Can we talk about this if it is still an active "case"



Christian Yoder

11/11/99 03:45 PM
To: Tim Belden/HOU/ECT@ECT, Elizabeth Sager/HOU/ECT@ECT
cc: Richard B Sanders/HOU/ECT@ECT, Sean Crandall/PDX/ECT@ECT, Diana 
Scholtes/HOU/ECT@ECT 
Subject: Mid-C control area abuse

Sean and I talked through the Mid-C control area abuse (Puget and WWP's 
refusal to honor Mid-C sales not sunk at Mid-C) with Dan Watkiss of Bracewell 
Patterson.  After "sinking" his mind into the facts, Dan was of the view that 
a two pronged legal approach could be taken:   1.  take one of our apparently 
frequent direct purchases  from Puget at Mid-C as  a test case and when Puget 
refuses to honor the schedule which requires it to be sunk at COB, sue them 
in a state court,  and 2.  bring a complaint against Puget at Ferc allegding 
conduct in breach of the Federal Power Act.    There is enough wrong about 
this situation to cause Dan to say that both actions were potentially 
available.    The real issue now is,  do we want to disrupt our business 
relationship with Puget and WWP by taking either or both of these actions?  
Let's discuss this, and Richard,  I apologize for not getting to you with 
this already, but will call you and discuss it right away.----cgy