Christi --

I am comfortable with trying to settle.  I hate that this new Commission has to litigate this case.  It is important, however, that we focus FERC staff on the broader policy changes necessary throughout the industry and not just on Entergy's tariff.  

Jim


-----Original Message-----
From:	Nicolay, Christi L.
Sent:	Thu 9/6/2001 2:06 PM
To:	Steffes, James D.; Novosel, Sarah; Presto, Kevin M.; Shapiro, Richard
Cc:	
Subject:	Enron v. FERC appeal at DC federal court (Entergy source and sink)

The mediator in our appeal of the Entergy source and sink suggested that Enron may want to try and settle this.  I asked B&P for the costs to get through oral argument, which are only $4000.  During the course of our SE RTO mediation, the Entergy person working on congestion management agreed with me that implementation of the LMP/financial rights model in the SE would alleviate the need for the Entergy Attachment M and Southern's similar attachment.  However, that model (should we get it) won't be in effect until sometime next year (at the earliest).  Also, Enron has sold its control areas. (VEPCO, our co-appellant, still has Batesville in Entergy).

It seems that it would make sense for us to approach FERC staff working on this matter, get their thoughts, and then perhaps approach Entergy.  FERC is the one that would actually settle, not Entergy (also, FERC must change the policy -- getting Entergy to simply withdraw Att. M is certainly good for precedent, but Southern can still keep its Att. unless FERC makes Southern change its tariff).  If nothing else, having another FERC avenue to voice our support for the LMP financial rights model (no day ahead balanced schedules), which alleviates this discriminatory practice like Entergy Att. M, would be helpful.  What are your thoughts? 

-----Original Message-----
From: Jacqueline Java [mailto:jjava@bracepatt.com]
Sent: Tuesday, September 04, 2001 6:37 PM
To: Nicolay, Christi L.
Subject: Costs associated with the Enron v. FERC matter


Christi -

Dan has informed me that Enron's share of remaining costs in the Enron v. FERC matter will not exceed $4,000, for the work done to prepare for oral argument scheduled for November 7, 2001.

If you need a more formal document indicating this, I would be happy to send one to you.  Please let me know.  Thanks.  

Jackie

Jacqueline R. Java
Bracewell & Patterson, L.L.P.
2000 K Street, N.W. Suite 500
Washington, D.C. 20006-1872
(202) 828-5828