Draft EPSA Brief to the Supreme Court in Appeal of Order 888

MEMORANDUM

TO: Regulatory Affairs Committee
Power Marketers Working Group

FROM: Joe Hartsoe, Regulatory Affairs Committee Chair
Bob Reilley, Power Marketers Working Group Chair
Julie Simon, Vice President of Policy

DATE: April 10, 2001

RE: Draft EPSA Brief to the Supreme Court in the Appeal of
Order No. 888
? Comments due by Friday, April 13th

Attached is a draft of the brief EPSA's counsel has drafted for filing in
support of Enron's position in the U.S. Supreme Court appeal of Order No.
888. EPSA's brief focuses on how FERC's failure to assert jurisdiction over
interstate transmission bundled with retail power sales creates a regulatory
gap that allows vertically integrated utilities substantial competitive
advantages and creates incentives for discrimination.

Please review the draft brief and provide written comments to Julie Simon at
202-628-8200 or jsimon@epsa.org by close of business on Friday, April 13th.
The brief must be filed with the Court on Thursday, April 19th, but we need
to allow adequate time from printing to the Court's specifications. If you
have any questions or concerns, please contact Julie.

Attachment

- Supreme Court Brief.doc