Pursuant to a conversation that I just had with Tracey Chambers (DOJ attorney assigned to the PRB investigation):

Currently, there is no separate investigation of the purchase of the 2 mines (N. Rochelle and Buckskin); if they had sufficient concerns, they would open a separate investigation.
It is difficult to open a separate investigation when the purchaser of the mines has not been chosen.
As the DOJ is not a regulatory agency but an enforcement agency, it is difficult for them to say "pick this purchaser or that one"; they cannot shape the transaction.
The DOJ would have more of a role to play if and when Arch is selected as the purchaser and acquires these mines.
Knowing that the "Big 3" would have approximately 90% of the PRB production market if Arch acquires these two mines, the DOJ would be particularly interested in a transaction like this -- i.e., one where an incumbent would be purchasing these assets.
After such an acquisition, it would not be a difficult decision for the DOJ to get involved and investigate; we should know that Enron would be at the top of their list to contact at that time.
The DOJ is stuck in that they cannot tell us what they are doing in their PRB investigation; however, they are trying to address our concerns and our issue is an issue that they are inquiring about.

If anyone has any additional questions or concerns, please let me know.  
 
Regards,
 
Lara

 
 
 
Lara Leibman
Director, Government Affairs
Enron Corp
713.853.9193 (direct)
713.851.7770 (cellular)
Lara.Leibman@enron.com <mailto:Lara.Leibman@enron.com>