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Enron Mail |
I guess I should assert some credit for the legislative outcome is well.
----- Forwarded by Robert Frank/NA/Enron on 03/13/2001 05:07 PM ----- Robert C Williams/ENRON@enronXgate 03/13/2001 03:38 PM To: Rob Walls/ENRON@enronXgate, Vicki Sharp/HOU/EES@EES, James Derrick/ENRON@enronXgate cc: Robert Frank/NA/Enron@Enron Subject: Baltimore Gas & Electric v. Enron Federal Solutions In a 48-page opinion issued on March 12, United States District Court Judge Andre Davis granted EFSI's motion for summary judgment and dismissed BG&E's lawsuit. BG&E was seeking a ruling that nonregulated companies should not be permitted to provide utilty services to federal armed services bases located within state territory. Along with Friday's dismissal of the Colorado suit brought by Colorado State Utilities, this should end this threat to EFSI's business. The only judicial challenge that remains is the lawsuit filed by Virginia Power at the Federal Court of Claims, and the issue in that lawsuit relates solely to bundling. Moreover, there is language in Judge Davis' decision (on the non-retroactivity of the October Hexley amendments to section 2688) that, if followed by the Federal Court of Claims, will be dispositive of that issue as well. The Venable firm, primarily Jim Shea and Mitch Mirviss, did an outstanding job briefing and arguing this case. However, as the Judge noted in his decision, had Congress passed the House version of the Hexley amendment, the Judge would have been obliged to rule in BG&E's favor. Cynthia Sandherr and Bob Frank are responsible for getting the language changed in conference so that it ended up helping, not defeating, our case. I will let you know if BG&E appeals. Please call me with any questions. Thank you.
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