Enron gets a win in Florida.  Let me know if you want a copy of the revised 
opinion.

Marchris


----- Forwarded by Marchris Robinson/NA/Enron on 09/29/2000 02:53 PM -----

	"Bill L. Bryant" <bill@katzlaw.com>
	09/29/2000 09:51 AM
		 
		 To: <mrobinso@enron.com>
		 cc: <Barton.Clark@enron.com>
		 Subject: Duke Decision


MR,

Yesterday, the Florida Supreme Court granted our Motion for Leave to Appear 
as Amicus Curiae on Rehearing that we filed on Enron's behalf in theTampa 
Electric Co. v. Garcia  case.  It also granted the relief we requested in 
that Motion.  The Court granted this relief despite the vehement protests by 
Florida Power and Light and Florida Power Corporation that (1) Enron had no 
standing or right to appear as an amicus curiae and (2) that the relief we 
requested was unwarranted.

Technically, the Court characterized its order granting relief to Enron as 
"granting the Motion for Leave to Appear as Amicus Curiae on Rehearing, and 
denying the Incorporated Motion for Rehearing in light of the revised 
opinion.."  In short, there was no need to grant rehearing because, in its 
revised opinion, the Court granted our relief.  This was exactly what 
Katherine Giddings (one of our appellate experts and co-counsel for Enron in 
this matter) had predicted the Court would do if it granted our requested 
relief. 

A comparison of our requested language and the language included by the Court 
in its opinion are identical.  In its previous opinion, the Court made the 
following statement:  "The construction of any new electrical power 
generating plant with a capacity greater than seventy-five megawatts is 
required to be certified in accord with the various requirements of the 
Siting Act in chapter 403, Florida Statutes."  The Court's definition 
appeared to broaden the class of electrical power generating facilities that 
must be certified under the Siting Act because it failed to recognize 
statutorily exempt utilities, i.e., under the statutes, only certain steam 
and solar electrical generating facilities are subject to the Act - but the 
Court's definition included "any" electrical power generating facility.  

In our motion, we pointed out the Court's error and asked the Court to 
clarify its definition by changing its statement to read:  "The construction 
of any new electrical power generating plant as defined by Section 
403.503(12) that is not otherwise exempted by Florida law is required to be 
certified in accord with the various requirements of the Siting Act in 
chapter 403, Florida Statutes."   The Court adopted this language verbatim, 
adding only the words "Florida Statutes" after the reference to Section 
403.503(12).  In doing so, the Court recognized the merit of our argument.  
In summary, the Court granted all relief we requested on Enron's behalf.  The 
relief requested by other parties in all other motions for rehearing, 
including the PSC's, was denied in total.  

Bill


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Katz, Kutter Haigler, Alderman, Bryant & Yon et al
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