MEMORANDUM

TO: Regulatory Affairs Committee
       Power Marketers Working Group

FROM: Joe Hartsoe, Regulatory Affairs Committee Chair
            Bob Reilley, Power Marketers Working Group Chair
            Julie Simon, Vice President of Policy

DATE: April 10, 2001

RE: Draft EPSA Brief to the Supreme Court in the Appeal of
      Order No. 888
      ? Comments due by Friday, April 13th

Attached is a draft of the brief EPSA's counsel has drafted for filing in 
support of Enron's position in the U.S. Supreme Court appeal of Order No. 
888.  EPSA's brief focuses on how FERC's failure to assert jurisdiction over 
interstate transmission bundled with retail power sales creates a regulatory 
gap that allows vertically integrated utilities substantial competitive 
advantages and creates incentives for discrimination.

Please review the draft brief and provide written comments to Julie Simon at 
202-628-8200 or jsimon@epsa.org by close of business on Friday, April 13th.  
The brief must be filed with the Court on Thursday, April 19th, but we need 
to allow adequate time from printing to the Court's specifications.   If you 
have any questions or concerns, please contact Julie.

Attachment

 - Supreme Court Brief.doc