I predict that we will not prevail in an objection to consolidation. Judges love to consolidate unless there is a compelling reason not to do so. A one month delay will not be enough to persuade the AJL to not consolidate if you consider the advantages to the judges, so we would need a better reason.  Do we have anything else to go on?  (I don't think the Margate issue is enough, either.)

I doubt we will have the settlement buttoned up by the second week of December, which could leave us in the position of needing to continue the hearing until January anyway.

Kay

-----Original Message-----
From: BarshK@gtlaw.com [mailto:BarshK@gtlaw.com]
Sent: Monday, November 05, 2001 5:00 PM
To: Mann, Kay; Krimsky, Steven; Jacoby, Ben; OrshefskyD@GTLAW.com
Cc: ReetzR@gtlaw.com
Subject: Pompano Beach and Deerfield Beach/Air Permitting Update 


    Kay, Steve, Ben, and Debbie --  
        I spoke with Martha Nebelsiek today and she indicated that DEP is
intending to file a motion for consolidation of the two air proceedings into
a single proceeding.  To that end,  Martha believes that the proceedings
should be heard sometime in January 2002, depending upon which of the cases
is consolidated into the other.  Martha believes that consolidation is
appropriate now because the permit conditions recommended by DEP are
consistent and that, for evaluation purposes, the DEP considered the sites
as one.   Martha will be filing a motion for consolidation and wanted our
position on the proposed consolidation.  I told her that we would likely
oppose such a motion but that I would check with you before finalizing our
position.  
        Consolidation has its advantages and disadvantages.    The cases, if
consolidated, may be less expensive to try.  Yet, the hearing in December
may be at risk if consolidation occurs.    In addition, the parties are not
exactly the same in each proceeding  (Margate is not a participant in the
Deerfield proceeding).  I need to get back to Martha as soon as possible
with Enron's position on the proposed consolidation.   If she does not hear
back from me soon, then Martha will likely file the motion and indicate that
Enron objects to the consolidation.    
         Ryan and I also need to get approval to submit Enron's response to
DEP's Change of Position on the Pompano Beach air permit.   I promised not
to file any response last week, given the pending settlement negotiations
but we need to respond to the Change in the next few days. 
         Please advise me of your thoughts on the consolidation.  
            --Kerri    . 


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