This is a follow up to my September 19 e-mail.  The attached revised trial schedule was issued after the hearing held on Tuesday.  It reflects a recognition by the ISO of errors or omissions in its data relating to neutrality adjustments, resolved settlement disputes, penalties and OOM purchases.  It postpones the end of the proceeding until March 8, to provide time for correction of these deficiencies prior to undertaking the rest of the schedule.  Hearings on the various issues will be bifurcated- the hearing on Issue 1 (mitigated market clearing price) will be held 12/17-21, while the hearing on Issues 2 and 3 (amounts of refunds and offsets thereto) will be held on 2/11-15.  This outcome is good because Issues 2 and 3 were not split up, and additional hearing days were incorporated into the schedule.  The immediately upcoming events include an ISO sworn statement on Issue 1, due 10/9, and participants' simultaneous responsive testimony on Issue 1, due 11/6.

I would expect that the ISO will take approximately 3 weeks to re-run its numbers to correct their neutrality adjustment errors, and this will result in a new (and likely increased) claim against us.  Initially, ISO had claimed approximately $38MM from us, and their last erroneous iteration indicated that they owed us $1MM.  

Ray     

-----Original Message-----
From: Shelby Kelley [mailto:skelley@bracepatt.com]
Sent: Thursday, September 27, 2001 10:40 AM
To: Dan Watkiss; Adsmith@brobeck.com; Gfergus@brobeck.com; Alvarez, Ray;
seabron@hotmail.com
Subject: EL00-95 Order


Attached please find the Order issued by Judge Birchman on September 26, 2001, revising the hearing schedule.

Shelby J. Kelley, Esq.
Bracewell & Patterson, L.L.P.
2000 K Street, NW  Suite 500
Washington, DC 20006-1872
(202) 828-5859 
skelley@bracepatt.com

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