Disregard my previous messageabout this case. Thanks for your assistance in this matter.




	Bonnie White/ENRON@enronXgate 06/07/2001 12:19 PM 	   To: Rob Cole/ENRON@enronXgate, Robert Vote/ENRON@enronXgate  cc: Richard B Sanders/HOU/ECT@ECT  Subject: Roger Atkinson v. Cogen, et al.; Roger Atkinson v. JEDI Linden and NEPCO.	


This morning I received a copy of service of process that was served on Cogen Technologies Linden Venture in the Roger Atkinson matter.  Cogen Technologies Linden Venture had previously been served with a summons and complaint in the Atkinson matter in mid April.  I forwarded the matter to El Paso Energy Company, who had purchased ENA's interest in the Cogen companies effective late February 2001.  El Paso retained Ed Fanning of McCarter & English to represent Cogen's interests.  We have worked with Ed in other Cogen matters before, and I have found him to be both effective and efficient.  This matter relates to personal injuries allegedly suffered by Atkinson while working at a construction site at the Linden facility in December 2000.  David Waterson of El Paso recently called me concerning potential defense and indemnity obligations that El Paso believes NEPCO may owe Cogen with respect to this incident.  We will need to review NEPCO's contract with Cogen to determine if any such obligations exist.

The document that I received today is a Notice of Motion to Consolidate and to Compel Inspection.  This motion seeks to consolidate the Atkinson v. Cogen case with a case that was apparently also filed in New Jersey state court as Roger Atkinson v. JEDI Linden and NEPCO and to compel an inspection of the construction site where the accident allegedly occurred.  I have asked Becky Stephens whether we have received service of process on either JEDI Linden or NEPCO.  To date, we have not.  However, I expect that service of process is in the works, and I have asked Becky to be on the look out for it.  As this new suit also apparently concerns personal injury claims, I am forwarding a copy to both Rob and Bob, so that you can begin to process and investigate the claim in your usual manner. 

Please let me know if there is any other information you need in order to begin our review for potential defense/indemnity to Cogen.  Thanks.  

Bonnie J. White
Enron Litigation Unit
1400 Smith Street, Suite 4824
Houston, TX  77002
Ph:  713-853-7244
Fax: 713-853-6576
bonnie.white@enron.com