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Enron Mail |
This communication is intended for signatories of the Comprehensive
Settlement Agreement, and is confidential under Rule 51 of the Commission's Rules of Practice and Procedure. Please do not forward this e-mail to other parties. During a meeting with Comm. Bilas today, he confirmed what we had been previously advised, namely: He did not communicate with any of his colleagues regarding the PD, he is very disappointed at the limited scope of the PD, and knows it does not go as far as it should; he would support an alternate offered by another commission which adopted more or all of the CSA. He strongly urges parties to take their concerns about the PD to the other commissioners. He acknowledges it will be a tough sell. However, he does not have any communication from the Democratic commissioners on this issue either way, so he cannot predict their reaction with any certainty. The main reason for his issuance of the PD in this form appears to be that he felt that a more aggressive PD issued by a Wilson appointee would attract attacks simply because it was not offered by the new commissioner. Additional data points: Other key CPUC staff with access to President Lynch that I spoke with today urged us to meet with her, and to emphasize that the CSA does not result in a reduction in CPUC jurisdiction or regulatory control (like AB 1890 did) and to take our best shot at convincing her and Comm. Wood that customers, including core customers, may far much worse under the interim than under the CSA (particularly in view of the interstate capacity issues--as described by Mark Pocta of ORA on our recent conf. call). In addition, a fourth Commissioner (who will be around to vote next year) suggested similar tactics and offered support for such an effort. In light of this information, I suggest that we proceed to issue the letter as planned, and ask that all parties, including SoCalGas, quickly review the next draft to see if they can sign on. We would like to have as many of the CSA signatories as possible on the letter. I hope to get the new draft out today or early tomorrow. Please respond by COB Thursday or early on Friday. Next, I have asked for a meeting with Pres. Lynch. I would like other parties to attend as well (or schedule their own meetings). As soon as I get a date, I will advise. Bottom line: We urge parties to sign the letter and to file comments supporting adoption of the CSA. We need to meet with Lynch, and until and unless we get a firm "no", we should not assume the settlement is dead. We should file comments on the PD on Monday which at least list our objections to the PD and open the door for discussions on how to revive the CSA. If possible, we will try to arrange a conference call on Friday. Please call if you have any questions. Mike Day
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