Interesting.  Seems to me that EPSA needs to help AZ do better by its citizens - it's not just APS that's a "bunch of neanderthals" (to use a Rick Shapiro phrase).  

I don't understand something else - Is Mumaw APS' and EES' counsel in AZ??  How is this possible?

Jim

 -----Original Message-----
From: 	Lawner, Leslie  
Sent:	Wednesday, October 31, 2001 12:46 PM
To:	Perrino, Dave; Steffes, James D.; Kingerski, Harry; Kaufman, Paul
Subject:	FW: SW Gas

A vituperative missive from our (and APS's) AZ counsel for your enjoyment.

 -----Original Message-----
From: 	"Tom Mumaw" <tmumaw@swlaw.com>@ENRON  
Sent:	Wednesday, October 31, 2001 9:44 AM
To:	Lawner, Leslie
Subject:	Re: SW Gas

We have yet to receive a final order.  I would prefer to have it in hand before a complaint is filed.  There is another year to go on the statute of limitations, and thus aside from the natural desire to get money sooner rather than later (and especially while Commissioner Spitzer is still on the Commission, which should be through the end of 2002), there is no particular rush.  Also, your "coalition" partner in the war on SWG imbalance terrorism, Midwest United, has also authorized a complaint, so there is the possibility to again share the costs of any such proceeding.

I didn't expect the merchant generators to be thrilled with the APS filing, but then I'm sure they wouldn't like a complete repeal of the electric oompetition rules, which at least one Commissioner seems to favor, or an order preventing any divestiture of APS generation and any competitive bidding, which is another distinct possibility from a Commission that has effectively lost its faith in competition.  Hopefully the Texas people at least read the application this time.  I can also tell you that APS is quietly upset that the merchant generators say nothing when SRP does far worse things, or when Citizens gets a total waiver of the same regulation for which APS seeks a partial waiver, or when TEP files their plan (which will happen shortly) making APS' look like a wild pro-market experiment.  In other words, APS takes a lot of grief not because it is perceived as the most anti-competitive incumbent (even our worst enemy would privately agree we are probably the best in this state), but simply because it is the most visable.

>>> "Lawner, Leslie" <Leslie.Lawner@ENRON.com> 10/31/01 08:29AM >>>
Has the ACC issued an actual order onthe SW Gas?  I  have not seen
anything.  I have to formal go ahead on filing the complaint for the
refund, so let me know what your strategy is for that.  I assume we
should run the numbers with some accuracy, and I can have the number
crunchers here do that.

Your APS filing is not being too well received in the hinterlands
(Texas) from what I hear.  Expect some noise.

Hope you are enjoying the World's Series.


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