Bob, I disagree that Alternative 2 is the "next best thing" to filing testimony on ripple.  Alternative 2 is the best approach because (as we are pursuing it) we preserve all of our rights and, at the same time, preserve the possibility that this case will go nowhere.

Jeffrey D. (Dan) Watkiss
Bracewell & Patterson, LLP
2000 K St., N.W.
Suite 500
Washington, D.C.   20006-1872
(202) 828-5851
dwatkiss@bracepatt.con
jdwatkiss@aol.com

>>> "Frank, Robert" <Robert.Frank@ENRON.com> 08/22/01 04:28PM >>>
Jim wanted the advantages/disadvantages of the ripple options noted in
my memo.  Here's my take:

Alternative 1 - File "ripple" refund claim
Advantages: (1) testimony goes in record and is available for
briefing/argument;(2)procedural risks are minimized.
Disadvantages:  (1) implicitly undermines primary position that refunds
are unjustified; (2)witnesses are available for cross-examination; (3)
ALJ may reject depending on ruling on proposed order.

Alternative 2 - File "offer of proof" showing ripple claims
Advantages: (1)next best thing to testimony; (2) keeps burden and focus
on initial claimants', (3) only marginally compromises procedural
position if ALJ accepts proposed order.

Gary/Dan - do you agree? Comments?


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