Master Sales

Jerry Fox reports that he expects to have a signature needed to file the
Petition for Approval of the Master Sales Agreement by Monday and that the
filing will be made that day. Jerry intends to file the entire Agreement
"under seal" as a confidential document. (The ICC's procedural rules
require the filing of a sealed and "redacted" version.) His intent is to
try this approach initially, but then back of the proposal if the ICC Staff
opposes designation of the entire document as confiential. In the event of
Staff opposition, Jerry will discuss with us the portions of the document
which are of primary concern and seek protection of those portions. (I
mentioned to Jerry a recent ICC proceeding (last month) in which one of the
parties sought blanket protection for an agreement. Due to staff
opposition, a series of briefs regarding confidentiality were followed by a
four hour hearing which examined every page of the document. Although a few
items were ultimately protected, I believe the party involved wishes they
had tried a different approach.) In any event, I think Jerry's plan to try
the blanket approach initially, but then back off if opposition develops is
reasonable.

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