Allyson,

What is the proceedure for objecting to a request (either the intervenor's or 
the Public Staff's)?  Is our position weakened in resisting an intervenor's 
request if we have given the same information to the Public Staff?

Thanks again,

Kay




"Duncan, Allyson" <aduncan@kilstock.com> on 09/12/2000 09:41:54 AM
To: "'Kay.Mann@enron.com'" <Kay.Mann@enron.com>
cc:  

Subject: RE: CPCN proceeding - AG intervention

I thought you might ask me that!  NCNG could make the request, but we would
have a good argument that it doesnt have the same need to know as the Public
Staff and Attorney General (which both represent "the Public") and that the
potential for misuse of proprietary information is much greater and harder
to circumscribe.  I tend to think NCNG would not ask.  Based on the limited
statement of interest in their petition to intervene, it's hard for me to
see what they could justify asking for.  Also, they always have to be
careful, because more often than not, they are going to be on the receiving
end of data requests.  They can't argue that they're entitled to obtain
certain information if they ever want to argue that they don't have to
disclose the same thing.

-----Original Message-----
From: Kay.Mann@enron.com [mailto:Kay.Mann@enron.com]
Sent: Tuesday, September 12, 2000 10:14 AM
To: Duncan, Allyson
Subject: RE: CPCN proceeding - AG intervention



Can the gas company also make the same requests?






"Duncan, Allyson" <aduncan@kilstock.com> on 09/12/2000 09:08:11 AM

To:   "'Kay.Mann@enron.com'" <Kay.Mann@enron.com>, "Duncan, Allyson"
      <aduncan@kilstock.com>
cc:   Tom.Chapman@enron.com, Heather.Kroll@enron.com,
      Ozzie.Pagan@enron.com, Jeffrey.Keenan@enron.com,
      Reagan.Rorschach@enron.com, "Fine, Jonathan" <JFine@kilstock.com>

Subject:  RE: CPCN proceeding - AG intervention

The NC Attorney General asserts a statutory right to intervene which I
think
misreads the statute but which the Commission has always allowed.  The AG
routinely intervenes.  I suspect that in this case they are interested in
the possibility of bypass and the merchant plant issue.  I will call Len
Green today to find out.  The AG can make the same discovery requests that
the Public Staff makes, subject, as was the case with the Public Staff, to
the execution of a confidentiality agreement.

-----Original Message-----
From: Kay.Mann@enron.com [mailto:Kay.Mann@enron.com]
Sent: Tuesday, September 12, 2000 10:00 AM
To: aduncan@kilstock.com
Cc: Tom.Chapman@enron.com; Heather.Kroll@enron.com;
Ozzie.Pagan@enron.com; Jeffrey.Keenan@enron.com;
Reagan.Rorschach@enron.com; jfine@kilstock.com
Subject: CPCN proceeding - AG intervention


Hi Allyson,

What is your impression of why the NC attorney general's office has
intervened in the CPCN proceeding?  Is this typical?  Does the AG's office
(or any other intervenor) have any special rights to discover any of the
confidential information we file?

Thanks,

Kay