Mike - Here is the situation.  Between ENA and EES, we sell gas to core and 
non-core customers, and also have gas in storage as well as in the park and 
lend service.  I think we can be sympathetic to the ORA argument that the 
diversion tariff penalties did not anticipate OFOs and EFOs in situations 
such as we face here (shortages due to credit problems rather than lack of 
supply).  Assessing extreme penalties, as the OFO/EFOs would do, on users who 
are not perfectly imbalance under this situation certainly seems unfair.  
However, I think we should argue that limiting the payments to 
shippers/customers whose gas is diverted to serve core customers to a market 
index may not fully compensate for the diversion.  The pay back specifically 
does not include interstate pipeline charges, and there may be other costs as 
well to the marketer/customer who had supplies taken away.  

I need an estimate of the cost to make this filing and follow it up for the 
RCR process, and I would also like any feedback anyone has on what our 
position should be in this matter.  The response is due Friday.