Everyone has signed off on the letter. Go ahead and send.



	"Meringolo, Peter" <PMeringolo@brobeck.com>
	11/16/2000 03:27 PM
		 
		 To: "'Richard.B.Sanders@enron.com'" <Richard.B.Sanders@enron.com>, 
"'msmith1@enron.com'" <msmith1@enron.com>, "'Mary.Hain@enron.com'" 
<Mary.Hain@enron.com>, "'David_Aamodt@pgn.com'" <David_Aamodt@pgn.com>, 
"'Christian.Yoder@enron.com'" <Christian.Yoder@enron.com>, "'mday@gmssr.com'" 
<mday@gmssr.com>, "Fergus, Gary S." <GFergus@brobeck.com>, "Stephen C. Hall 
(E-mail)" <schall@stoel.com>
		 cc: 
		 Subject: Draft letter to the CPUC


Please let either Gary or me know your thoughts and comments regarding the
below draft letter to the CPUC.

Thanks,

Peter

> PRIVILEGED AND CONFIDENTIAL
> ATTORNEY CLIENT COMMUNICATION
> ATTORNEY WORK PRODUCT
>
>
>
> Harvey Morris Esq.
> California Public Utilities Commission
> 505 Public Utilities Commission
> San Francisco, California   94102
>
>  Re:   I.00-08-002  Subpoenas Served on Enron Power Marketing, Inc.
> ("EPMI"), Enron Energy Services Operations Inc. and Enron Energy Services
> Inc. (collectively referred to as "EES"), Enron Energy Marketing
> Corporation ("EEMC"), and Portland General Electric Corporation ("Portland
> General")(collectively sometimes referred to as the "Enron Entities")
>
> Harvey,
>
>  I am writing in response to the various voicemail exchanges and
> phone calls between Michael Day, on behalf of the Enron Entities, and
> yourself during the past few weeks.  Here is the current status as we
> understand it.  Based upon the agreements we reached between October 6,
> 2000 and October 18, 2000 (date of your confirming email) the Enron
> Entities have made the following document productions in response to the
> subpoenas served by California Public Utilities Commission (the
> "Commission"):
>
> * October 13, 2000  Bate Nos. Enron Entities 000001-000025 on behalf
> of all Enron Entities Responsive to Request Nos. 1-11, 20.
>
> * October 27, 2000 Bate Nos. P000001-002115 on behalf of Portland
> General Responsive to Request Nos. 12, 14, 16 and 18.
>
> * November 14, 2000 Bate No. Enron Entities 000026 (Diskette with
> EES/EEMC retail data) Responsive to Request Nos. 7 to 11, 13, 15 to 17,
> and 19.
>
> * November 15, 2000 Bate No. P002116-002117 (Diskettes with Portland
> General Data, which include approximate 355,000 wholesale transactions)
> Responsive to Request Nos. 7 to 11, 13 to 17, and 19.
>
> We believe with these productions, we have complied with the October
> 6-18th agreement with respect to Portland General and EES/EEMC.  As you
> know, these productions were all made reserving the Enron Entities rights
> to object or challenge the subpoenas and reserving any claims, defenses,
> objections, jurisdictional or otherwise, or other responses.
>
>  We originally had hoped to have all of the Transactional Data for
> EPMI, as defined in our October 6th email, available for production by
> October 27th.  However, we were also mindful of your expressed expectation
> that any data provided be useful and reliable.  The collection of data you
> requested in the subpoenas is neither kept electronically in the same
> location nor organized as you requested it.  In fact during our review of
> some of the data we found significant errors that called into question the
> methodology by which the data was extracted from existing information.
> When it became apparent that we could not accurately estimate how long it
> would take to get reliable data given the volume of transactions involved,
> we informed you of the problem.  We now understand that if we cannot give
> you a firm date when the balance of the Transactional Data will be
> available, the Commission believes it will have no choice but to seek to
> compel production before the Federal Regulatory Energy Commission
> ("FERC").  We understand the pressure that you must be under to get data
> immediately, but we cannot, at this time, give you another date in the
> immediate future by which we are certain that we will be able to produce
> accurate data.
>
>  Moreover, during the iterim between October 18th and today, a number
> of significant events have occurred that we believe bear on the subpoenas
> served on the Enron entities.  First, we understand that many other
> parties who were served with the same subpoenas have not provided the
> detailed information requested and have objected on a variety of very
> sound legal grounds.  Second, the Commission itself has, without a hearing
> on the motion, unilaterally revised the proposed protective order that is
> supposed to govern these productions and summarily denied other changes
> sought by other parties served.  Third, the Commission has filed its
> motion before FERC seeking an order compelling the production of the data
> from those other parties that have objected and seeking an expedited
> hearing and production schedule.  We note that the reasons stated in the
> motion before FERC as the basis for the production are materially
> different than the reasons originally stated in the ex parte application
> to the Commission's own Administrative Law Judge who issued the subpoenas.
> Finally, FERC itself has completed its investigation and has issued a
> tentative order as of November 1, 2000.
>
>  Originally, the Enron Entities had been prepared to accept "most
> favored nation" treatment with respect to protective orders and requests
> by others to limit the scope of the subpoenas and produce information that
> was available.  However, given both the Commission's stated urgent need
> for an immediate answer that EPMI cannot in good faith give despite
> substantial effort (date for production of reliable and accurate
> Transaction Data) and the uncertainty created by the above described
> intervening events, EPMI believes it has no choice but to serve its formal
> objections and responses to the subpoenas and await the Commission's
> threatened motion to compel before FERC.
>
>  We also understand from our discussions with you that the Commission
> has created various lists or categories for the entities that have been
> served with subpoenas.  We understand that there is a list for those
> entities that have been cooperating, a list for those who have been
> delaying and a list for those who have been objecting and exercising their
> rights to challenge the subpoenas.  We understand that the Commission
> intends to punish, by whatever means it has available, those entities that
> object and exercise their rights to challenge the subpoenas.  We deplore
> these tactics, but despite all of the efforts to cooperate described
> above, we understand that EPMI may in fact be moved from the cooperating
> list to the group to be punished for exercising its rights.
>
>  If you have and questions or comments, please do not hesitate to
> contact me.
>
>         Sincerely,
>
>
>
>         Gary S.
> Fergus

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