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Enron Mail |
Got it. The sure-fire way to get me is at "jdasovic@enron.com." Thanks.
Best, Jeff =09"Daniel Douglass" <douglass@ArterHadden.com< =0910/19/2000 10:37 AM =09=09=20 =09=09 To: <Jeff_Dasovich@enron.com< =09=09 cc:=20 =09=09 Subject: Fwd: Email Glitch Jeff, let me know if you receive this message. Sue Mara asked me to copy y= ou=20 on all emails to the WPTF Board, but I have recently been having everything= =20 returned for you. Hope all is well. =20 Dan ----- Message from "Daniel Douglass" <douglass@ArterHadden.com< on Thu, 19= =20 Oct 2000 11:32:55 -0400 ----- To:=09"Barbara Klemstine" <Barbara_Klemstine@apsc.com<, "Bob Anderson"=20 <Bob_Anderson@apses.com<, "Robert Berry" <berry@apx.com<, "Denice Cazalet"= =20 <dcazalet@apx.com<, "Bill Ross" <billr@calpine.com<, "Jack Pigott"=20 <jackp@calpine.com<, "Gene Waas" <glwaas@calpx.com<, "Ken Czarnecki"=20 <Ken_Czarnecki@calpx.com<, "Carolyn Baker" <cabaker@duke-energy.com<, "Rand= y=20 Hickok" <rjhickok@duke-energy.com<, "Greg Blue" <GTBL@dynegy.com<, "Kent=20 Wheatland" <KEWH@dynegy.com<, "Jeff Dasovich" <j_dasovi@ect.enron.com<,=20 "Roger Pelote" <rpelote@energy.twc.com<, "Susan Mara"=20 <susan_j_mara@enron.com<, "Curt Hatton" <curt.Hatton@gen.pge.com<, "Gary=20 Ackerman" <foothill@lmi.net<, "CHARLES A MIESSNER"=20 <camiessn@newwestenergy.com<, "Corby Gardiner" <jcgardin@newwestenergy.com<= ,=20 "Rob Nichol" <rsnichol@newwestenergy.com<, "Curtis Kebler"=20 <curtis_l_kebler@reliantenergy.com<, "Rob Lamkin"=20 <rllamkin@seiworldwide.com<, "Carl Imparato" <cfi1@tca-us.com< Subject:=09Email Glitch Have just discovered that some emails sent to the board earlier this week d= id=20 not go through and got hung up in cyberspace. Most dealt with the emergenc= y=20 petitions for modification filed by Edison and PG&E and the data request fo= r=20 financial information which ALJ Minkin issued. This is the first, which we= nt=20 out on Monday: =20 SDG&E has filed an initial response to ALJ Minkin's Ruling which first=20 requests that the utility should not be subject to the information request= =20 which stemmed from the SCE and PG&E emergency petitions. If the Commission= =20 is unwilling to do so, the utility next informs the Commission of its=20 intention not to respond fully to the request. The crux of the opposition = is=20 as follows:=20 =20 "However, neither Rule 1 nor the Public Utilities Code require SDG&E to wai= ve=20 certain fundamental due process rights pertaining to its discovery=20 obligations. Specifically, simply because the information is requested in = an=20 ALJ ruling as opposed to alternative discovery mechanisms does not require= =20 SDG&E to produce confidential, proprietary, competitively sensitive=20 information belonging to its affiliates which information is neither=20 pertinent to a transaction between SDG&E and an affiliate nor in the=20 possession of SDG&E. A number of the informational demands in the ALJ Ruli= ng=20 fall squarely within this context and therefore are not appropriate for=20 discovery purposes." =20 The utility then states that: =20 "In an effort to cooperate with the Commission and the ALJ to provide for= =20 Commission inspection relevant information reasonably calculated to lead to= =20 the discovery of admissible evidence, SDG&E will provide affiliate=20 information responsive to the ALJ=01,s informational demands to the extent = that=20 the information relates to a transaction with SDG&E (i.e. falls within the= =20 scope of PUC section 314(b)), the information is public information (not=20 confidential and proprietary to the affiliate), or the information is a=20 matter of public record." =20 SDG&E responses to information demands a, b, c, d, f, g, i, k, q, and bb we= re=20 attached to the filing and will be provided to other parties who request th= em=20 (I have requested a copy be sent to us) [Note...it has arrived]. Finally,= =20 the utility then itemizes the following items of information which it will= =20 not provide: =20 "m. An itemization of funds paid to and amounts billed by the California PX= =20 by each utility affiliate for each month in 2000; n. An itemization of funds paid to and amounts billed by the California ISO= =20 by each utility affiliate for each month in 2000; p. An itemization of funds paid to and amounts billed by any entity other= =20 than the California ISO or PX for power purchased in California by each=20 utility affiliate; [under the assumption that "any entity" includes SDG&E,= =20 the information related to any SDG&E transaction(s) will be provided]=20 r. An itemization of revenues received from the California PX for power=20 purchase sales in California by utility affiliates for each month in l999 a= nd=20 2000; t. Revenues received from the California ISO for power purchase sales in=20 California by utility affiliates for each month in l999 and 2000; v. An itemization of revenues received from entities other than the=20 California PX and the California ISO for power purchase sales in California= =20 by utility affiliates for each month in l999 and 2000; [under the assumptio= n=20 that "any entity" includes SDG&E, the information related to any SDG&E=20 transaction(s) will be provided]=20 x. Revenues received for power purchase sales in any state other than=20 California by each utility affiliate for each month in l999 and 2000; y. A description of all utility affiliates=01, activities in California ele= ctric=20 markets, including marketing, scheduling, selling, or purchasing electricit= y=20 either independently or jointly with other entities; [under the assumption= =20 that "any entities" includes SDG&E, the information related to any SDG&E=20 transaction(s) will be provided; we will also provide public information=20 related to those "activities" such as press releases, etc.; since no time= =20 frame has been provided related to this information request, we will respon= d=20 concerning activities beginning January 1, 1998] z. A description of each energy facility purchased wholly or in part by the= =20 utility or any of its affiliates in l997-2000, including its purchase price= =20 and location; [we will provide any public information addressing affiliate= =20 purchases as well as all information, including confidential, proprietary= =20 information related to a transaction with SDG&E] aa. A description of each energy facility or portion thereof sold by the=20 utility or any of its affiliates in l997-2000, including its sale price and= =20 location; [we will provide any public information addressing affiliate sale= s=20 as well as all information, including confidential, proprietary information= =20 related to a transaction with SDG&E] cc. A copy of the most recent business plan for itself, its holding company= =20 and each of its affiliates. [we will provide copies of those portions of=20 affiliate or holding company business plans that discuss or describe=20 transactions with SDG&E] The basis of SDG&E=01,s objection to produce the foregoing information is t= hat=20 the information exceeds the scope of the Commission=01,s statutory authorit= y to=20 require production of affiliate information under PUC section 314(b); the= =20 information is not relevant to any proceeding currently before the=20 Commission; the information is not reasonably calculated to result in the= =20 discovery of admissible evidence in any Commission proceeding; and the=20 information is not in the possession of, nor is it proprietary to, SDG&E." =20 After doing a comparison of the list of items for which responses are being= =20 provided with the list for which objections are raised, I noted that items = e,=20 h, j, l, o, s, u and w are simply not mentioned. I have sent an email to= =20 their counsel asking for the status of those requests. Let me know if you= =20 want a copy of the SDG&E filing. =20 Dan
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