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Enron Mail |
If we appeal and win it will be helpful to our claim against TVA related to
the control area dispute. . While we have not heard it yet, TVA will argue that although TVA did not use the same rational as Entergy to deny parking, Enron has no damages because of the FERC ruling. What are our chances of winning? By copy of this e-mail I will ask our outside counsel, Bob Madden, to comment on how he thinks the FERC ruling can and will be used against us. Christi L Nicolay 08/10/2000 04:27 PM To: Joe Hartsoe/Corp/Enron@Enron, Sarah Novosel/Corp/Enron@Enron, Donna Fulton/Corp/Enron@ENRON, Elizabeth Sager/HOU/ECT@ECT, Richard B Sanders/HOU/ECT@ECT cc: Subject: Entergy s&s Do you think we should appeal Entergy source and sink FERC order? While I think it is a poorly written order that shows a lack of understanding of the issue, I'm not sure that we can win on appeal or that it is worth appealing, since we would not recover our damages against ComEd and TVA for this summer while the order is in effect. It would be helpful next summer to be able to park in ComEd and TVA, since the RTOs will not be running in all likelihood. Elizabeth/Richard -- Is there a reason in the TVA litigation that we need to appeal the decision? Otherwise, Joe, should we get Dan W. to draft a memo on chances of success or other reasons for filing an appeal?
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