----- Forwarded by Richard B Sanders/HOU/ECT on 10/06/2000 05:04 PM -----

	"Fergus, Gary S." <GFergus@brobeck.com>
	10/06/2000 04:58 PM
		 
		 To: "'Richard.B.Sanders@enron.com'" <Richard.B.Sanders@enron.com>, 
"'msmith1@enron.com'" <msmith1@enron.com>, "'David_Aamodt@pgn.com'" 
<David_Aamodt@pgn.com>, "'MBD'" <MDay@GMSSR.com>
		 cc: 
		 Subject: FW: Enron Proposals Regarding Document Subpoenas


Here is your copy of the final version sent to the Commission.
Thanks
Gary

> -----Original Message-----
> From: Fergus, Gary S.
> Sent: Friday, October 06, 2000 2:57 PM
> To: 'hym@cpuc.ca.gov'
> Cc: 'MBD'
> Subject: Enron Proposals Regarding Document Subpoenas
> Importance: High
>
> Harvey Morris Esq.
> California Public Utilities Commission
> 505 Public Utilities Commission
> San Francisco, California   94102
>
>  Re:   I.00-08-002  Subpoenas Served on Enron Power Marketing, Inc.
> ("EPMI"), Enron Energy Services Operations Inc. and Enron Energy Services
> Inc. (collectively referred to as "EES"), Enron Energy Marketing
> Corporation ("EEMC"), and Portland General Electric Corporation ("Portland
> General")(collectively sometimes referred to as the "Enron Entities")
>
> Harvey,
>
>  Here are our proposals with respect to the Enron Entities'
> production of documents pursuant to the above described subpoenas issued
> by the California Public Utility Commission (hereinafter "the
> Commission").  The Enron Entities are willing to assist the Commission in
> undertaking its investigation into the problems in the California electric
> markets by producing the information specified on a timely basis.  We
> believe that the production we propose will enable the Commission to
> commence its investigation much sooner than if the parties were forced to
> litigate all of the potential objections to the requests for production,
> which are, by any standard, extremely broad and could involve millions of
> pages of documents.  We make these proposals pursuant to our email
> exchange of October 3, 2000 with the understanding that the Commission
> agrees that by cooperating, offering to produce or producing documents,
> the Enron Entities have not waived any objections or challenges to these
> subpoenas whatsoever and that any claims, defenses, objections,
> jurisdictional or otherwise or other responses have been specifically
> reserved and can be raised in the future, if necessary.   For all of these
> proposals, we exclude documents that are protected from disclosure by the
> attorney client and attorney work product privileges.
>
>  Generally speaking, the Enron Entities propose to produce documents
> for year 2000 as noted below.  We also understand that the Commission will
> be obtaining documents from the ISO and PX and we will not attempt here to
> duplicate documents that we understand will be produced by those entities.
> As you will see in the general documents that are offered here for
> production, Enron Energy Services Operations, Inc. is the parent of Enron
> Energy Services, Inc. and does not have operating authority or engage in
> wholesale or retail purchases or sales of energy.  Thus, the documents
> offered here with respect to those two entities originates with Enron
> Energy Services, Inc. but we have designated them both as EES.  We also do
> not propose to offer duplicative documents as between the Enron Entities.
>
> GENERAL DOCUMENTS
> Requests 1 through 4
>
>  Because of the dynamic nature of the Enron Entities' businesses, the
> burden and expense on them to locate, and produce every corporate
> organizational chart anywhere in their organizations since April 1, 1998
> is significant.   The Enron Entities will provide the Commission with
> exemplars of their current organizational charts, telephone directories
> and so called "family trees" to show its current organization.  To the
> extent that the Enron Entities can readily identify and locate exemplars
> of significant organizational charts, telephone directories or so called
> "family trees" for earlier periods they will also make those available.
> One Enron Entity, Portland General, has published books on its corporate
> history.  If a list of those books would be helpful, we can provide it.
> With respect to the other Enron Entities, to the extent that corporate
> histories can be found, they will be produced.  We anticipate producing
> these documents in the first wave on October 13, 2000.
>
> Requests 5 and 6
>
>  The Enron Entities propose that their responses to Requests 1-4 will
> identify their relationship to affiliated companies and the Transaction
> Documents will identify its customers and suppliers.  We believe this
> information will be sufficient to illustrate these relationships for the
> staff's purposes.
>
> FINANCIAL DOCUMENTS
> Requests 7 through 11
>
>  The Enron Entities will produce their public filings for the period
> requested with respect to financial data.  EPMI, EES, and Portland General
> will provide to the Commission electronic transaction data ( the
> "Transaction Documents") for the purchase and sale of energy delivered
> which information includes economic data.   We anticipate producing public
> filings regarding financial data on October 13, 2000 and the electronic
> Transaction Documents in the second wave of document productions.
>
> GENERATING DOCUMENTS
> Requests 12, 14 and 18
>
>  For the Enron Entities other than Portland General, the generation
> facilities are either non-existent or limited in number and there will
> probably be limited documents available.  The Enron Entities to the extent
> they act as a scheduling coordinator or possessed the right to use or
> resell generation output, do not have the specific documents that pertain
> to each generation unit requested.  The Enron Entities, other than
> Portland General, do have documents and information for Las Vegas
> Cogeneration.  We propose to produce these documents in the second wave of
> document productions.
>
>   For Portland General, the production of the requested documents
> would involve a tremendous volume of documents, as Portland General owned
> twenty generating facilities of a variety of types and sizes during 2000.
> Portland General is a net importer of energy and can only generate about
> one half of its total energy demand.  As a result, we question whether the
> effort required of Portland General is warranted as its impact on the
> California wholesale market is necessarily limited.  Nevertheless,
> Portland General proposes to provide for year 2000 electronic Transaction
> Documents in summary form similar to the data being provided by other
> Enron Entities, to the extent relevant as discussed below.  We propose
> that the Commission defer requesting production of other information until
> it has reviewed the information of generators who sell a significant
> proportion of their energy into the California market.  At that time a
> more accurate assessment can be made of whether this enormous effort will
> be valuable given the limited impact of Portland General generation on the
> California wholesale market.
>
> TRANSACTION DOCUMENTS
> Requests 13, 15, 16, 17 and 19
>
>  We understand that the Commission will be obtaining trading data for
> the purchase and sale of energy delivered in California from the ISO and
> PX.  EPMI can provide the Commission several different sets of relevant
> transaction data for year 2000 (in California and outside of California
> and Real Time) for the purchase and sale of energy delivered with the
> date, counterparty, quantity, delivery point, hours, price, and whether it
> is a purchase or a sale.   Because of the speed with which you want this
> information, it is possible that some entries will be incomplete or
> inaccurate.  For those
> transactions where EPMI served only as the scheduling coordinator, we
> understand that the ISO will show part of the transaction, but there will
> not be a corresponding transaction in the EPMI data we can provide
> quickly.  The reason is that this type of transaction is passed through to
> EPMI's customer on an accounting system rather than as part of the trading
> business.  EES can also provide similar data with respect to relevant
> wholesale and retail transactions with the proviso that with respect to
> retail transactions it will not include the specific names of its retail
> customers but instead will provide a blind customer number due to EES'
> confidentiality obligations to those customers.  We anticipate producing
> the Transaction Documents in the second wave of document productions.
>
> FERC DOCUMENTS
>
> Request 20
>
>  The Enron Entities will produce the requests for data they received
> from FERC and to the extent that FERC has been given responses, copies of
> those responses.  We anticipate producing the FERC documents on October
> 13, 2000.
>
>
>  Based upon discussions that we have had with the various Enron
> Entities, we believe that we could make a second wave of productions on
> Friday October 27, 2000.  It is possible that not all Enron Entities could
> make that date but we believe the bulk of the data could be available for
> production by then.
>
>  We propose to make these productions with the understanding that if
> any entity obtains a more stringent protective order than the one
> currently in place, that all of the Enron Entities document productions
> will be protected by the most stringent protective order.  In addition,
> if, at the request of any party or nonparty to this proceeding, the
> Commission or a court of competent jurisdiction orders that the requests
> for production be limited, reduced or eliminated, the Enron Entities
> reserve the right to limit the production of documents in conformance with
> such order.
>
>  We understand that you will consider these proposals and let us know
> if they are acceptable to the Commission.  If you have any questions or
> comments about our proposal, please do not hesitate to contact Michael Day
> or myself.
>
> Brobeck Phleger & Harrison LLP
>
> Gary Fergus
>
>
>
>
>

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