Thanks, Kay.  Ryan is sending you the proposed Response to Notice of
Change, for your review and approval.     


-----Original Message-----
From: Mann, Kay [mailto:Kay.Mann@ENRON.com]
Sent: Monday, November 05, 2001 6:16 PM
To: BarshK@gtlaw.com; Krimsky, Steven; Jacoby, Ben; OrshefskyD@GTLAW.com
Cc: ReetzR@gtlaw.com; Pais, Randy
Subject: RE: Pompano Beach and Deerfield Beach/Air Permitting Update 


I predict that we will not prevail in an objection to consolidation.
Judges love to consolidate unless there is a compelling reason not to do
so. A one month delay will not be enough to persuade the AJL to not
consolidate if you consider the advantages to the judges, so we would
need a better reason.  Do we have anything else to go on?  (I don't
think the Margate issue is enough, either.)

I doubt we will have the settlement buttoned up by the second week of
December, which could leave us in the position of needing to continue
the hearing until January anyway.

Kay

-----Original Message-----
From: BarshK@gtlaw.com [mailto:BarshK@gtlaw.com]
Sent: Monday, November 05, 2001 5:00 PM
To: Mann, Kay; Krimsky, Steven; Jacoby, Ben; OrshefskyD@GTLAW.com
Cc: ReetzR@gtlaw.com
Subject: Pompano Beach and Deerfield Beach/Air Permitting Update 


    Kay, Steve, Ben, and Debbie --  
        I spoke with Martha Nebelsiek today and she indicated that DEP
is
intending to file a motion for consolidation of the two air proceedings
into
a single proceeding.  To that end,  Martha believes that the proceedings
should be heard sometime in January 2002, depending upon which of the
cases
is consolidated into the other.  Martha believes that consolidation is
appropriate now because the permit conditions recommended by DEP are
consistent and that, for evaluation purposes, the DEP considered the
sites
as one.   Martha will be filing a motion for consolidation and wanted
our
position on the proposed consolidation.  I told her that we would likely
oppose such a motion but that I would check with you before finalizing
our
position.  
        Consolidation has its advantages and disadvantages.    The
cases, if
consolidated, may be less expensive to try.  Yet, the hearing in
December
may be at risk if consolidation occurs.    In addition, the parties are
not
exactly the same in each proceeding  (Margate is not a participant in
the
Deerfield proceeding).  I need to get back to Martha as soon as possible
with Enron's position on the proposed consolidation.   If she does not
hear
back from me soon, then Martha will likely file the motion and indicate
that
Enron objects to the consolidation.    
         Ryan and I also need to get approval to submit Enron's response
to
DEP's Change of Position on the Pompano Beach air permit.   I promised
not
to file any response last week, given the pending settlement
negotiations
but we need to respond to the Change in the next few days. 
         Please advise me of your thoughts on the consolidation.  
            --Kerri    . 


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