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Bob -- Having read through his notes from the CEA negotiations, Ken now
agrees that this was the intent of Congress. Ken continues to believe that there is "zero interest" in Congress in fixing this problem (I would ask Chris to confirm this). Therefore, you are right -- the rulemaking process will be critical. I suggest a short conference call (with or without Ken) this week to discuss our strategy. If we want Ken to join us, he's available Tues and Thurs. I think it would be helpful for Ken to participate. Lisa Robert Bruce Sent by: Robert Bruce 01/26/2001 12:35 PM To: Mark Taylor/HOU/ECT@ECT cc: Chris Long/Corp/Enron@ENRON, Lisa Yoho/NA/Enron@Enron Subject: Speech by CFTC's Paul Archietzel I just got off the phone with Bill Nissen. He is at an ABA seminar at which Paul Archietzel spoke today. Mr. Archietzel is with the CFTC's Division of Economic Analysis and (Bill believes) is very involved in rule drafting and promulgation. According to Bill, Mr. Archietzel stated in his speech that he believes it was no accident that Congress referred to "agricultural commodities" (rather than the enumerated grains and meats) in the CFMA when establishing which commodities will continue to be subject to full regulation. Mr. Archietzel also expressly stated that there is at least a possibility that pulp and paper would be considered "agricultural commodities" as used in the CFMA. Obviously, then, the upcoming rulemaking process could be of critical importance to our pulp and paper business as well as our agriculture business. We will clearly need to monitor the process very closely, and strongly consider getting involved in the comment process. Robert E. Bruce Senior Counsel Enron North America Corp. T (713) 345-7780 F (713) 646-3393 robert.bruce@enron.com
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