update on German Federal Cartel Office proceeding

Rosalee - would you please pass along the short note below to Ken? thanks
Mark

Ken - just an update on our German Federal Cartel Office proceeding, after
your conversation with Ulf Boge. Our case has not yet been dismissed, and
yesterday, took a turn for the better. One of the two utilities, GVS, who
had refused to shoulder their share of the cost of the economic study that
was to produce a fair rate, has now agreed to pay their share, and it appears
that the study will go forward, so we may still get the precedent we are
looking for. Apparently, they (GVS) may not have wished to be put in the
position of being the "poster child" for why Negotiated Third Party Access
does not work. I will keep you updated on any further developments. Thank
you again for your intervention with Boge. With the way things work in
Germany, it would not be at all surprising, if after your conversation with
Boge, the word got back to GVS that Enron's management at the highest level
was focussing on this case, and that it should not be seen as a failure of
the Cartel Office. Mark Schroeder