Bill good questions.  Lets discuss.  Do you know what the statute of  limitations is and when the clock starts.  Your insight would be appreciated.  To date, TW has only filed at FERC based on the thought we thought the issues were FERC issues and thought the FERC process would provide the least expensive and most expeditious forum.  The belief was that a state court would defer to the agency. TW's real hope is to get a settlement through mediation or, if we need to, some other form of FERC ADR.  

 -----Original Message-----
From: 	Rapp, Bill  
Sent:	Wednesday, October 24, 2001 5:03 PM
To:	Porter, Gregory J.
Subject:	Transwestern - Dispute with SoCal Gas

	
	Greg,

		Thanks for sending me copies of the pleadings in the enforcement action that we've filed against SoCal Gas at FERC. Just a quick question. Should we initiate a state court action against SoCal Gas now so as to minimize any claims that could potentially be cut off by the applicable statute of limitations? I notice that the controversy goes back to 1996. It may take a while for FERC to resolve this. Have we concluded that even if FERC rules in our favor we would have to file a separate action in state court to enforce our rights under the transporation agreement(s) with SoCalGas? Even if we file a state court action now, SoCal Gas would probably argue that the state court action should not proceed until FERC reaches its decision. I don't know how strong an argument this is, but even if SoCal Gas keeps us from moving forward with a state court proceeding, would merely filing suit in state court stay the statute of limitations? I'm sure you've thought through these issues already. I'm just trying to get up to speed. Thanks.