See my response below to the note back from Edison.

Steve Roskow already wrote back and said he talked to Clanon (head of Energy Div) and Clanon said we need to work it out with Edison. Thank you so much, Santa!  I have a call into Mike. We'll be calling SCE today.

-----Original Message-----
From: Mara, Susan 
Sent: Friday, November 02, 2001 3:12 PM
To: 'Matt.Pagano@sce.com'; dhuddles@enron.com
Cc: ehughes2@enron.com; gyoung2@enron.com; mevans3@enron.com; Riley,
Tom; Diane.Romeyko@sce.com; 'mday@gmssr.com'; 'dgrueneich@gralegal.com'
Subject: RE: Pending DASR's for Existing Enron Customers
Importance: High


Matt,

I thought I'd respond for Diann.  The decision is pretty clear on this.  As you recall, the issue was raised by UC/CSU who specifically mentioned that the utilities were unilaterally setting deadlines for submission of customer names and DASRs. Let me quote:

Section F, p. 19:

"In its rehearing application, UC/CSU seek clarification on whether D.01-09-060's prohibition of any new contracts for direct access services after September 20, 2001, allows or requires utilities to refuse to process DASRs for an account under a pre-September 20 contract."

p.20:

"We reaffirm that for the time being, and unless the Commission states otherwise in a subsequent decision, utilities are required to process DASRs relating to contracts or agreements that were executed on or before September 20, 2001, including DASRs for service to new facilities or accounts if the underlying contract pursuant to which those DASRs are submitted allowed for the provision of that additional service."

p.21

"For purpose of utility compliance with D.01-09-060, we want to make it clear that, unless otherwise directed or allowed to in a subsequent Commission decision, utilities cannot set a deadline after which they could refuse to process DASRs relating to contracts excuted on or before September 20, 2001."

Matt, these are just the highlights.  The Decision has more language providing additional clarity.  By the way, this decision was mailed on October 12 -- after your October 5 deadline. I think the Decision is crystal clear.  You must accept all DASRs for contracts signed on or before September 20 and you cannot set artificial deadlines after which you will not accept those DASRs.

So, given the above.  Can you please explain your position?

Regarding the Novemver 1 date -- you may remember the Rule 22 meeting held by the utilities, ESPs and customers in eaarly October.  The ESPs agreed to make a good faith effort to provide a complete customer list by November 1, with the understanding that additional names and facilities could be added later with some verification process to ensure the DA contract was signed on or before September 20.  We agreed to do this to help the utilities meet their obligations under D. 01-09-060.  Enron has met that commitment. 

Sue Mara
(415) 782-7802

-----Original Message-----
From: Matt.Pagano@sce.com [mailto:Matt.Pagano@sce.com]
Sent: Friday, November 02, 2001 2:29 PM
To: dhuddles@enron.com
Cc: ehughes2@enron.com; gyoung2@enron.com; mevans3@enron.com; Mara,
Susan; Riley, Tony; Diane.Romeyko@sce.com
Subject: Re: Pending DASR's for Existing Enron Customers



Hi Diann,

It seems there is a bit of confusion.  I agree with you that there is no
longer a DASR submittal deadline in accordance with decision D 01-10-036.
However, SCE will only accept DASRs for those customers on the certified
list Enron provided by the 10/5/2001 deadline (see previous emails supplied
below).  I'm not sure, but perhaps the 11/1 date you are referencing is in
the Advice Letter filed jointly by PG&E and SDG&E?

Matt Pagano
Account Manager
ESP Services Division
tel-714-895-0222
fax-714-895-0347
Email-Paganomj@SCE.Com


                                                                                 
                    dhuddles@enro                                                
                    n.com                To:     Matt.Pagano@sce.com             
                                         cc:     ehughes2@enron.com,             
                    11/02/2001           gyoung2@enron.com, mevans3@enron.com,   
                    01:49 PM             TRiley@enron.com,                       
                                         Susan.J.Mara@enron.com                  
                                         Subject:     Re: Pending DASR's for     
                                         Existing Enron Customers                
                                                                                 






Matt, neither Enron nor the Commission agreed with SCE's arbitrary date.
Further, SCE's approach is in violation of the CPUC's decision on rehearing
(D 01-10-036), which requires SCE to continue to accept DASRs as long as
the respective contract is signed on or before 9-20-01.

Therefore, Enron reserves the right to continue DASRing accounts for
eligible contracts until the CPUC directs otherwise.

Thanks.







Matt.Pagano@sce.com on 11/02/2001 02:39:09 PM

To:   dhuddles@enron.com
cc:
Subject:  Re: Pending DASR's for Existing Enron Customers



Diann,

I received your attached customer list dated 11/1/01, however, per the
attached note sent to you on 10/03/01, SCE's deadline to submit a certified
customer list was 10/5/2001. SCE will use the list you submitted on 10/5/01
@ 3:58pm (attached below) as your certified list.


(See attached file: SCE 011005.xls)

Thanks,

Matt Pagano
Account Manager
ESP Services Division
tel-714-895-0222
fax-714-895-0347
Email-Paganomj@SCE.Com
----- Forwarded by Matt Pagano/SCE/EIX on 11/02/2001 12:15 PM -----

                    Sheila Advani
                                         To:
                    10/03/2001           cc:
                    03:43 PM             Subject:     Updated Direct Access
                                         Suspension Information - IMPORTANT
                                         PLEASE READ NOW




As a result of input from the Rule 22 Working Group meeting held yesterday,
October 2, 2001 in San Francisco, Southern California Edison is extending
the date by which ESPs should provide the customer list information as
requested in the original SCE communication below.    Please provide a
certified list of customer information not previously submitted to SCE, as
set forth in the original e-mail below, no later than

     5:00 p.m.Pacific Daylight Savings Time, Friday, October 5,  2001

This list should be sent via e-mail to Sheila Advani at
Sheila.Advani@sce.com.

We have attached the template below to use for your convenience.


(See attached file: DA Cust List Template.xls)

If you have any questions, please contact your Account Manager.



Original SCE Communication Sent on September 21, 2001

Pursuant to the California Public Utilities Commission (CPUC) decision
issued yesterday, the right of end-use customers to acquire direct access
service is suspended as September 20, 2001.  Specifically, the CPUC order
states:

     "The execution of any new contracts, or entering into, or verification
of any new arrangements for direct access
             service pursuant to Public Utilities Code Sections 366 or
366.5, after September 20, 2001, is prohibited" (Ordering
             Paragraph No. 4).

             and,

            "PG&E, SCE and SDG&E shall not accept any direct access service
requests [DASRs] for any contracts executed
             or agreements entered into after September 20, 2001."
(Ordering Paragraph No. 7).

In order to comply with the CPUC order please provide Southern California
Edison with a certified list of your direct access customers that have
written contracts or agreements executed on or before September 20, 2001,
for which DASRs have not yet been submitted.  This list may be subject to
verification in the future, therefore, please be prepared to produce
evidence of these contracts or agreements upon request. The following
information must be included for each customer on this list for your DASR
to be eligible for future processing:

Please include the following information for each customer on this list:

     ?    Customer Name
     ?    Service Account Number
     ?    Service Address
     ?    Contract Date

This list should be sent via e-mail to Sheila Advani at
Sheila.Advani@sce.com, no later than
     5:00 p.m. Pacific Daylight Savings Time, Monday, September 24, 2001

For those direct access customers that have certified contracts or verified
agreements executed on or before September 20, 2001, ESPs must submit the
respective "connect" Direct Access Service Requests (DASRs) within 30
calendar days following the effective date of the order.  All "connect"
DASRs submitted for accounts, which are not on the ESP's certified list,
will be rejected or canceled.  SCE will not process any "connect" DASRs
after 5:00 p.m., October 20, 2001.  SCE will continue to accept
"disconnect" and "update" DASRs (for changes to billing and/or metering
options) for existing Direct Access customers.

If you have any questions, please contact your Account Manager.

Sheila Advani
e:mail: Sheila.Advani@sce.com
Electronic Communications Coordinator
Southern California Edison -ESP Services
Westminster
(714)895-0240 or PAX 54240
Fax: (714)895-0347





                    dhuddles@enro
                    n.com                To:     matt.pagano@sce.com
                                         cc:
                    11/01/2001           Subject:     Pending DASR's for
                    03:01 PM             Existing Enron Customers






Matt, let me know if you have any questions about the data contained in
this file.  thanks!

(See attached file: SCE Pending DASRs 11-01-01.xls)

**********************************************************************
This e-mail is the property of Enron Corp. and/or its relevant affiliate
and may contain confidential and privileged material for the sole use of
the intended recipient (s). Any review, use, distribution or disclosure by
others is strictly prohibited. If you are not the intended recipient (or
authorized to receive for the recipient), please contact the sender or
reply to Enron Corp. at enron.messaging.administration@enron.com and delete
all copies of the message. This e-mail (and any attachments hereto) are not
intended to be an offer (or an acceptance) and do not create or evidence a
binding and enforceable contract between Enron Corp. (or any of its
affiliates) and the intended recipient or any other party, and may not be
relied on by anyone as the basis of a contract by estoppel or otherwise.
Thank you.
**********************************************************************
(See attached file: SCE Pending DASRs 11-01-01.xls)

(See attached file: SCE 011005.xls)
(See attached file: DA Cust List Template.xls)
(See attached file: SCE Pending DASRs 11-01-01.xls)


(See attached file: SCE 011005.xls)(See attached file: DA Cust List
Template.xls)(See attached file: SCE Pending DASRs 11-01-01.xls)