Gerald,

Thanks for reminding me about where we stand on this issue. I sent John the draft affidavit and I think the best course is to wait for his response. If he asks about matters other than the draft, I'll have to check with the client and get back to him. That will give us time to formulate our response.

Bill



Katz, Kutter Haigler, Alderman, Bryant & Yon et al
106 East College Avenue, Suite 1200
Tallahassee, FL  32301
(850) 224-9634
www.katzlaw.com
_______________________________________

This transmission is intended to be delivered only to the named addressee(s) and may contain information that is confidential, proprietary, attorney work-product or attorney-client privileged.  If this information is received by anyone other than the named addressee(s), the recipient should immediately notify the sender by E-MAIL and by telephone (850) 224-9634 and obtain instructions as to the disposal of the transmitted material.  In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressee(s).  Thank you.


>>> <Gerald.Nemec@enron.com> 07/23/01 10:16AM >>>
Bill,  The contract itself does not have a confidentiality clause, but per
Jeff Stone's email, Gulf does consider the contract proprietary information
and does not want this info voluntarily disclosed at this time.  I
forwarded the email to you earlier.

Concerning the emails etc., as I mentioned before, ECS has a copy of a
Confidentiality Agreement that we executed by Gulf,  initialed by me as ECS
attorney, but not signed by an officer of ECS.  Our business guys think we
executed this agreement.  This CA would cover all information exchanged
between Gulf and ECS.  I have asked Russell Badder's to check with Gulf to
obtain an executed copy.  Nothing in the CA agreements prohibit me from
disclosing the CA. So we could potentially provide the copy of the CA we
have to John.  Obviously the correspondence between ECS and Gulf contains
the commerical terms of our power deal as we negotiated with Gulf.  Given
Jeff's email and the CA copy I have in hand, I would not want to disclose
the emails and memo's without Gulf's explicit permission.  Let me know if
you have any ideas on the best way to approach this with WFLA.

    -----Original Message-----
   From:   "Bill L. Bryant" <BILL@katzlaw.com>@ENRON
             [mailto:IMCEANOTES-+22Bill+20L+2E+20Bryant+22+20+3CBILL+40katzlaw+2Ecom+3E+40ENRON@ENRON.com]


   Sent:   Sunday, July 22, 2001 1:06 PM
   To:     Nemec, Gerald
   Subject:  WFLA

   Gerald,

   Where are we in the process of gathering e-mails and other discovery
   that may be responsive to WFLA's request? Also, can I tell John Haswell
   that our contract with Gulf does contain a confidentiality clause? We
   discussed this but I can't remember if we agreed that I could disclose
   it.

   Bill



   Katz, Kutter Haigler, Alderman, Bryant & Yon et al
   106 East College Avenue, Suite 1200
   Tallahassee, FL  32301
   (850) 224-9634
   www.katzlaw.com
   _______________________________________

   This transmission is intended to be delivered only to the named
   addressee(s) and may contain information that is confidential,
   proprietary, attorney work-product or attorney-client privileged.  If
   this information is received by anyone other than the named
   addressee(s), the recipient should immediately notify the sender by
   E-MAIL and by telephone (850) 224-9634 and obtain instructions as to the
   disposal of the transmitted material.  In no event shall this material
   be read, used, copied, reproduced, stored or retained by anyone other
   than the named addressee(s), except with the express consent of the
   sender or the named addressee(s).  Thank you.