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Interesting. Seems to me that EPSA needs to help AZ do better by its citiz=
ens - it's not just APS that's a "bunch of neanderthals" (to use a Rick Sha= piro phrase). =20 I don't understand something else - Is Mumaw APS' and EES' counsel in AZ?? = How is this possible? Jim -----Original Message----- From: =09Lawner, Leslie =20 Sent:=09Wednesday, October 31, 2001 12:46 PM To:=09Perrino, Dave; Steffes, James D.; Kingerski, Harry; Kaufman, Paul Subject:=09FW: SW Gas A vituperative missive from our (and APS's) AZ counsel for your enjoyment. -----Original Message----- From: =09"Tom Mumaw" <tmumaw@swlaw.com<@ENRON =20 Sent:=09Wednesday, October 31, 2001 9:44 AM To:=09Lawner, Leslie Subject:=09Re: SW Gas We have yet to receive a final order. I would prefer to have it in hand be= fore a complaint is filed. There is another year to go on the statute of l= imitations, and thus aside from the natural desire to get money sooner rath= er than later (and especially while Commissioner Spitzer is still on the Co= mmission, which should be through the end of 2002), there is no particular = rush. Also, your "coalition" partner in the war on SWG imbalance terrorism= , Midwest United, has also authorized a complaint, so there is the possibil= ity to again share the costs of any such proceeding. I didn't expect the merchant generators to be thrilled with the APS filing,= but then I'm sure they wouldn't like a complete repeal of the electric oom= petition rules, which at least one Commissioner seems to favor, or an order= preventing any divestiture of APS generation and any competitive bidding, = which is another distinct possibility from a Commission that has effectivel= y lost its faith in competition. Hopefully the Texas people at least read = the application this time. I can also tell you that APS is quietly upset t= hat the merchant generators say nothing when SRP does far worse things, or = when Citizens gets a total waiver of the same regulation for which APS seek= s a partial waiver, or when TEP files their plan (which will happen shortly= ) making APS' look like a wild pro-market experiment. In other words, APS = takes a lot of grief not because it is perceived as the most anti-competiti= ve incumbent (even our worst enemy would privately agree we are probably th= e best in this state), but simply because it is the most visable. <<< "Lawner, Leslie" <Leslie.Lawner@ENRON.com< 10/31/01 08:29AM <<< Has the ACC issued an actual order onthe SW Gas? I have not seen anything. I have to formal go ahead on filing the complaint for the refund, so let me know what your strategy is for that. I assume we should run the numbers with some accuracy, and I can have the number crunchers here do that. Your APS filing is not being too well received in the hinterlands (Texas) from what I hear. Expect some noise. Hope you are enjoying the World's Series. ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate an= d may contain confidential and privileged material for the sole use of the = intended recipient (s). Any review, use, distribution or disclosure by othe= rs is strictly prohibited. If you are not the intended recipient (or author= ized to receive for the recipient), please contact the sender or reply to E= nron Corp. at enron.messaging.administration@enron.com and delete all copie= s of the message. This e-mail (and any attachments hereto) are not intended= to be an offer (or an acceptance) and do not create or evidence a binding = and enforceable contract between Enron Corp. (or any of its affiliates) and= the intended recipient or any other party, and may not be relied on by any= one as the basis of a contract by estoppel or otherwise. Thank you. **********************************************************************
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