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Move forward. I still believe that we should argue that the FERC model of these costs is inappropirate and discriminatory - letting only generators include these costs.
Jim -----Original Message----- From: Alvarez, Ray Sent: Fri 9/28/2001 2:04 PM To: Steffes, James D. Cc: Shapiro, Richard; Robertson, Linda Subject: CA Refund Proceeding- NOx Issue At my suggestion, and in consultation with Seabron Adamson, one issue we are exploring is how we can deduct our NOx costs from any refund that may be deemed to be due, or make an offer of proof if the Judge doesn't go for it. The generators will be of no help with this, since they have a credit mechanism in the July 25 order that keeps them whole. Marketers do not. Seab advises that NOx will have a very substantial impact on prices, especially before spring 2001 when the rules were loosened by state order. In order to proceed, we will need to get a source of data on NOx prices. I have touched base with Alan Comnes and Mary Schoen on this. If the idea pans out, we would have to retain an expert. I will keep you apprised on the need for an expert. Would also expect that we would want the Marketer Group to kick in before retaining an expert. What are your thoughts on this? Ray -----Original Message----- From: Dan Watkiss [<mailto:dwatkiss@bracepatt.com<] Sent: Friday, September 28, 2001 2:31 PM To: Alvarez, Ray Subject: RE: Meeting next week Ray, should probably check with the home office about whether Enron is interested in fronting this financially alone or whether they want to get a commitment from the marketer group before moving ahead. Let me know. Jeffrey D. (Dan) Watkiss Bracewell & Patterson, LLP 2000 K St., N.W. Suite 500 Washington, D.C. 20006-1872 (202) 828-5851 dwatkiss@bracepatt.con jdwatkiss@aol.com <<< "Alvarez, Ray" <Ray.Alvarez@ENRON.com< 09/28/01 02:26PM <<< Forwarded the first lead to you this morning- Gary S. Rubenstein of SIERRA RESEARCH. I'm waiting to hear back from Mary Schoen for more leads. -----Original Message----- From: Dan Watkiss [<mailto:dwatkiss@bracepatt.com<] Sent: Friday, September 28, 2001 12:41 PM To: Alvarez, Ray; seabron.adamson@frontier-economics.com Cc: gfergus@brobeck.com Subject: RE: Meeting next week I have a conference room reserved and will certainly be back from the Court argument by then. Ray, it would be helpful if, by then, you have some leads from Alan on experts in California NOx trading. Jeffrey D. (Dan) Watkiss Bracewell & Patterson, LLP 2000 K St., N.W. Suite 500 Washington, D.C. 20006-1872 (202) 828-5851 dwatkiss@bracepatt.con jdwatkiss@aol.com <<< "Alvarez, Ray" <Ray.Alvarez@ENRON.com< 09/28/01 10:52AM <<< Seab, OK by me. Ray -----Original Message----- From: Seabron Adamson [<mailto:seabron.adamson@frontiereconomics.com<] Sent: Friday, September 28, 2001 9:39 AM To: Alvarez, Ray; dwatkiss@bracepatt.com Cc: gfergus@brobeck.com Subject: Meeting next week Dan/Ray: How about 2:30 at Bracewell next Wednesday (Oct. 3rd)? I am arriving at Dulles at 1:25 p.m. which should get me into town by then (unless National re-opens in which case I'll go that way and will make it easily...). Gary - I assume you'll still be back on the West Coast but I've copied you anyway just in case your plans change. Seab This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify me at (617) 354-0060 and permanently delete the original and any copy of any e-mail and any printout thereof. Seabron Adamson Frontier Economics Inc Two Brattle Square Cambridge, MA 02138 USA Ph: (617) 354-0060 Fax: (617) 354-0640 seabron.adamson@frontier-economics.com www.frontier-economics.com ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate and may contain confidential and privileged material for the sole use of the intended recipient (s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender or reply to Enron Corp. at enron.messaging.administration@enron.com and delete all copies of the message. This e-mail (and any attachments hereto) are not intended to be an offer (or an acceptance) and do not create or evidence a binding and enforceable contract between Enron Corp. (or any of its affiliates) and the intended recipient or any other party, and may not be relied on by anyone as the basis of a contract by estoppel or otherwise. Thank you. **********************************************************************
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