Enron Mail

From:bill.rapp@enron.com
To:j..porter@enron.com
Subject:Transwestern - Dispute with SoCal Gas
Cc:
Bcc:
Date:Wed, 24 Oct 2001 15:02:59 -0700 (PDT)

=09
=09Greg,

=09=09Thanks for sending me copies of the pleadings in the enforcement acti=
on that we've filed against SoCal Gas at FERC. Just a quick question. Shoul=
d we initiate a state court action against SoCal Gas now so as to minimize =
any claims that could potentially be cut off by the applicable statute of l=
imitations? I notice that the controversy goes back to 1996. It may take a =
while for FERC to resolve this. Have we concluded that even if FERC rules i=
n our favor we would have to file a separate action in state court to enfor=
ce our rights under the transporation agreement(s) with SoCalGas? Even if w=
e file a state court action now, SoCal Gas would probably argue that the st=
ate court action should not proceed until FERC reaches its decision. I don'=
t know how strong an argument this is, but even if SoCal Gas keeps us from =
moving forward with a state court proceeding, would merely filing suit in s=
tate court stay the statute of limitations? I'm sure you've thought through=
these issues already. I'm just trying to get up to speed. Thanks.