This is probably not a good thing for marketing affiliates in general!!  

We can't figure out what El Paso's strategy is here, but surely they have one.  Either that, or they were afraid to put their guys back on the stand on the affiliate abuse issue.

 -----Original Message-----
From: 	Fulton, Donna  
Sent:	Monday, August 06, 2001 2:53 PM
To:	Cantrell, Rebecca W.; Lawner, Leslie; Steffes, James D.
Cc:	Novosel, Sarah; Nicolay, Christi L.; Dasovich, Jeff; Yoho, Lisa; Thome, Jennifer
Subject:	CPUC v. El Paso

The California affiliate abuse case of El Paso ended today when El Paso refused to bring CEO William Wise, and Chairman of the pipeline, John Somerhalder to testify before the ALJ.  The Judge had warned El Paso on Friday that it must defend itself against the accusations set forth by the CPUC.  Instead, El Paso made a motion for summary judgement to the Judge.  After a very short recess, the Judge came back and denied the motion finding that the CPUC had made its prima facia case and El Paso had failed to provide the full record to defend itself.  Much of the evidence in the case was reviewed by the Judge in camera and put into the record in a redacted format.   The Judge's Initial Decision is due October 9, 2001.  The Judge made further comments that this was clearly a case of a pipeline and merchant affiliate dealing both sides of a deal.  The Judge indicated that information about all aspects of the pipeline and merchant businesses was sent to Wise in memoranda with minute detail with cc:s to Somerhalder.