Your message

  To:      Dan Douglass; ARM; Vicki Sandler; Todd Torgerson; Tamara Johnson;
Mara, Susan; Steve Schleimer; Steve Huhman; Roger Pelote; Rob Nichol; Randy
Hickok; Peter Blood; Nam Nguyen; Karen Shea; Jim Crossen; Janie Mollon; Jack
Pigott; Greg Blue; George Vaughn; Gary Ackerman; Ed Cazalet; Denice Cazalet
Purdum; Curtis Kebler; Curt Hatton; Corby Gardiner; Charles Miessner;
Carolyn Baker; Bill Ross; Alden Hoekstra; Max Bulk
  Cc:      Gregg Klatt; Ed Duncan; Erica.Manuel@edelman.com; Fairchild,
Tracy
  Subject: RE: IMPORTANT ! !
  Sent:    Tue, 20 Nov 2001 10:49:09 -0600

did not reach the following recipient(s):

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-----
Message-ID: <3080E1264732244B844860A7BD823A69094A42@NAHOU-MSMBX07V.corp.enron.com>
From: "Dasovich, Jeff" <Jeff.Dasovich@ENRON.com>
To: Dan Douglass <douglass@energyattorney.com>, ARM <arem@electric.com>, 
	Vicki Sandler <vicki_sandler@apses.com>, Todd Torgerson
	 <torgersont@epenergy.com>, Tamara Johnson <tjohnso8@enron.com>, 
	"Mara, Susan" <Susan.J.Mara@ENRON.com>, Steve Schleimer
	 <sschleimer@calpine.com>, Steve Huhman <steve.huhman@mirant.com>, 
	Roger Pelote <roger.pelote@williams.com>, Rob Nichol
	 <rsnichol@newwestenergy.com>, Randy Hickok <rjhickok@duke-energy.com>, 
	Peter Blood <PeterB@calpine.com>, Nam Nguyen <nam.nguyen@powersrc.com>, 
	Karen Shea <karen.shea@dynegy.com>, Jim Crossen <jcrossen@apx.com>, 
	Janie Mollon <jsmollon@newwestenergy.com>, Jack Pigott
	 <jackp@calpine.com>, Greg Blue <gtbl@dynegy.com>, George Vaughn
	 <gavaughn@duke-energy.com>, Gary Ackerman
	 <foothillservices@mindspring.com>, Ed Cazalet <ed@cazalet.com>, 
	Denice Cazalet Purdum <dpurdum@apx.com>, Curtis Kebler
	 <curtis_l_kebler@reliantenergy.com>, Curt Hatton
	 <curt.hatton@neg.pge.com>, Corby Gardiner <jcgardin@newwestenergy.com>, 
	Charles Miessner <camiessn@newwestenergy.com>, Carolyn Baker
	 <cabaker@duke-energy.com>, Bill Ross <billr@calpine.com>, Alden Hoekstra
	 <ahoekstra@semprasolutions.com>, Max Bulk <mbulk@apx.com>
Cc: Gregg Klatt <gregoryklatt@earthlink.net>, Ed Duncan
	 <EDuncan2@arterhadden.com>, Erica.Manuel@edelman.com, "Fairchild, Tracy"
	 <tracy.fairchild@edelman.com>
Subject: RE: IMPORTANT ! !
Date: Tue, 20 Nov 2001 10:49:09 -0600
X-Mailer: Internet Mail Service (5.5.2653.19)
X-MS-Embedded-Report: 

Thanks, Dan.  I'm having a very difficult time seeing how Enron will have
any choice other than to vigorously (and respectfully) 1) decline to offer
up any contracts and 2) assert our view that Karl Wood it is unfair to
attempt to impose any quid pro quo, i.e., forcing folks to waive their due
process rights by declining to hand contracts over to Karl.
 
Best,
Jeff

-----Original Message-----
From: Dan Douglass [mailto:douglass@energyattorney.com]
Sent: Tuesday, November 20, 2001 9:58 AM
To: ARM; Vicki Sandler; Todd Torgerson; Tamara Johnson; Mara, Susan; Steve
Schleimer; Steve Huhman; Roger Pelote; Rob Nichol; Randy Hickok; Peter
Blood; Nam Nguyen; Karen Shea; Jim Crossen; Dasovich, Jeff; Janie Mollon;
Jack Pigott; Greg Blue; George Vaughn; Gary Ackerman; Ed Cazalet; Denice
Cazalet Purdum; Curtis Kebler; Curt Hatton; Corby Gardiner; Charles
Miessner; Carolyn Baker; Bill Ross; Alden Hoekstra; Max Bulk
Cc: Gregg Klatt; Ed Duncan; Erica.Manuel@edelman.com; 'Fairchild, Tracy'
Subject: IMPORTANT ! !


Attached is a ruling issued yesterday by Commissioner Wood directing that
ESPs and customers file copies of direct access contracts with the
Commission by December 3.  The contracts will be available to ALL other
parties who sign a "suitable" protective order.  The Ordering Paragraphs
read as follow:

1.     By December 3, 2001, any party who believes that it has a direct
access contract or agreement potentially affected by an order to suspend
direct access as of July 1, 2001 or a date earlier than September 20, 2001,
shall submit a true and correct copy of each of the actual contracts or
agreements along with any arguments as to the impact of such an order.  A
failure to submit this information for the Commission's consideration will
be considered a waiver of the arguments related to claims involving the
contracts and agreements.  Initially, the true and correct copy of each of
the actual contracts or agreements shall be filed under seal with the
Commission's Docket Office and served on Administrative Law Judge (ALJ)
Robert Barnett.

2.     Office of Ratepayer Advocates shall work with the parties who have
executed direct access contracts or agreements to develop a proposed
protective order and nondisclosure agreement for Commission staff, which
shall be submitted to ALJ Barnett by December 3.  

3.     The electric service providers and customers who are parties shall
work with other parties and shall jointly submit a proposed protective order
and nondisclosure agreement that will cover parties other than Commission
staff by December 11, 2001. 

4.     Parties' supplemental comments to the comments they filed in response
to the October 23rd Assigned Commissioner Ruling shall be submitted by
January 4, 2002.


As a preliminary matter, of course, AReM and WPTF do not, in their own
names, have direct access contracts.  However, certain members of AReM and
WPTF are direct parties to the proceeding and need to consider what course
they wish to take.  The group also needs to consider if they wish to fight
this Order on Constitutional or procedural grounds.  I will be considering
our options and get back to you with more detail.  However, as a very
preliminary analysis, it is evident that the Commission does not have
jurisdiction over either ESPs or the customers they serve.  The request is
also particularly outrageous because of the statements that, "A failure to
submit this information for the Commission's consideration will be
considered a waiver of the arguments related to the claims involving the
contracts and agreements" and "Parties to this proceeding may have access to
these contracts and agreements after the appropriate protective order and
nondisclosure agreements are in effect."  The former is a likely denial of
due process and the latter exposes proprietary contracts and pricing
information to ESP competitors and exposes sensitive pricing information to
competitors of energy-dependent customers.  
 
Your thoughts would be appreciated.  My initial reaction  is that this is
time for ESPs and customer groups, such as CMTA, ABAG, CLECA, CIU, EPUC,
SPURR, etc., to band together and fight this at multiple levels, from the
Governor's Office on down, including in the media.  Your thoughts would be
very much appreciated.
 
Dan
 
Law Offices of Daniel W. Douglass
5959 Topanga Canyon Blvd.  Suite 244
Woodland Hills, CA 91367
Tel:   (818) 596-2201
Fax:  (818) 346-6502
 <mailto:douglass@energyattorney.com> douglass@energyattorney.com



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