Re: Dig up in Texas by PFNet

----- Forwarded by Richard B Sanders/HOU/ECT on 07/13/2000 12:43 PM -----

"John W. Odam" <jodam@swbell.net<
06/30/2000 12:40 PM

To: Brad_Cheney@enron.net
cc: "Richard B. Sanders" <Richard.B.Sanders@enron.com<
Subject: Re: Dig up in Texas by PFNet

Brad:

First, let me say yes, if you want me to, I can write the company and "put
them on notice" that you will invoice them. Also, alert them that we would
consider court action if it occured again. Let me know and I will proceed.

Second, yes, we could file an injunction if necessary Obviously that would
involve more time and expense, hearing, probably opposition by the other
company and see what a court would do. We could use as grounds they have
already done it, are working in the area and, unless under court order to
stay a distance away, would be likely do it again. Also, we could ask for
damages for everything involved by EBS, repair, disruption, etc.

Both of these are things that Richard Sanders would have a view on I am
sure, so I am cc'ing him on this. Again, let me know what you would like to
do re court action.

I will await hearing from you.

John
----- Original Message -----
From: <Brad_Cheney@enron.net<
To: <jodam@swbell.net<
Cc: <richard_sanders@enron.net<; <Bob_VanOrder@enron.net<;
<David_Rawlings@enron.net<; <Bob_Martin@enron.net<;
<David_Leatherwood@enron.net<
Sent: Thursday, June 29, 2000 10:48 AM
Subject: Dig up in Texas by PFNet

<
<
< John,
< We were dug up at two locations between Liberty and Beaumont
by a
< contractor working for PF Net on Monday, June 26. The contractor was
Dan-Rik
< Construction Company out of Lafayette, La. The contractor hit and
damaged our
< facility at two locations, one being between our existing splice # 1 and
splice
< #2, three thousand feet of China. The other location is under a canal,
in the
< same vicinity.
<
< The contractor contact information is : Dan Rik Construction Company
<
PO
< Box 92868
<
< Lafayette, La. 70509
<
<
< Tel: 318.232.2488
<
< They are a sub-contractor to: Manuel Brothers, Inc.
< 908 Taylorville
Road,
< Ste. 104
< Grass Valley,
Ca.
< 95949
<
< Tel:
530.272.4213
<
< We are in the process of restoring our facilities and will invoice
'Dan Rik
< Construction' all costs associated with the restoration. PF Net is
following
< our route through Texas into Louisiana and I am concerned about dig-ups
that may
< occur bwtween China and the Louisiana border. Is an injunction the only
way to
< keep them a safe and reasonable distance from our facitlity? Can we
somehow put
< them on notice that we won't tolerate any future dig-ups and that if they
do
< damage our facility, we will replace it from splice to splice at their
expense?
< Please let me know.
<
< Thank you.
<
< Brad Cheney
<
<
<