Does anyone have an idea as to why marketers, including EPMI, are not 
included in the list of subject companies:  Exh. B?  Since EPMI is not a 
subject of the motion, why should it answer?  Lying in the weeds may be a 
more prudent course of action.

>>> "Fergus, Gary S." <GFergus@brobeck.com> 11/07/00 10:08PM >>>
I just spoke with Mary to make sure we have the same information.  Here are
the facts we have so far.  On November 4th, the CPUC filed a motion with
FERC to adopt the form of protective order that the CPUC entered, to compel
the production of documents and to shorten time to answer.  According to
Exhibit B (read to me by Nancy Pickover at Bracewell) the following CPUC
moved against the following entities:  AES, Williams, Duke, Dynegy, Reliant
and Southern.  Enron entities were NOT named in exhibit B.  This is not to
say that we could not be easily added to the group.  While the motion reads
as if the CPUC was moving against everybody, in fact, in footnote 2 they
state they are only moving against the entities named in Exhibit B.  We will
have Exhibit B in hand first thing tomorrow via FEDEX to confirm this.  To
repeat, Enron is not named yet.

Thanks
Gary

-----Original Message-----
From: Mary.Hain@enron.com [mailto:Mary.Hain@enron.com]
Sent: Tuesday, November 07, 2000 6:23 PM
To: dwatkiss@bracepatt.com; Susan.J.Mara@enron.com;
Richard.B.Sanders@enron.com; James.D.Steffes@enron.com;
Christian.Yoder@enron.com; Jeff.Dasovich@enron.com; mday@gmssr.com;
gfergus@brobeck.com; rcarroll@bracepatt.com; Alan.Comnes@enron.com;
Joe.Hartsoe@enron.com; Sarah.Novosel@enron.com
Cc: Tim.Belden@enron.com; Lysa.Akin@enron.com
Subject: Important - CPUC Motion - Confidential Attorney Client
Privilege and Work Product


As you may already know, the CPUC filed a motion at FERC asking for a
protective order and to compel production of the information they subpoened
from us in the CPUC's OII case.  Given the timing, we should discuss this
on our conference call scheduled for tomorrow.

They request that we be required:
to answer their motion on Thursday,
to provide the information within 5 working days of a FERC ordering
production, and
to provide of P&L information and spread sheets detailing our deals,
specifically delivery point, delivery date, counterparty, volume and
price.

We may not have a problem providing this information for use by FERC in its
proceeding subject to a confidentiality agreement but I think we would
oppose their requests for:
the information to be provided for "government eyes only" -  this would
prohibit EPMI from defending itself vis-a-vis other market participants.
a FERC confidentiality order that would could allow FERC to "share" this
information with the CPUC (for purposes of the PUC's OII proceeding)
pursuant to 16 U.S.C. 824h(c).  16 USC 824g(c) requires the Commission
to make information available to state commissions as may be of
assistance in state regulation of public utilities.  We should argue
that 16 USC 824h(c) does not apply here given that we are not a public
utility nor does the PUC regulate how much market power wholesale
marketers exercise or the level of market power mitigation (these are
the bases the PUC provides for explaining why it should have this
information.)
the above contractual information to allow them to analyze the
competitiveness of the forward market to evaluate the wisdom of the
Commission's  decision to allow the UDC's "unfettered access" to the
forwards market.  This argument is unpersuasive given that the CPUC can
get information about the competitiveness of the forward markets from
the Wall Street Journal's listing of NYMEX prices.


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