Enron Mail

From:dwatkiss@bracepatt.com
To:jhartso@enron.com, richard.shapiro@enron.com, steven.kean@enron.com
Subject:Fwd: Supreme Court Action in FERC Cases
Cc:ginger.dernehl@enron.com
Bcc:ginger.dernehl@enron.com
Date:Mon, 26 Feb 2001 03:18:00 -0800 (PST)

Attached is Lou Cohen's (of Wilmer Cutler) write up of the Supreme Court's
grant of two petitions for certiorari in the appeals of FERC's Order No. 888
on transmission open access. While too much should never be read into a
grant of certiorari, this seems to be auspicious for Enron and to validate
Joe's conclusion that it would be imprudent for Enron to rest on its victory
in the court of appeals and not oppose proactively New York, et al. who are
asking the Court to expand the native load exception. It should also be
noted that the broadside against FERC's authority to act (the Dalton cert.
petition), which Enron took the lead in opposing, was rejected outright.
Enron's brief is due in 45 days. Joe and I shall meet with Lou early next
week to get this process started. Please call me if you have any questions.
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Message-ID: <C72E469FD563464EA42AC501F8CCB30704749473@dccl40.wilmer.com<
From: "Cohen, Louis" <LCohen@Wilmer.COM<
To: "Joe Hartsoe (E-mail)" <jhartso@enron.com<
Cc: "Jeffrey D. (Dan) Watkiss (E-mail)" <dwatkiss@bracepatt.com<, "Killory,
Ted" <TKillory@Wilmer.COM<, "Palansky, IJay" <IPalansky@wilmer.com<,
"Plotnick, Michael" <MPlotnick@wilmer.com<, "Cohen, Louis"
<LCohen@Wilmer.COM<
Subject: Supreme Court Action in FERC Cases
Date: Mon, 26 Feb 2001 11:35:04 -0500
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Here is a summary.? I included the cites just in case.? Let me know if you
need more.
?
The Supreme Court today granted two petitions for certiorari to review the
D.C. Circuit's decision in Transmission Access Policy Study Group v. FERC,
225 F.3d 667 (2000).? The Court granted the petition of New York and other
states (New York?v. FERC, No. 00-568)) to consider?whether FERC may preempt
state jurisdiction over transmission of energy from generators to retail
customers in the same state.? (The Court declined other questions?New
York?had raised.)? The Court also granted the petition of Enron Power
Marketing, Inc. (EPMI v. FERC, No. 00-809) to consider whether FERC has
jurisdiction to regulate all transmission in interstate commerce, including
transmission for bundled retail sales, and whether FERC is obligated under
the Federal Power Act to eliminate undue discrimination by requiring
transmission-owning utilities to provide service on the same terms to all
users, including bundled retail sales.? The cases will be argued together,
probably not before October 2001.