PaPUC assessment of $147,000 to Enron

Vicki & Evan --

Please see the e-mail trail below. The PAPUC has assessed EES $147,000 for its costs. We intend to protest. Do you have any idea of who this bill would go to?

Jim

-----Original Message-----
From: Hoatson, Tom
Sent: Sunday, September 02, 2001 10:09 AM
To: Nicolay, Christi L.; Montovano, Steve
Cc: Steffes, James D.; 'kmoody@wolfblock.com'; Moore, Janet H.
Subject: RE: ASAP!! EES' objections to PaPUC assessment of $147,000

I will talk with Kevin on Tuesday (we have traded phone calls) and get this done. I may need some help in identifying who in EES might have the assessment and fax it to Kevin. I will keep you informed.

-----Original Message-----
From: Nicolay, Christi L.
Sent: Friday, August 31, 2001 5:24 PM
To: Hoatson, Tom; Montovano, Steve
Cc: Steffes, James D.; 'kmoody@wolfblock.com'; Moore, Janet H.
Subject: ASAP!! EES' objections to PaPUC assessment of $147,000

Tom/Steve -- Janet Moore (the ENA attorney) is on vacation, so cannot handle. I do not know if Enron has received the assessment, but in an abundance of caution, this objection probably needs to be filed on Tues. 9/4 (per Kevin Moody). Please call me if one of you knows about this and can take care of it, otherwise I'll get it done on Tues.

Jim --do you know who at EES may have gotten this. MAIN THING IS THAT THE VERIFICATION NEEDS TO BE DONE--CURRENTLY IN TOM HOATSON'S NAME. (Also, may need an RCR)
Thanks. Christi wk 713-853-7007 home 713-853-7007

-----Original Message-----
From: Kevin J. Moody [mailto:KMoody@wolfblock.com]
Sent: Friday, August 31, 2001 4:17 PM
To: Nicolay, Christi L.
Subject: Enron Energy Services' objections to PaPUC assessment

Christie, below is the message I sent to Tom. Attached are the objections. I'll call you Tuesday morning to see where things stand on this.
____________________________________

Tom, the PaPUC has recently assessed gas marketers for the regulatory expenses for the PUC, the OCA and the OSBA. Enron Energy Services' assessment for all three is $147,277.

Unless you tell us to the contrary, we assume that you want us to file objections to the assessments. Attached are objections that we have prepared. Can you please fax us a copy of the assessment notice Enron received? We believe the assesments may have been received around 8/19-8/21.

Objections must be filed within fifteen (15) days of receipt of the assessment notice. The 15-day objection period begins on the date the certified mail return receipt is signed. If the 15th day falls on a weekend or a legal holiday, the last date for filing is extended to the next business day.

The statutes require the assessments to be paid within 30 days of receipt, even though objections are filed. The payments must be made "under protest" in order to be refunded under the statutory procedure, which we believe is inadequate.

We are attempting to avoid the payment obligation thru a preliminary injunction request in Commonwealth Court, but we have no assurance that the court will act before the 30th day for payment. If not, the assessment must be paid under protest. If necessary, we will provide a cover letter for the protest payment to the PUC.

Please call me if you have any questions or comments. Thanks.

Kevin J. Moody, Esq.
Wolf, Block, Schorr and Solis-Cohen LLP
212 Locust Street, Suite 300
Harrisburg, PA 17101
(717) 237-7187
(717) 237-7161 (fax)

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