Sue,  There is no right to ex parte the Commission just because someone else has.  You could, I suppose, request to recuse Chairman Wood from this matter, but I don't think that would necessarily be in our interest, and could be politically disadvantageous.  A potentially more appropriate approach might be to request to respond to whatever Kahn told Chairman Wood.

The mere fact that Chairman Wood revealed this matter, however, indicates to me that he was not overly sympathetic to Kahn.  Without knowing more as to the precise nature of the conversation, its hard to say, but my initial reaction is that this matter is probably best left to rest.  Ron

>>> "Mara, Susan" <Susan.J.Mara@ENRON.com> 09/24/01 04:12PM >>>
Thanks for checking this out for me, Kim and Ron,

What are our rights?  Is there an equal-time right?  Should we just let
this go?

-----Original Message-----
From: Kimberly Curry [mailto:kcurry@bracepatt.com] 
Sent: Friday, September 21, 2001 7:20 PM
To: Ronald Carroll; Mara, Susan
Subject: Ex Parte Communications


Attached is the public notice that acknowledges Commissioner Wood's
receipt of ex parte communications from Michael Kahn relating to matters
in the ER01-889 docket.  Also attached is a copy of the memo to file
drafted by Commissioner Wood detailing his communications with Mr. Kahn.

Kimberly A. Curry
Bracewell & Patterson, L.L.P
2000 K Street, N.W.
Suite 500
Washington, D.C. 20006
(202) 828-7623 (phone)
(202) 857-2107 (fax)
kcurry@bracepatt.com 



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