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Subject: FW: Protective Order Articles
Date: Fri, 7 Sep 2001 09:54:41 -0500
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>  -----Original Message-----
> From: 	Denne, Karen =20
> Sent:	Friday, September 07, 2001 9:47 AM
> To:	Sanders, Richard B.; Dasovich, Jeff; Mara, Susan
> Subject:	Protective Order Articles
>=20
> California; Metro Desk
> The State Enron Records to Stay Secret Court: A judge orders
> confidentiality for the power firm's documents. A Senate panel probing
> electricity price gouging has subpoenaed them.
> NANCY VOGEL
> TIMES STAFF WRITER
>=20
> 09/07/2001
> Los Angeles Times
> Home Edition
> B-8
> Copyright 2001 / The Times Mirror Company
>=20
> SACRAMENTO -- Enron Corp., the giant Texas-based seller of electric
> power, won a court ruling Thursday in its quest to guarantee the
> secrecy of hundreds of thousands of internal business documents sought
> by state lawmakers.=20
> A Senate committee investigating price gouging in California's
> wholesale electricity market subpoenaed Enron's documents in April,
> seeking records of electricity sales, bidding strategies, prices and
> out-of-state transactions.
> The company refused to make the documents available without a court
> order protecting the confidentiality of the records. Enron sued July
> 11, and on Thursday Sacramento County Superior Court Judge Charles C.
> Kobayashi granted the company's request for a protective order.=20
> The judge noted in his order that Enron is a business competitor of
> the California Department of Water Resources, which began buying
> electricity on behalf of the state's two largest utilities last
> January.=20
> "Although the committee argues that the Senate is not in competition
> with plaintiff," wrote Kobayashi, "the functions of the Senate and the
> Department of Water Resources are intertwined in so many ways that
> there is no doubt that not only may there be appearances of conflict,
> actual conflicts can arise."=20
> Kobayashi's order is a reversal of an earlier, tentative ruling, in
> which he concluded that imposing a protective order for Enron would be
> an "unacceptable" intrusion by the courts into the internal operations
> of the Legislature.=20
> Karen Denne, a spokeswoman for the Houston-based company, described
> executives as "very pleased" with the court ruling. "Turning over the
> documents was never the issue," she said, "The issue was always
> protecting our rights."=20
> Enron officials will work with committee Chairman Sen. Joe Dunn
> (D-Santa Ana) to craft an agreement that details which documents will
> be reviewed by the eight lawmakers and their aides, Denne said.=20
> Reliant Energy of Houston, another company that resisted demands for
> business records, on Wednesday signed a confidentiality agreement with
> Dunn's committee and will begin bringing 250,000 documents to a
> depository in Sacramento, said Reliant spokesman Marty Wilson.=20
> Dunn said other companies have begun to deliver documents to
> Sacramento, but not all are fully complying with subpoenas.=20
> "There are some major holes that have to be plugged by the market
> participants," he said.=20
> On July 21, the Senate Select Committee to Investigate Price
> Manipulation of the Wholesale Energy Market voted to recommend that
> Enron be cited for contempt for not turning over its documents.=20
> The full Senate has yet to vote on that recommendation.=20
> The committee, which the Senate created in March, has focused its
> investigation on the private companies that purchased power plants
> after California moved to deregulate its electricity market in 1996.
>=20
> Copyright =A9 2000 Dow Jones & Company, Inc. All Rights Reserved. =09
>=20
>=20
> Sept. 7, 2001
> Briefs: City & State=20
> California judge says no to Enron subpoena
> SACRAMENTO, Calif. -- Enron Corp. received a protective order Thursday
> for documents subpoenaed by a California state Senate committee.=20
> Sacramento Superior Court Judge Charles Kobayashi ruled that
> Houston-based Enron can prevent the legislative panel from sharing
> information in the thousands of documents relating to energy trading
> in California.=20
> "Once the confidential information is disclosed, no amount of
> sanctions will be able to rectify the damage that might be caused,"
> Kobayashi wrote in his order.=20
> The Senate committee requested documents including e-mails, phone
> logs, financial records and records of any Enron "trading strategies."
> The panel is probing whether generators manipulated the power market.=20
>=20
> Enron Wins Document Protection Order From Calif Judge
> By Jessica Berthold
>=20
> 09/06/2001
> Dow Jones Energy Service
> (Copyright (c) 2001, Dow Jones & Company, Inc.)
>=20
> OF DOW JONES NEWSWIRES=20
> LOS ANGELES -(Dow Jones)- A Sacramento Superior Court judge Thursday
> ruled that Enron Corp (ENE) must comply with a legislative subpoena of
> financial documents, but reversed an earlier decision and granted the
> company a protective order of the documents, according to a copy of
> the ruling seen by Dow Jones Newswires.
> Enron said the ruling was a victory, as the company has always
> maintained it would be happy to comply with the subpoena by the state
> Senate committee as long as the company received a protective order.=20
> "We are obviously very happy with the ruling and look forward to
> working with the committee to come up with a protective order that
> truly protects our proprietary information," said Enron spokesman Mark
> Palmer.=20
> The Senate Select Committee To Investigate Market Manipulation has
> already cited Enron and Reliant Energy, Inc (REI) with contempt for
> refusing to provide documents, a charge for which the companies could
> be fined.=20
> Once Enron and the committee draft a protective order and the judge
> agrees to it, the company will hand over any documents that the
> committee wants, Palmer said.=20
> However, an attorney for the committee expressed skepticism that the
> company would actually follow through.=20
> "We have no indication from Enron that they would agree to produce the
> documents we've requested, even with the confidentiality order," said
> Larry Drivon, special counsel to the committee.=20
> He added that he could not speculate if the committee would drop its
> contempt charge if Enron did produce all requested documents.=20
> In his decision granting the protective order, Judge Charles Kobayashi
> wrote that he was not convinced the committee has solid standards in
> place to ensure Enron's protection.=20
> "It is clear that there are no standards for determining what are the
> available protections, no procedure for determining what is a
> legitimately confidential, privileged, proprietary matter, no
> procedure for oversight and no prescribed remedy for (Enron) for any
> unauthorized disclosures," Kobayashi wrote.=20
> Last week, a San Francisco Superior Court judge granted Enron a
> protective order in a separate investigation by the state attorney
> general.=20
> -By Jessica Berthold; Dow Jones Newswires; 323-658-3872;
> jessica.berthold@dowjones.com
>=20
> Copyright =A9 2000 Dow Jones & Company, Inc. All Rights Reserved. =09
>=20
> USA: Enron must give documents to Calif. lawmakers-judge.
>=20
> 09/06/2001
> Reuters English News Service
> (C) Reuters Limited 2001.
>=20
> SAN FRANCISCO, Sept 6 (Reuters) - Enron Corp. must turn over sensitive
> financial documents to a state Senate committee probing charges of
> price gouging during the state's energy crisis, a California judge
> ruled on Thursday.=20
> But Sacramento Superior Court Judge Charles Kobayashi also ruled
> lawmakers must provide Enron with a confidentiality agreement, saying
> he was not convinced the committee would respect the firm's right to
> maintain proprietary secrets.
> "If the committee could take the requested action in the name of the
> public interest, then the committee ostensibly could require
> newspapers to surrender their confidentiality rights, attorneys to
> surrender their attorney-client privilege, (and) psychiatrists to
> surrender their privileges," the judge wrote.=20
> The Senate Select Committee to Investigate Market Manipulation has
> subpoenaed documents from a number of energy firms to probe
> accusations California power agencies and utilities were overcharged
> some $8.9 billion for wholesale electricity during the state's energy
> crisis which saw power prices in the state soar tenfold.=20
> Independent energy merchants have blamed the price spike on the
> state's poorly designed electricity deregulation law and a failure to
> build enough power plants to meet the growing needs of its 34 million
> residents and its industries.=20
> An Enron spokeswoman said on Thursday the firm has already turned over
> tens of thousands of documents, but wanted assurances that certain
> sensitive documents containing proprietary trade secrets, for example,
> would be protected under a confidentiality agreement.=20
> The firm will now work with the committee to hammer out the specifics
> of such an agreement, said Enron spokeswoman Karen Denne.=20
> "We are pleased with the judge's order in that he agreed that our
> constitutional right would be protected," Denne said. "The issue has
> always been protecting the confidential documents."=20
> The committee has already asked the full Senate to cite Enron as well
> as Reliant Energy Inc. for contempt for failing to comply with a
> subpoena seeking confidential documents. It would be the first such
> citation imposed by the state Senate since 1929, but has not yet come
> up for a vote.=20
> Atlanta-based Mirant Corp. however, avoided the contempt threat by
> agreeing with legislators' demands to sign confidentiality agreements,
> open a document depository close to Sacramento, and begin placing
> documents there relating to the company's recent business in
> California.=20
> Sacramento judge says committee must protect Enron documents
> By JENNIFER COLEMAN
> Associated Press Writer
>=20
> 09/06/2001
> Associated Press Newswires
> Copyright 2001. The Associated Press. All Rights Reserved.
>=20
> SACRAMENTO (AP) - Enron Corp. must turn over sensitive financial
> documents to a state Senate committee investigating possible price
> manipulation of wholesale energy prices, a judge ruled Thursday, but
> the state must give the energy company a confidentiality agreement.=20
> Sacramento Superior Court Judge Charles Kobayashi said in his ruling
> that he wasn't convinced that the Senate committee "will be able to
> maintain the petitioner's right to confidentiality."
> The Select Committee to Investigate Price Manipulation in the
> Wholesale Energy Market subpoenaed documents from six energy companies
> as they investigated last year's price spikes in the wholesale
> electricity market.=20
> If the committee went forward without a confidentiality agreement,
> Kobayashi said, it could then require the same of newspapers,
> attorneys or psychiatrists.=20
> Enron's motion to quash the subpoenas were dismissed last week and the
> judge reaffirmed that ruling Thursday. Another Enron motion seeking an
> injunction against the committee will be heard Wednesday.=20
> Company spokeswoman Karen Denne called the protective order ruling a
> victory. "This gives us the confidentiality agreement we've been
> seeking."=20
> The order's specifics will be worked out with Sen. Joe Dunn, D-Santa
> Ana, the committee chairman. It will then be signed by a judge, once
> both sides agree.=20
> Enron officials have offered to turn over 25,000 documents that were
> already in California, but refused to comply with the rest of the
> subpoena.=20
> The committee found Enron in contempt for not turning over all the
> requested documents. A full report on the contempt finding has been
> sent to the full Senate, which has not voted on it. A contempt report
> on Reliant Energy has also been sent to the Senate.=20
> A contempt finding against Mirant Corp. was later reversed when the
> company opened a document depository in Sacramento for the committee's
> investigators.=20
> If the full Senate imposes sanctions against Reliant or Enron, it will
> be the first time since 1929, when the Senate voted to jail reluctant
> witnesses during a committee investigation of price fixing and price
> gouging involving cement sales to the state.
> Enron Wins Document Protection Order From Calif Judge
> By Jessica Berthold
>=20
> 09/06/2001
> Dow Jones Energy Service
> (Copyright (c) 2001, Dow Jones & Company, Inc.)
>=20
> OF DOW JONES NEWSWIRES=20
> LOS ANGELES -(Dow Jones)- A Sacramento Superior Court judge Thursday
> ruled that Enron Corp (ENE) must comply with a legislative subpoena of
> financial documents, but reversed an earlier decision and granted the
> company a protective order of the documents, according to a copy of
> the ruling seen by Dow Jones Newswires.
> Enron said the ruling was a victory, as the company has always
> maintained it would be happy to comply with the subpoena by the state
> Senate committee as long as the company received a protective order.=20
> "We are obviously very happy with the ruling and look forward to
> working with the committee to come up with a protective order that
> truly protects our proprietary information," said Enron spokesman Mark
> Palmer.=20
> The Senate Select Committee To Investigate Market Manipulation has
> already cited Enron and Reliant Energy, Inc (REI) with contempt for
> refusing to provide documents, a charge for which the companies could
> be fined.=20
> Once Enron and the committee draft a protective order and the judge
> agrees to it, the company will hand over any documents that the
> committee wants, Palmer said.=20
> However, an attorney for the committee expressed skepticism that the
> company would actually follow through.=20
> "We have no indication from Enron that they would agree to produce the
> documents we've requested, even with the confidentiality order," said
> Larry Drivon, special counsel to the committee.=20
> He added that he could not speculate if the committee would drop its
> contempt charge if Enron did produce all requested documents.=20
> In his decision granting the protective order, Judge Charles Kobayashi
> wrote that he was not convinced the committee has solid standards in
> place to ensure Enron's protection.=20
> "It is clear that there are no standards for determining what are the
> available protections, no procedure for determining what is a
> legitimately confidential, privileged, proprietary matter, no
> procedure for oversight and no prescribed remedy for (Enron) for any
> unauthorized disclosures," Kobayashi wrote.=20
> Last week, a San Francisco Superior Court judge granted Enron a
> protective order in a separate investigation by the state attorney
> general.=20
> -By Jessica Berthold; Dow Jones Newswires; 323-658-3872;
> jessica.berthold@dowjones.com
>=20
>=20


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