Ahead and Hour Ahead; Ancillary Service bids; and information related to BEEP calls. It is my understanding that Enron must inform the ISO on Monday, December 11 whether or not it has any concerns with regard to confidentiality. The Chief Counsel of the EOB has stated that it "will maintain the confidentiality of individual market participant information that reflects proprietary business practices and that has been identified as confidential when submitted" to the EOB. The EOB can disclose to the PUC and AG if they agree to maintain confidentiality. This raises two questions: (1) Will the ISO be producing data that reflects Enron's "proprietary business practices?" (2) If so, who makes the confidentiality designation: Enron or ISO? In other words, does Enron intend to rely on the ISO's confidentiality designations, or should Enron seek an opportunity to review the data in order to make its own decisions regarding confidentiality before the production? To date, Enron has not objected to these requests from the various agencies investigating the electricity market. We believe the same strategy should be followed here. In other words, this does not appear to be a battle worth fighting. Calendar Dates Here is a summary of the immediate calendar dates: 12/4 Complaint Served 12/14 Last day for plaintiff to exercise preemptory challenge 12/14 Plaintiff may commence discovery by interrogatories, request for production or request for admissions 12/26 First day for plaintiff to serve notice of deposition 1/3/01 Last Day to plead in response to complaint Note: If Enron's first appearance is on 1/3/01, then the last date to file a preemptory challenge for Enron will be within 10 days after first appearance or 1/12/01. 1/29/01 Last day for plaintiff to serve complaint and file proof of servicre 4/30/01 Last day to hold case management conference. Investigation Report Materials They have been sent for Saturday delivery at the addresses indicated. Thanks Gary <<Calendared Dates.PDF<< ======================================================= 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 - Calendared Dates.PDF
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