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Enron Mail |
--------- Inline attachment follows --------- From: </O=3DENRON/OU=3DNA/CN=3DRECIPIENTS/CN=3DJDASOVIC< To: 'Dan Douglass' <douglass@energyattorney.com<, ARM <arem@electric.com<, = Vicki Sandler <vicki_sandler@apses.com<, Todd Torgerson <torgersont@epenerg= y.com<, Tamara Johnson <tjohnso8@enron.com<, Mara, Susan </O=3DENRON/OU=3DN= A/CN=3DRECIPIENTS/CN=3DSmara<, Steve Schleimer <sschleimer@calpine.com<, St= eve Huhman <steve.huhman@mirant.com<, Roger Pelote <roger.pelote@williams.c= om<, Rob Nichol <rsnichol@newwestenergy.com<, Randy Hickok <rjhickok@duke-e= nergy.com<, Peter Blood <PeterB@calpine.com<, Nam Nguyen <nam.nguyen@powers= rc.com<, Karen Shea <karen.shea@dynegy.com<, Jim Crossen <jcrossen@apx.com<= , Janie Mollon <jsmollon@newwestenergy.com<, Jack Pigott <jackp@calpine.com= <, Greg Blue <gtbl@dynegy.com<, George Vaughn <gavaughn@duke-energy.com<, G= ary Ackerman <foothillservices@mindspring.com<, Ed Cazalet <ed@cazalet.com<= , Denice Cazalet Purdum <dpurdum@apx.com<, Curtis Kebler <curtis_l_kebler@r= eliantenergy.com<, Curt Hatton <curt.hatton@neg.pge.com<, Corby Gardiner <j= cgardin@newwestenergy.com<, Charles Miessner <camiessn@newwestenergy.com<, = Carolyn Baker <cabaker@duke-energy.com<, Bill Ross <billr@calpine.com<, Ald= en Hoekstra <ahoekstra@semprasolutions.com<, Max Bulk <mbulk@apx.com< CC: Gregg Klatt <gregoryklatt@earthlink.net<, Ed Duncan <EDuncan2@arterhadd= en.com<, Erica.Manuel@edelman.com, 'Fairchild, Tracy' <tracy.fairchild@edel= man.com< Date: Tuesday, November 20, 2001 4:49:09 GMT Subject:=20 Thanks, Dan. I'm having a very difficult time seeing how Enron will have a= ny choice other than to vigorously (and respectfully) 1) decline to offer u= p any contracts and 2) assert our view that Karl Wood it is unfair to attem= pt to impose any quid pro quo, i.e., forcing folks to waive their due proce= ss rights by declining to hand contracts over to Karl. =20 Best, Jeff -----Original Message----- From: Dan Douglass [mailto:douglass@energyattorney.com] Sent: Tuesday, November 20, 2001 9:58 AM To: ARM; Vicki Sandler; Todd Torgerson; Tamara Johnson; Mara, Susan; Steve = Schleimer; Steve Huhman; Roger Pelote; Rob Nichol; Randy Hickok; Peter Bloo= d; Nam Nguyen; Karen Shea; Jim Crossen; Dasovich, Jeff; Janie Mollon; Jack = Pigott; Greg Blue; George Vaughn; Gary Ackerman; Ed Cazalet; Denice Cazalet= Purdum; Curtis Kebler; Curt Hatton; Corby Gardiner; Charles Miessner; Caro= lyn Baker; Bill Ross; Alden Hoekstra; Max Bulk Cc: Gregg Klatt; Ed Duncan; Erica.Manuel@edelman.com; 'Fairchild, Tracy' Subject: IMPORTANT ! ! Attached is a ruling issued yesterday by Commissioner Wood directing that E= SPs and customers file copies of direct access contracts with the Commissio= n by December 3. The contracts will be available to ALL other parties who = sign a "suitable" protective order. The Ordering Paragraphs read as follow= : 1. By December 3, 2001, any party who believes that it has a direct acc= ess contract or agreement potentially affected by an order to suspend direc= t access as of July 1, 2001 or a date earlier than September 20, 2001, shal= l submit a true and correct copy of each of the actual contracts or agreeme= nts along with any arguments as to the impact of such an order. A failure = to submit this information for the Commission's consideration will be consi= dered a waiver of the arguments related to claims involving the contracts a= nd agreements. Initially, the true and correct copy of each of the actual = contracts or agreements shall be filed under seal with the Commission's Doc= ket Office and served on Administrative Law Judge (ALJ) Robert Barnett.<?xm= l:namespace prefix =3D o ns =3D "urn:schemas-microsoft-com:office:office" /= < 2. Office of Ratepayer Advocates shall work with the parties who have e= xecuted direct access contracts or agreements to develop a proposed protect= ive order and nondisclosure agreement for Commission staff, which shall be = submitted to ALJ Barnett by December 3. =20 3. The electric service providers and customers who are parties shall w= ork with other parties and shall jointly submit a proposed protective order= and nondisclosure agreement that will cover parties other than Commission = staff by December 11, 2001.=20 4. Parties' supplemental comments to the comments they filed in respons= e to the October 23rd Assigned Commissioner Ruling shall be submitted by Ja= nuary 4, 2002. As a preliminary matter, of course, AReM and WPTF do not, in their own name= s, have direct access contracts. However, certain members of AReM and WPTF= are direct parties to the proceeding and need to consider what course they= wish to take. The group also needs to consider if they wish to fight this= Order on Constitutional or procedural grounds. I will be considering our = options and get back to you with more detail. However, as a very prelimina= ry analysis, it is evident that the Commission does not have jurisdiction o= ver either ESPs or the customers they serve. The request is also particula= rly outrageous because of the statements that, "A failure to submit this in= formation for the Commission's consideration will be considered a waiver of= the arguments related to the claims involving the contracts and agreements= " and "Parties to this proceeding may have access to these contracts and ag= reements after the appropriate protective order and nondisclosure agreement= s are in effect." The former is a likely denial of due process and the lat= ter exposes proprietary contracts and pricing information to ESP competitor= s and exposes sensitive pricing information to competitors of energy-depend= ent customers. =20 =20 Your thoughts would be appreciated. My initial reaction is that this is t= ime for ESPs and customer groups, such as CMTA, ABAG, CLECA, CIU, EPUC, SPU= RR, etc., to band together and fight this at multiple levels, from the Gove= rnor's Office on down, including in the media. Your thoughts would be very= much appreciated. =20 Dan =20 Law Offices of Daniel W. Douglass 5959 Topanga Canyon Blvd. Suite 244 Woodland Hills, CA 91367 Tel: (818) 596-2201 Fax: (818) 346-6502 douglass@energyattorney.com <mailto:douglass@energyattorney.com<
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