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		State  Bar of Michigan e-Journal for Wednesday, May 30, 2001

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		Cases  affecting the following practice areas are summarized  in today's
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		Tax

		Special  Note: Today's  e-Journal includes summaries of one Court of Appeals
published  opinion and two U. S. Sixth Circuit Court of Appeals opinions  in
the following practice areas: Civil Rights, Criminal  Law, and Real Property.

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		case  summaries

		Civil  Rights

		Back  to Quicklinks

		This  summary also appears under Real Property

		Issues:  Alleged violations of the Fair Housing Act and analogous state
anti-discrimination housing provisions; Whether the landlord met  its burden
in attempting to provide reasonable accommodations for  the tenant with a
known mental disability; Whether the district  court improperly drew
inferences against the nonmoving party
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: Groner v. Golden Gate Gardens Apartments
		e-Journal  Number: 10343
		Judge(s):  Gilman, Siler, and Duggan

		Deciding an  issue of first impression in the circuit, the court held that a
plaintiff in a Fair Housing Act case has the burden of proof to  establish
the reasonableness of a proposed accommodation. Since  landlord-Golden Gate
had a legitimate interest in ensuring the quiet  enjoyment of all its
tenants, and there was no showing of  a reasonable accommodation that would
have enabled the plaintiff,  who suffered from schizophrenia and depression,
to remain in his  apartment without significantly disturbing another tenant,
plaintiff  failed to raise a genuine issue of material fact as to a
violation  of his rights under either the Fair Housing Act or the equivalent
state laws. Plaintiff allegedly screamed and slammed doors within  his
apartment, causing the tenant in the apartment above his to  make repeated
complaints to Golden Gate's manager. The parties attempted  unsuccessfully to
resolve the issue over a period of time, during  which Golden Gate
soundproofed plaintiff's front door and attempted  to work with his social
worker to resolve plaintiff's behavior.  Affirmed.

		Full  Text Opinion

		Constitutional  Law

		Back  to Quicklinks

		This summary  also appears under Media Law

		Issues:  The First Amendment right of the press to gather information;
Whether the court clerk could grant access to identity of trial  jurors
		Court:  U.S. District Court Eastern District of Michigan
		Case  Name: In re Bay City Times
		e-Journal  Number: 10328
		Judge(s):  Lawson

		Since the subject  of the request (release of the names and communities of
residence  of the trial jurors in the underlying criminal case) constituted
matters which were already in the public record, and releasing the
information would not unduly infringe on the jurors' privacy interests,  the
court granted the petitioner-newspaper's request. The underlying  criminal
case involved the former superintendent of the city wastewater  treatment
plant. The jury returned a verdict on the charges of violation  of the Clean
Water Act. During voir dire each prospective  juror announced his or her name
and community of residence. The  trial attracted the attention of the local
media. After the verdict  was returned, a reporter requested the names of the
trial jurors  from the court clerk. Thereafter, petitioner requested an
order  for the disclosure of the jurors' names and communities of residence,
but not their telephone numbers or home addresses. The request was  measured
and confined to matters within the public record, and its  disclosure would
not compromise juror privacy.

		Full  Text Opinion

		Criminal  Law

		Back  to Quicklinks

		Issues:  Order compelling defendant to produce reports created by his  expert
witnesses when no such reports were created or existed; MCR  6.201; Trial
court,s authority to modify the court rules
		Court:  Michigan Court of Appeals (Published)
		Case  Name: People v. Phillips
		e-Journal  Number: 10346
		Judge(s):  Per Curiam ) Holbrook, Jr., Hood, and Griffin

		The trial court  erred in ordering defendant to disclose to the prosecutor
reports  created by his expert witnesses when no such reports were created
or existed, and the prosecutor was not entitled to the unwritten
observations of defendant,s expert witnesses. The plain language  of the
applicable court rule provided only that reports "produced"  by defendant,s
experts were subject to disclosure, and "reports"  necessarily meant only
written reports that have actually been produced.  The court held that there
is no requirement for an expert to create  a physical report, and an expert
may testify based solely on observations  obtained at trial. The trial court
also did not show why good cause  existed to modify the court rule in this
case. Reversed and remanded.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  Writ of habeas corpus pursuant to o 2254; Right to a  timely parole
violation hearing; Granting or rescinding of good  time sentence credits; Due
process; Michigan Department of Corrections  (MDOC)
		Court:  U.S. District Court Eastern District of Michigan
		Case  Name: Moore v. Hofbauer
		e-Journal  Number: 10330
		Judge(s):  Tarnow

		Petitioner,s  request for a writ of habeas corpus was denied and the
petition  dismissed because his parole revocation hearing was held within  a
reasonable time after he was taken into custody, and he was not  improperly
denied or deprived good time credits. Although petitioner,s  revocation
hearing occurred 49 days after he was available for MDOC  custody, instead of
the 45 days provided by state statute, the hearing  was held within a
reasonable time. The hearing, held within two  months after petitioner was
taken into custody on the parole violator  warrant, was presumptively
reasonably timely, and petitioner failed  to show prejudice. The warden,s
decision not to grant petitioner  good time credits for the period during
which petitioner tested  positive for controlled substances and was a parole
absconder, was  a reasonable exercise of discretion.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  Admissibility of victim's statements about abuse to police officer
and her mother
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: People v. Denton
		e-Journal  Number: 10335
		Judge(s):  Memorandum - McDonald, Smolenski, and Kelly

		Although the  trial court abused its discretion in allowing a police officer
to  testify under MRE 803(2) as to what the victim told her about the  abuse,
the officer's testimony was admissible under MRE 801(d)(1)(B)  to rebut an
implied charge of recent fabrication or improper motive  on the part of the
victim. The evidence did not fall within the  excited utterance exception to
the hearsay rule because the statements  were neither spontaneous nor made
while the victim was still under  the influence of the excitement caused by
the abuse. Defendant's  trial theory was that the victim had fabricated the
alleged abuse  and had lied because she resented his attempts to discipline
her.  The victim's prior consistent statement tended to rebut those claims.
Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  Sentencing of a second habitual offender; Jurisdiction to
resentence  defendant; Applicability of MCL 771.1; MSA 28.1131(1); Right to
a speedy trial and delayed sentencing; Proportionality of sentence
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: People v. Phillips
		e-Journal  Number: 10313
		Judge(s):  Per Curiam ) White, Cavanagh, and Talbot

		Defendant,s  sentence as a second habitual offender was supported by the
facts  of the case, and his age and his ineligibility for disciplinary
credits as an habitual offender, which meant that he had to serve  his entire
minimum sentence before becoming eligible for parole,  did not negate that.
Defendant,s argument that the trial court did  not have jurisdiction to
resentence him failed because the statute  upon which he relied did not apply
to his case, and even if it did,  there was good cause for the delay. From
the time leave was denied  by the Supreme Court, sentencing was delayed for
approximately one  year and four months. Defendant filed a motion to quash
resentencing  that caused resentencing to be adjourned, and after the motion
was  heard and denied, resentencing took place within 30 days. Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  Habitual offender charge based on prior conviction that was a
felony  and at time of OUIL conviction constituted a misdemeanor;
Ineffective  assistance of counsel
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: People v. Piotrowski
		e-Journal  Number: 10332
		Judge(s):  Memorandum - Jansen, Zahra, and Owens

		The trial court  did not err by using defendant's prior conviction to convict
him  as a second habitual offender because the offense is now classified  as
a misdemeanor. Defendant claimed that use of the prior conviction  in this
manner violated the ex post facto clauses of the  United States and Michigan
Constitutions. The court disagreed and  affirmed defendant's conviction as a
second habitual offender and  the sentence imposed pursuant to that
conviction. A sentencing court  may use a prior conviction of a crime that
was classified as a felony  at the time it was committed to enhance the
sentence for a subsequent  felony conviction, even though the prior crime has
been reclassified  as a misdemeanor. Defendant's prior conviction of failing
to return  rental property was a felony at the time he committed the
offense,  therefore the trial court properly used it to sentence him as a
second habitual offender. Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  The trial court's refusal to accept guilty plea; Whether the  trial
court may reject pleas to reduced charges; Waiver
		Court:   Michigan Court of Appeals (Unpublished)
		 Case  Name: People v. Winbush
		e-Journal  Number: 10333
		Judge(s):  Memorandum - McDonald, Smolenski, and Kelly

		The trial court  did not commit reversible error when it refused to accept
defendant's  guilty plea to a probation violation. The petition charging
defendant  with probation violation contained six allegations. The
prosecutor  indicated that if defendant pleaded guilty to one allegation,
she  would drop the others. The trial court disapproved of that procedure
and required the parties to proceed with a hearing. A defendant  does not
have an absolute right to have a guilty plea accepted and  the court may
reject a plea in the exercise of its sound discretion.  The trial court may
also reject pleas to reduced charges. Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  Motion to dismiss based on the grounds that defendant,s statements
were not "true threats," and therefore were protected speech; Knowingly
transmitting a threat to kidnap in interstate commerce in violation  of 18
U.S.C. o 875(c); Knowingly transmitting a threat to injure  in interstate
commerce in violation of o 875(c); Making interstate  telephone calls that
were lewd, indecent, obscene, and lascivious,  with the intent to abuse,
harass, and annoy another person in violation  of 47 U.S.C. o 223(a)(1)(A)
and (B)
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: United States v. Landham
		e-Journal  Number: 10344
		Judge(s):  Suhrheinrich, Moore, and Edmunds

		The district  court erred in failing to dismiss Count Three of the
indictment  alleging that defendant knowingly transmitted a threat to kidnap
in interstate commerce. The statement "You will not have Priscilla  by her
second birthday, because I'm going to have all your children  . . . . You
will not have Priscilla to raise. . . I'm going to get  her," contained no
communication containing a direct threat  to kidnap, nor would a reasonable
observer in the victim,s shoes  perceive it as an indirect threat. The
defendant and the victim  were embroiled in a divorce proceeding. The victim
had obtained  a Domestic Violence Order removing defendant from the home and
barring  him from contact with his daughter. Defendant,s statement, "I'm
going to get her," in context, referred to the custody battle during  the
divorce proceeding. There was no allegation that defendant had  ever
attempted to abduct the child in the past. Defendant could  not have legally
been charged with kidnapping since Priscilla was  his biological daughter and
his parental rights had not been terminated.  Defendant,s convictions were
reversed and remanded.

		Full  Text Opinion

		Family  Law

		Back  to Quicklinks

		Issues:  Termination of parental rights; Whether petitioner made reasonable
attempts to reunify the family; Sufficiency of the referee's findings
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re Balowski
		e-Journal  Number: 10334
		Judge(s):  Memorandum - McDonald, Smolenski, and Kelly

		Although respondent-father  complied with some aspects of the parent/agency
agreement, the trial  court did not clearly err in finding that the statutory
grounds  for termination were established by clear and convincing evidence
and that the evidence did not show that termination of respondent's  parental
rights was clearly not in the children's best interests.  Respondent claimed
that petitioner failed to make reasonable efforts  to reunify the family,
however those deficiencies did not involve  the principal issue leading to
termination, which was respondent's  failure to successfully address his
substance abuse problem. Affirmed

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  Termination of parental rights under oo 19b(3)(g) and (j)
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re DJH
		e-Journal  Number: 10339
		Judge(s):  Memorandum ) Collins, Hoekstra, and Gage

		The trial court  did not err in concluding that clear and convincing evidence
supported  termination of respondent-mother,s parental rights. The record
showed  that respondent and her children shared a close bond. However, it
also showed that respondent continued to have contact with and marry  her
boyfriend after she knew of his violent tendencies and that  he likely
injured her children, and after the court ordered that  he have no contact
with the children. Although respondent later  divorced her husband, and
testified that she was no longer involved  with him, other trial testimony
indicated that she did continue  to be involved with him. The trial court,s
findings indicated that  it did not credit respondent,s testimony, and the
court found nothing  in the record to suggest that the trial court clearly
erred in that  regard. Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  Termination of parental rights under oo 19b(3)(b)(i), (b)(ii),  (g),
and (j)
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re M.J.C.R.
		e-Journal  Number: 10341
		Judge(s):  Memorandum ) Holbrook, Jr., Hood, and Griffin

		Even if the  family court erred in terminating respondent-mother,s parental
rights  under o 19b(3)(g), the error was harmless because the remaining
statutory grounds with regard to her were established with clear  and
convincing evidence. The evidence indicated that the mother  was in a
position where she should have known of the sexual abuse  of her daughter by
her husband, respondent-father, her daughter,s  stepfather. She was well
aware of the physical abuse of both children  by the father, yet continued to
reside with him, exposing the children  to further abuse. The mother also had
a history of emotional and  psychological problems, including several suicide
attempts in front  of the children. Termination of both respondents, parental
rights  was affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  Termination of parental rights under oo 19b(3)(d) and (j); Whether
respondent-failure to fulfill the terms of a transition plan to  regain
custody due to the lack of necessary help and referrals
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re Roe
		e-Journal  Number: 10319
		Judge(s):  Per Curiam ) Doctoroff, Saad, and Wilder

		There was clear  and convincing evidence that respondent-mother failed to
comply  with the placement and transition plan to regain custody of the
minor child after the child was placed in a limited guardianship.  Although
respondent did eventually complete parenting classes and  undergo a
psychiatric examination, she failed to secure adequate  housing for the
child, did not demonstrate any financial ability  to support the child, did
not participate in counseling, and did  not take her medications for a
diagnosed psychotic disorder. There  was no merit to respondent,s claim that
her failure to fulfill the  terms of the plan was the fault of the probate
court. Termination  of respondent,s parental rights under both statutory
grounds relied  upon by the family court was affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  Termination of parental rights under oo 19b(3)(c)(i), (g), and  (j)
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re Walker
		e-Journal  Number: 10342
		Judge(s):  Memorandum ) White, Cavanagh, and Talbot

		The family  court did not clearly error in terminating respondent-mother,s
parental  rights because the statutory bases for termination were
established  by clear and convincing evidence. Respondent failed to
substantially  comply with the treatment plan and work toward reunification
with  her children. Respondent failed to obtain and maintain suitable
housing for herself and the children, and showed an inability to  control and
supervise the children, resulting in harm to them. She  did not interact with
the children during visitation, she failed  to obtain and maintain legal
income, and did not seek psychological  counseling as required by the
treatment plan. Affirmed.

		Full  Text Opinion

		Media  Law

		Back  to Quicklinks

		This summary  also appears under Constitutional Law

		Issues:  The First Amendment right of the press to gather information;
Whether the court clerk could grant access to identity of trial  jurors
		Court:  U.S. District Court Eastern District of Michigan
		Case  Name: In re Bay City Times
		e-Journal  Number: 10328
		Judge(s):  Lawson

		Since the subject  of the request (release of the names and communities of
residence  of the trial jurors in the underlying criminal case) constituted
matters which were already in the public record, and releasing the
information would not unduly infringe on the jurors' privacy interests,  the
court granted the petitioner-newspaper's request. The underlying  criminal
case involved the former superintendent of the city wastewater  treatment
plant. The jury returned a verdict on the charges of violation  of the Clean
Water Act. During voir dire each prospective  juror announced his or her name
and community of residence. The  trial attracted the attention of the local
media. After the verdict  was returned, a reporter requested the names of the
trial jurors  from the court clerk. Thereafter, petitioner requested an
order  for the disclosure of the jurors' names and communities of residence,
but not their telephone numbers or home addresses. The request was  measured
and confined to matters within the public record, and its  disclosure would
not compromise juror privacy.

		Full  Text Opinion

		Real  Property

		Back  to Quicklinks

		This summary  also appears under Civil Rights

		Issues:  Alleged violations of the Fair Housing Act and analogous state
anti-discrimination housing provisions; Whether the landlord met  its burden
in attempting to provide reasonable accommodations for  the tenant with a
known mental disability; Whether the district  court improperly drew
inferences against the nonmoving party
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: Groner v. Golden Gate Gardens Apartments
		e-Journal  Number: 10343
		Judge(s):  Gilman, Siler, and Duggan

		Deciding an  issue of first impression in the circuit, the court held that a
plaintiff in a Fair Housing Act case has the burden of proof to  establish
the reasonableness of a proposed accommodation. Since  landlord-Golden Gate
had a legitimate interest in ensuring the quiet  enjoyment of all its
tenants, and there was no showing of  a reasonable accommodation that would
have enabled the plaintiff,  who suffered from schizophrenia and depression,
to remain in his  apartment without significantly disturbing another tenant,
plaintiff  failed to raise a genuine issue of material fact as to a
violation  of his rights under either the Fair Housing Act or the equivalent
state laws. Plaintiff allegedly screamed and slammed doors within  his
apartment, causing the tenant in the apartment above his to  make repeated
complaints to Golden Gate's manager. The parties attempted  unsuccessfully to
resolve the issue over a period of time, during  which Golden Gate
soundproofed plaintiff's front door and attempted  to work with his social
worker to resolve plaintiff's behavior.  Affirmed.

		Full  Text Opinion

		Tax

		Back  to Quicklinks

		Issues:  Judgment of Tax Tribunal revising the true cash value, assessed,
and taxable values of petitioner,s property; Burden of proof; Lack  of
evidence
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Muscio v. Commerce Twp.
		e-Journal  Number: 10340
		Judge(s):  Memorandum ) McDonald, Smolenski, and Kelly

		The tribunal,s  decision revising the true cash value, assessed, and taxable
values  of petitioner,s property was not supported by competent, material,
and substantial evidence on the record since petitioner presented  no
evidence of the true cash value of the property under any of  the recognized
valuation methods. Petitioner contended only that  the assessed value should
be cut in half because his neighbors built  a garage that encroached on the
street, paved a portion of the street,  and used it as a driveway, and
petitioner was unable to obtain relief  in court. He presented no evidence to
support his contention that  his property value in fact decreased therefore,
he failed to satisfy  his burden of proof. The tribunal decision constituted
an error  of law. Reversed.

		Full  Text Opinion

		fields  of practice listings

		ADR/Arbitration/Mediation

		ASHER N.  TILCHIN, a  member of the American College of Civil Trial Mediators
and Michigan  Arbitration and Mediation Association provides mediation for
pre,  early, and matured lawsuits. He has been a successful mediator since
1991. Tilchin also provides arbitration services as a single or  multi-panel
arbitrator. Cases involving construction, real estate,  commercial
transactions, and legal malpractice invited. Asher N.  Tilchin, 31731
Northwestern Hwy., Suite 106, Farmington Hills, MI  48334, (248)855-0995 or
Fax (248) 855-0850, e-mail antilchin@aol.com

		Back to Quicklinks

		Administrative  Law

		JAMES R. VIVENTI, James R Viventi PLLC, 3670 Powderhorn  Drive, Okemos, MI
48864-5924, Phone: (517) 381-0670, FAX: (517)  381-0671.

		Back to Quicklinks

		Adoption

		MONICA FARRIS LINKNER, Sommers, Schwartz, Silver & Schwartz,  PC, 2000 Town
Center, Suite 900, Southfield, MI 48075-1100, Phone:  (248) 746-4011, FAX:
(248) 936-1976, e-mail: mlinkner@s4online.com.

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		Alternative  Dispute Resolution

		DONNA CRAIG, Donna Craig & Associates PLC, 999 Haynes Street,  Suite 245,
Birmingham, MI 48009, Phone: (248) 682-7750, FAX: (248)  682-2376, e-mail:
craigassoc@earthlink.net.  Visit www.adr-resource.com

		Back to Quicklinks

		Antitrust/Advertising/Trade  Regulation

		DAVID G.  CHARDAVOYNE specializes  in the regulation of business competition,
including: antitrust  law, unfair competition, and the regulation of
advertising, labeling,  and other trade practices. Former Chairperson of
State Bar antitrust  and trade regulation section, more than 15 years'
experience in  this field. Will consult regarding antitrust issues
(monopolies,  mergers, price fixing, exclusive dealing, tying arrangements,
price  discrimination, dealer termination, market allocation); premerger
notice filings under Hart-Scott-Rodino Act; discussions with State  and
Federal regulatory agencies (FTC, Justice Department, Attorney  General);
compliance with laws regulating advertising (substantiation  of claims,
product labels, consumer price displays); and all other  matters relating to
business competition. David G. Chardavoyne,  26755 La Muera Ave., Farmington
Hills, MI 48334-4613, (248) 477-6308,  e-mail chardavoyne@aol.com

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		Appeals

		LAURIE S. LONGO, 214 South Main, Suite 210, Ann Arbor, MI  48104-2122, Phone:
(734) 913-5619, e-mail: 42203@msn.com.  Visit http://michiganappeals.com.

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		Appellate  Law

		SAFFORD & BAKER, PLLC, 40900 Woodward Avenue, Suite 110, Bloomfield  Hills,
MI 48304, Phone: (248) 646-9100, FAX: (248) 646-9102. Visit
www.saffordbaker.com

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		Automobile  Warranty Law

		LIBLANG  & ASSOCIATES:  Specializing in "Lemon Law", UCC, Magnuson-Moss,
Odometer  Fraud and Consumer Protection Act. Available for trials,
consultations  or referrals. Cases accepted statewide. Over 17 years and
5,000  cases. Michigan's most experienced lemon law attorneys, Dani K.
Liblang and Scott J. Sinkwitts. Please call (248) 540-9270 or e-mail
NoLemons@aol.com

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		Business  & Taxation

		LAW OFFICES  OF RALPH W. PEZDA.  Oakland County practitioner with an LL.M.
degree in taxation from  New York University will assist your clients or firm
with taxation,  business, interdisciplinary, and white collar criminal
matters.  Referrals paid. 27700 Northwestern Hwy., Suite 411, Southfield,  MI
48034. (248) 352-5632. E-mail address: rwp@cdlcorp.com

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		Construction  Law

		JOHN V.  TOCCO, attorney,  construction engineer, and civil engineering
professor, with over  twenty years experience in the construction industry,
provides mediation  and arbitration services for all construction matters.
Also provides  litigation support and claims analysis. Cases accepted
statewide.  Call (313) 406-2040 for CV, or review Profile at
www.johntocco.com  E-mail john@johntocco.com

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		Copyrights

		CAROL R. SHEPHERD, Arborlaw Associates, PLLC, 320 S Main  St, PO Box 8403,
Ann Arbor, MI 48107-8403, Phone: (734) 668-4646,  FAX: (734) 822-4646,
e-mail: shepherd@arborlaw.com.

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		Criminal  Law

		F. RANDALL KARFONTA, Attorney @ Law, 113 North Main, PO  Box 565, Leland, MI
49654, Phone: (231) 256-2200. Visit http://www.leelanau.com  or
http://www.leelanau.com/professional/karfonta.

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		RAYMOND A. CASSAR, Law Offices of Raymond A. Cassar, 30665  Northwestern Hwy,
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		TALPOS & ARNOLD PC, 2855 Coolidge Road, Suite 109, Troy, MI  48084-3215,
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		UNIVERSITY  OF MICHIGAN-The  Office of the Vice President and General Counsel
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Attached is the above presentation which has been revised to reflect a change
recommended by legal.  In the turbine contract slide I deleted the bullet
that the contract is assignable.

Don, please have this substituted for the last presentation
(e2_management_presentation_100400_b) which was used in the voice-overs.
Thanks.


FYI

Vince
---------------------- Forwarded by Vince J Kaminski/HOU/ECT on 08/08/2000
09:37 AM ---------------------------

"Rick Bryant" <rlbryant@andrew.cmu.edu> on 08/03/2000 04:01:49 PM
To: "Vince Kaminsky" <vkamins@enron.com>
cc: "Pierre-Philippe Ste-Marie" <ps5@andrew.cmu.edu>, "Ken Keeley"
<kk4p@andrew.cmu.edu>
Subject: Enron Recruiting/MSCF Speaker Series

Vince,

Pierre has informed me that (if you can so co-ordinate with Alison Bailey)
you would like to move the recruiting event on campus for Comp Finance to
Nov 3 in order to co-ordinate with Pierre's invitation to speak in the MSCF
Speaker Series the same day.  I contacted our recruiting center about
availability on that date and have forwarded below his response.  Let me
know how else I can help and, again, thanks for your kind words about the
program and you obvious interest in meeting with us.

Rick

Richard L. Bryant
Director, Computational Finance Program
Carnegie Mellon University
Graduate School of Industrial Administration
Pittsburgh, PA 15213
Phone/Fax (412) 268-4592/(412) 268-6837
http://fastweb.gsia.cmu.edu/MSCF

----- Original Message -----
From: "Ken Keeley" <kk4p@andrew.cmu.edu>
To: "Rick Bryant" <rlbryant@andrew.cmu.edu>
Cc: "Sally E Gould" <sgould@andrew.cmu.edu>
Sent: Thursday, August 03, 2000 1:32 PM
Subject: Re: Fw: MSCF Speaker Series

Enron currently has 8 interview rooms scheduled on December 11, 2000... As
we have 10 interview rooms available to us and as on 11/3 we currently have
nine rooms booked, if Enron wants to move all 8 schedules to 11/3, we
probably will not be able to host them on-campus unless [the firm currently
holding the rooms] moves off (and there is a possibility of that - this is
like a game of dominos).  However, Enron could interview off campus, but
that is not as convenient for the students and it increases the cost for the
employer.  If Enron wants to move only one or two schedules to 11/3 for just
Comp Finance, we would find a way to accomodate them.  Our Recruiting
Coordinator, Sally Gould, will do everything she can to make this work for
Enron.  Please suggest that Enron re-contact her as soon as they know what
their preferences are.  Alison knows how to reach her.

> Ken Keeley, Ph.D.
> Director, Career Opportunities Center
> Graduate School of Industrial Administration
> Carnegie Mellon University
> Tel: 412-268-3092
> Fax: 412-268-4146
>


I put together some draft talking points for Hydro Presentation to be used in
soliciting support for action on valuation of PG&E's Hydro Assets.  Jeff,
Roger and I will be meeting in the small conference room after the staff
meeting at 10:00 a.m. tomorrow.  All are welcome.  Feel free to comment on
attached.  We will circulate further drafts for review by group.


----- Forwarded by Elizabeth Sager/HOU/ECT on 12/28/2000 10:57 AM -----

	"Patricia Keogh" <Patricia.Keogh@cwt.com>
	12/28/2000 10:48 AM

		 To: elizabeth.sager@enron.com, vsharp@enron.com
		 cc: "David Mitchell" <David.Mitchell@cwt.com>, "Rick Antonoff"
<Rick.Antonoff@cwt.com>
		 Subject: Revised Memo

From Rick Antonoff:

Following our telephone conversations on Sunday and Tuesday, please find
attached our revised preliminary draft memorandum addressing the bankruptcy
issues that we have been discussing, and incorporating the additional facts
raised during our telephone conferences this week.  Based on our
discussions and the revisions made to the draft Settlement Agreement this
week, our draft memorandum is now based upon the Avista transaction.

Attached are clean and redline versions of the revised draft.  The redline
is marked to show changes from the draft we circulated on December 22,
2000.

We look forward to receiving your thoughts and comments after you have an
opportunity to review the memorandum.

Regards.

(See attached file: #128814 vred - enron--memo.rtf)

(See attached file: #531492 v1 -  Revised Enron Memo.doc)
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& Taft for any loss or damage arising in any way from its use.

==============================================================================

 - #128814 vred - enron--memo.rtf
 - #531492 v1 -  Revised Enron Memo.doc


Hello all,

	This is a FYI.  Joe Hartsoe thought you might be interested in these documents.  This is the direct testimony that was filed with FERC on 7/13/01 in El Paso v. CPUC (RP00-241).

Thanks,

Mike V.


sounds good.  K.

-----Original Message-----
From: John Watson [mailto:john.watson@pdq.net]
Sent: Thursday, September 20, 2001 9:01 AM
To: Watson, Kimberly
Subject: RE: Dinner Invite

All three weekends were available, but Jim & Hattie (our hosts) can't do it
the 10th.  Let me go back to Jane with the 10th, since we know that won't be
GG.  OK?  JW

-----Original Message-----
From: Watson, Kimberly [mailto:Kimberly.Watson@enron.com]
Sent: Thursday, September 20, 2001 8:23 AM
To: jwatson@nwdiagnostic.com
Subject: RE: Dinner Invite

What were the offer dates for the Gormet Group?  Didn't we offer all
three weekends?  I'm open all three weekends in November, however, we
might want to steer clear of the 17 just incase we decide to travel
during the week of Thanksgiving.

Thanks, Kim.

-----Original Message-----
From: John Watson [mailto:john.watson@pdq.net]
Sent: Thursday, September 20, 2001 8:05 AM
To: Watson, Kimberly
Subject: FW: Dinner Invite

Kim - Any reason I can't tell Jane 11/3?  That's one of the Gourmet
Group
dates, but we can steer that to the 17th, I think.  Or should I offer
Jane
the 10th?  Did you have a conflict then?  JW

-----Original Message-----
From: John Watson [mailto:john.watson@pdq.net]
Sent: Monday, August 27, 2001 9:55 AM
To: Hill, Jane
Subject: RE: Dinner Invite

Pencil in the 3d and the 17th.  We'll narrow it down to one or the other
shortly.

Looking forward to it!

John

-----Original Message-----
From: Hill, Jane [mailto:JHill@tmh.tmc.edu]
Sent: Friday, August 24, 2001 12:16 PM
To: John Watson (E-mail)
Subject: Dinner Invite

John,
Thank you for the invitation.  We'd love to come.  We don't have any
plans
for Saturday, November 3rd, 10th or 17th.  Let us know.  Have a good
weekend
and say hello to Kim.

Thanks again,
Jane

**********************************************************************
This e-mail is the property of Enron Corp. and/or its relevant affiliate and
may contain confidential and privileged material for the sole use of the
intended recipient (s). Any review, use, distribution or disclosure by
others is strictly prohibited. If you are not the intended recipient (or
authorized to receive for the recipient), please contact the sender or reply
to Enron Corp. at enron.messaging.administration@enron.com and delete all
copies of the message. This e-mail (and any attachments hereto) are not
intended to be an offer (or an acceptance) and do not create or evidence a
binding and enforceable contract between Enron Corp. (or any of its
affiliates) and the intended recipient or any other party, and may not be
relied on by anyone as the basis of a contract by estoppel or otherwise.
Thank you.
**********************************************************************


Eric, Jon, Andy, Matt, Frank & Dutch,
You have been selected by Lavorato to review and validate gas curves for your region from 12/01/01 forward.  You will soon receive an announcement about a meeting which will take place Monday, February 4th at 10:00 AM.  At the meeting you will get instructions from representatives of Price Waterhouse Coopers about the validation process and the timing.  If you cannot make it, please get with Lavorato to decide who should attend in your absence.  If you have any questions, please ask.
Regards,
Ed


Today Enron Broadband Services announced a 20-year exclusive agreement with
Blockbuster to deliver a revolutionary new "entertainment on demand" service
to consumers.   Consumers will be able to order movies from the convenience
of their homes, and watch them on their televisions whenever they want.  To
learn more about this exciting announcement and view a webcast featuring
interviews with Ken Lay and Blockbuster CEO John Antioco, visit
http://www.ebentertainmentondemand.com/.


---------------------- Forwarded by Eric Bass/HOU/ECT on 02/23/2001 09:10 AM
---------------------------

BRIAN HOSKINS@ENRON COMMUNICATIONS
02/22/2001 04:36 PM
To: Alicia Perkins/HOU/EES@EES, Denise
Naiser/ENRON_DEVELOPMENT@Enron_Development, Hector Campos/HOU/ECT@ECT, Lenine
Jeganathan/HOU/ECT@ECT, roberto.martinez@enron.com, Eric Bass/HOU/ECT@ECT
cc:
Subject: Re: FW: cat attack

 http://www.adcritic.com/content/peta-bad-cats.html


with?

 -----Original Message-----
From: 	Ward, Kim S (Houston)
Sent:	Friday, July 27, 2001 4:08 PM
To:	Arnold, John
Subject:	RE:

leaving right now for beers @ lil woodrows

 -----Original Message-----
From: 	Arnold, John
Sent:	Friday, July 27, 2001 4:07 PM
To:	Ward, Kim S (Houston)
Subject:

big plans tonight?


Thanks, Pat.  I am sending you a copy of the opinion, which I got from the
Daily Labor Report.  Michelle

	FMackin@aol.com
	06/12/2000 05:27 PM

		 To: sbutche@enron.com, Michelle.Cash@enron.com, Kriste_Sullivan@enron.com
		 cc:
		 Subject: Ruling Helps Workers Prove Job Bias

Ruling Helps Workers Prove Job Bias

By RICHARD CARELLI
.c The Associated Press

WASHINGTON (June 12) - Workers who say their employers illegally
discriminated against them can win lawsuits, or at least get their
accusations to a jury, without direct evidence of intentional bias, the
Supreme Court ruled Monday.

The court's unanimous decision in an age-bias dispute from Mississippi could
carry profound practical importance as well for lawsuits nationwide that
charge employment discrimination based on race, sex and physical disabilities.

The ruling was a huge setback for employers because some federal appeals
courts routinely had dismissed lawsuits that lacked ''smoking gun'' evidence
of employers' discriminatory intent.

Monday's decision said circumstantial evidence often is enough to sue
employers successfully.

Employer organizations were disappointed.

''The bottom line is ... it may be tougher to get cases out of the hands of
the jury,'' said Peter Petsch, a lawyer for the Society for Human Resource
Management. ''In some jurisdictions, we're going to see more litigation ...
which lasts longer, even for employers who did nothing wrong,'' he said.

But Thomas Osborne, an AARP lawyer, praised the decision as a victory for the
some 12 million over-50 workers who belong to his organization because it
''says employers no longer can lie about their personnel decisions and get
away with it.''

''The playing field is no longer slanted toward employers,'' Osborne said.

In a series of employment-bias decisions, the nation's highest court has
imposed various requirements on employees who say they were treated
illegally. They must show they were subjected to adverse treatment and that
the employer's asserted reason for such treatment was phony.

But federal appeals courts have disagreed on a key point:
whether employees who discredit an employer's stated reason must also offer
proof of a discriminatory motive. Not always, the Supreme Court said Monday.

Justice Sandra Day O'Connor wrote that a federal appeals court wrongly relied
on ''the premise that a plaintiff must always introduce additional,
independent evidence of discrimination.''

''Proof that the defendant's explanation is unworthy of credence is simply
one form of circumstantial evidence that is probative of intentional
discrimination, and it may be quite persuasive,'' she said. ''In appropriate
circumstances, the trier of fact can reasonably infer form the falsity of the
explanation that the employer is dissembling to cover up a discriminatory
purpose.''

O'Connor said employees will not always be entitled to win a job-bias lawsuit
after showing that an employer's explanation for their treatment was false.
But she ruled that it was enough in the case of a Mississippi man who said
age discrimination cost him his supervisory job at a toilet-seat
manufacturing plant.

Roger Reeves sued Sanderson Plumbing Products of Columbus, Miss., after he
was fired in 1995 from his job as a hinge-department supervisor in the plant.
Reeves, then 57, had worked at the plant for 40 years.

His lawsuit invoked the federal Age Discrimination in Employment Act, and a
jury awarded him $70,000 in damages and $28,490 in lost pay.

But the 5th U.S. Circuit Court of Appeals threw out that award after ruling
that Reeves had not offered enough proof of illegal age bias.

Reeves had been required to prove he was over 40 and therefore protected by
the federal law, that he had been fired and replaced with someone younger.
Such evidence amounted to what courts call a ''prima facie'' showing of
discrimination.

Sanderson Plumbing then was required to offer a legitimate, nondiscriminatory
reason for the firing. Once it did, the burden shifted back to Reeves to show
that the stated reason was false.

He also pointed to derogatory comments made about his age by a supervisor.

Company officials said Reeves had been fired for falsifying time records but
he showed that he had not.

The jury apparently concluded that he succeeded in proving bias, but the
appeals court said Reeves had to also offer proof that the company's decision
was motivated by age bias.

Monday's decision said the appeals court was wrong about that, and reinstated
the jury's verdict.

AP-NY-06-12-00 1522EDT

Copyright 2000 The Associated Press. The information contained in the AP news
report may not be published, broadcast, rewritten or otherwise distributed
without the prior written authority of The Associated Press. All active
hyperlinks have been inserted by AOL.


Deskheads:

I would like to have a 2 hour team building session for the assistants,
receptionists, and clerks on Friday 5/25/01.  The only thing that will be
charged to your cost center is the cost of a lunch brought in for the
administrative staff.

I know that the assistants usually are out of here between 12:30 to 1:30
being that this is a Friday before a holiday.   I would like to have the
session start at 12:30 so that they can still be out of here by 2:30 that
day.  This would require the phones being on solo pilot starting at 12:30.

Please respond with your approval, questions and/or comments as soon as time
permits so I can set everything up this week.

Many thanks,
Ina Rangel


Not a problem.  I will e-mail the document to you in short order.

-MIR

-----Original Message-----
From: Kay.Mann@enron.com [mailto:Kay.Mann@enron.com]
Sent: Monday, May 14, 2001 10:45 AM
To: Reuter, Marisa
Cc: Keffer, John
Subject: RE: NW escrow agreement

Marissa,

I suppose that's because ENA didn't sign it, as I didn't notice it (opps).
It will probably be tomorrow since Ben will need to initial, as well as me.
Can you email me the sig page?

Thanks,

"Reuter, Marisa" <MReuter@KSLAW.com> on 05/14/2001 10:26:16 AM

To:   "'Kay.Mann@enron.com'" <Kay.Mann@enron.com>
cc:   "Keffer, John" <JKeffer@KSLAW.com>

Subject:  RE: NW escrow agreement

Kay:

This past Friday, I received six original signature pages to the Letter
Agreement, but did not receive original signature pages to the Guaranty.
Could you forward the signature pages to the Guaranty at your earliest
convenience?

Thanks,

Marisa

-----Original Message-----
From: Kay.Mann@enron.com [mailto:Kay.Mann@enron.com]
Sent: Monday, May 14, 2001 8:54 AM
To: jkeffer@kslaw.com; mreuter@kslaw.com
Subject: NW escrow agreement

Hi there,

I believe Chris should be back today, so I wanted to follow up on this.

I don't have any recollection of where we left the escrow agreement with
NW.  Please get with MKahn or Jerry DeBerry to see if we can get consensus
on the current form of escrow agreement.  Once we have that, Enron (Chris)
will make contact with Citibank.

Thanks,

Kay
Confidentiality Notice
This message is being sent by or on behalf of a lawyer.  It is intended
exclusively for the individual or entity to which it is addressed.  This
communication may contain information that is proprietary, privileged or
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all copies of the message.

Confidentiality Notice
This message is being sent by or on behalf of a lawyer.  It is intended
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message in error, please notify the sender immediately by e-mail and delete
all copies of the message.


I talked to John Fielder (SVP Edison) about setting up a meeting for Barry Tycholiz with Edison's CFO about hedging Edison's QF price risk. Fielder wanted to talk about the negative CTC issue. Here's what he said:

They plan to "settle" with the ESPs and pay them when they pay everyone else, which he re-iterated would be sometime in Q1'02.
Edison is holding firm to the notion that the negative CTC contributed to the utility's undercollection and that the ESP's share of the undercollection has to be netted against the payables attributable to the negative CTC and owed the ESP.
He said that they will propose to net it out in one of two ways:  1) lump sum netting (i.e., if they owe $50MM and the share of the undercollection is $30 MM, then they pay the ESP $20 MM; or 2) future reductions in PX Credit (i.e., they pay the ESP $50 MM, and then reduce the PX going forward until the $30 MM is paid down).  The numbers are illustrative only.
In addition, he said that they have the view that a decision is going to have to be made about 1) whether DA customers pay for stranded costs tied to the DWR L-T contracts, and 2) whether DA customers pay going forward for stranded costs tied to the QF contracts.  (Edison is clearly lobbying the PUC to get DA customers to pay for these costs.)
I recommended strongly that he de-link issues 1 and 2 above from the issue of paying us ASAP what they owe us for negative CTC.  He agreed.
He said that the PUC judge's recently issued pre-hearing conference order requires that Edison "meet and confer" with ESPs prior to the Nov. 7th hearing, and that Edison intends to set something up with ESPs prior to that hearing.
Fielder is also the point person on "getting ESPs paid" and intends to initiate settlement discussions with ESPs week after next.
It was very clear from the conversation that Edison is going to do everything possible (at the expense of creditors) to maximize headroom under the settlement it struck with the PUC a few weeks ago.  Edison's stalemate with the QFs is evidence of it.  We shouldn't assume anything different with the Negative CTC issue.

If you have any questions, let us know.

Best,
Jeff


how much do you want to bet?

 -----Original Message-----
From: 	Martin, Greg
Sent:	Thursday, August 23, 2001 5:38 PM
To:	Cuilla, Martin
Subject:	Texas Season Wager

Do you want to make a wager on the Horn's record this year?

I am proposing that we will not lose more than two games this year (regular and bowl).

Late,
GM


damn . . .
are you going to take that
---------------------- Forwarded by Eric Bass/HOU/ECT on 02/12/2001 10:41 AM
---------------------------
To: Brian Hoskins/Enron Communications@Enron Communications
cc: Eric Bass/HOU/ECT@ECT, Matthew Lenhart/HOU/ECT@ECT, Chad
Landry/HOU/ECT@ECT, Luis Mena/NA/Enron@Enron, Bryan Hull/HOU/ECT@ECT
Subject: Class in Bluegrass

Excerpt from an article on espn.com

Given Kentucky's decades-long legacy of cheating in both basketball and
football,
                  ousting Mumme was a mandatory move. The school's image is
too fragile to
                  countenance keeping a coach with major violations on his
watch.

Enough said.


the date: Friday, May 18th
the place: EB 3143C
the time: 9:00 AM - 10:00 AM CST

If you have any problems or questions, please feel free to call me at
713-853-1696.

Thank you,
Lorie Leigh

	Enron North America Corp.

	From:  Ben F Jacoby                           05/16/2001 09:22 AM

Sent by: Ben Jacoby
To: Herman Manis/Enron@EnronXGate
cc: Kay Mann/Corp/Enron@Enron, Chris Booth/NA/Enron@Enron, Lorie
Leigh/HOU/ECT@ECT
Subject: Friday Meeting re: Blue Dog

Herman:

Kay, Chris and I can meet with you on Friday at 9 AM.

Lorie - Please get us a conference room and advise everyone of the room
number.

Thanks,

Ben


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---------------------- Forwarded by Chris Germany/HOU/ECT on 03/02/2000 02:26
PM ---------------------------

dkinney@columbiaenergygroup.com on 03/02/2000 01:14:03 PM
To: Chris Germany/HOU/ECT@ECT
cc:
Subject: Final Final March First-of-Month Requirements

Chris--I discovered that the previous final March file that I sent you
contained a duplicate listing for NJN.  I have corrected it in this version.
Sorry for any inconvenience.

Thanks.

Doug Kinney
Ph:  703-561-6339
Fax:  703-561-7317

 - 03_00 SUPPLY NEED-ALL                     LDCS(MASTER).XLS.xls


Attached is a revised Credit Watch listing for the week of 11/05/01.   There are no updates from last week's list.
If there are any personnel in your group that were not included in this distribution, please insure that they receive a copy of this report.
To add additional people to this distribution, or if this report has been sent to you in error, please contact Veronica Espinoza at x6-6002.

For other questions, please contact Jason R. Williams at x5-3923,  Veronica Espinoza at x6-6002 or Darren Vanek at x3-1436.


The KSU game vs Nebraska will be telecast on  November 10 at 2:30 p.m.  Other Big 12 games telecast that day are TAM vs  Oklahoma at 11 a.m. and Colorado at Iowa State at 6:00 p.m.  Plan to be at  the SRO in Northwest Mall at 2:30.  The Cats need all the help we can give  them!

Next game telecast after the tenth will be the  Missouri game on November 24.

See you on the 10th!  You know Nebraska  will be at our sports bar!  Let's show up in full force!

Joyce Nesmith


Thanks.  I am glad everything is going well with the newlyweds.  Debbie and I
share some Astros tickets with some other people.  Don't know if you are an
Astros fan but we would love to have you and Ann join us at one of the games.

We miss you on Saturdays.  I am getting better.  94 last week with three
triple bogeys.  I can feel an 89 in the not too distant future.

Stay in touch.

Larry Davis <LDAVIS@stewart.com> on 04/26/2001 01:03:08 PM
To: "Stan Horton (E-mail)" <stanley.horton@enron.com>
cc:

Subject:

Just thought I'd drop you a quick email and say Hi.  I hope you and your
family are doing well.  Take care.


Be patient through the brief intro, it's worth it!  Too cute!


Re: Today's IEPA Call
?
The early discussion was about the Chronicle article?on  Sunday -- which said
that demand was not much greater than last year, which  California met -- and
the methodology used.? IEPA/McNally has send the MRW  info to KFBK
(Sacramento's leading news station), which picked up on the story,  and is
preparing a response for the Chron.? It may be in the form of a  short op-ed
or a letter to the editor.?
?
The line on the FERC refund order is that what it does is  eliminate some
uncertainty about the rules producers operate under.? There  was a strong
message that the producers have been playing by the rules --  somewhat
uncertain though they were -- and will continue playing by the  rules.? The
positive is that FERC has now offered a methodology that will  eliminate
short-term uncertainty.
?
IEPA has issued a floor alert to oppose AB 39x.? The  alert has been issued
in conjunction with the California Chamber of Commerce,  Western States
Petroleum Assn. and others.
?
There is a target date of the end of next week for completion  and possibly
printing of the packet they are developing.? There may be a  new round of
editorial board meetings and it sounds as if there will be an  effort to meet
with the Senate Republican Caucus to follow on a similar meeting  recently
held with Assembly Republicans.?
?
Greg and Stephanie (whose name and affiliation I did not get  but I'm sure
you can tell me) have been named co-chairs of the group.?  They'll coordinate
the calls and items such as staff.? Budget issues will  go to the whole group.
?
Those were the main points.? If there was a summary  prepared by IEPA or
McNally and it comes to me by e-mail, I'll pass it  along.


OW,

It looks like you changed the pricing in deal 413462 mentioned below.  Did Gary or Lee ask you to do this?

D

 -----Original Message-----
From: 	Ray, Tess
Sent:	Monday, May 07, 2001 2:58 PM
To:	Farmer, Daren J.
Cc:	Meyers, Julie
Subject:	Chevron Phillips Chemical Co., LP  (HPLC 04/01 Sales/Buyback)
Importance:	High

Darren-
Please advise on the 04/01 price for sales deal #SA 413462 on this buyback (Swing deal). The contract shows the price for 04/01 should be the same price as shown for 03/01 & 05/01 (i.e. 04/01 price for deal # SA 413462 should be: 10,000 @ HSC_FLW+1HIGH GDP D.A. & 11,000 @ HSC_FLW+2HIGH GDP DA).

Thanks!
Tess Ray
tess.ray@enron.com
Contract Accountant, Gas Settlements (Sales)
Houston Pipe Line Co.
1201 Louisiana, LA 1524B
Houston, Tx. 77002
Tel: 713-571-3274     Fax: 713-646-8875


I saw in the press that N.M. has delayed electric open access until Jan 1, 02
for residentials and small commercials and to July 1, 02 for large
industrials.  That increases the likelihood that the Pueblo project will have
to dump power in the wholesale market at 4 Corners for a while before retail
markets start to open up.  One more thing to factor in.

I'm expecting to hook up with Bill Votaw of Enron Federal Solutions today to
talk about Langley's "sole source" procurement strategy with DOE.  I hope to
get Votaw on the phone with Langley's D.C. govt. contracts lawyers to discuss
their theory.  We should be in a better position to raise a flag if the sole
source strategy is really a high risk approach.  I'm not sure where that
would leave us because the only other approach I can think of is to steer DOE
into opening the power plant up for bids.  Langley does not appear interested
in trying to win an open bid for the power plant, although frankly we would
probably have about as good a chance as anyone of winning.

Once we clear up the government contracts issues (if ever) it seems to me
that it would be time to expand the team to include Federal Solutions
(potentially, if they see an angle to help them with their Kirtland
outsourcing strategy) and ENA.  The ENA involvement would be particularly
important so we could get a line of specific turbine availability and the
specifications/economics that would result.  I'm probably engaging in wishful
thinking again, but my hope is that the economics on a specific turbine/heat
exchanger configuration work out a little better than the generic economics
from the model that James ran.   If we think this thing is a potentially
viable deal after I talk to Votaw and the Langley DC team, we need to grab
Bill Cordes and discuss whether we go to ENA "from the bottom up," or through
Stan "from the top down" to get hooked into a deal team over there.  Kevin, I
still intend to hook you into the Votaw-DC call if you are available.
Thanks. DF


----- Forwarded by Jeff Dasovich/NA/Enron on 01/22/2001 06:32 PM -----

	Jeff Dasovich
	Sent by: Jeff Dasovich
	01/22/2001 04:50 PM

		 To: Jeff Dasovich/NA/Enron@Enron, tyson@haas.berkeley.edu,
pverleger@compuserve.com
		 cc:
		 Subject: Proposal for California

Dean Tyson:
Attached is the proposal.  Your comments are welcome and appreciated.  I'd be
happy to input any that you might have prior to forwading to Secretary
Summers.  Phil and I will have a list of potential contacts from the business
community to review in the next couple of hours.  If you need anything, don't
hesitate to contact me.  Perhaps you and Phil and I could touch base later
today or this evening to talk about next steps.  Thanks again for your
efforts.

Best,
Jeff

415.782.7822
pager: 888.916.7184


Can you handle or should Carol?
---------------------- Forwarded by Sara Shackleton/HOU/ECT on 03/16/2001
09:32 AM ---------------------------
From: Veronica Gonzalez/ENRON@enronXgate on 03/15/2001 04:37 PM
To: Sara Shackleton/HOU/ECT@ECT, Tana Jones/HOU/ECT@ECT
cc:
Subject: Perfercting Monies for Canadian Counterparties

The legal counsel at Sempra would like to contact someone in our office
regarding "perfecting monies" for Canadian counterparties when posting
collateral.  Who should I have him call?

Please advise.

Veronica Gonzalez
Credit Analyst
ext 3-0511


This request has been pending your approval for  2 days.  Please click http://itcapps.corp.enron.com/srrs/auth/emailLink.asp?ID=000000000076513&Page=Approval to review and act upon this request.

Request ID          : 000000000076513
Request Create Date : 11/19/01 8:37:30 AM
Requested For       : scott.tackett@enron.com
Resource Name       : Sitara Houston Production Central Edit Risk Analytics
Resource Type       : Applications


BCS is F-ing everything up...

-----Original Message-----
From: Stewart Ramser [mailto:sr@texasmusiconline.com]
Sent: Friday, November 16, 2001 4:53 PM
To: Laura Childress
Subject: US #1 BCS Ranking is in Jeopardy

America could lose top spot in BCS computer rankings
First came the rout of Iraq's "fierce fighting machine" the Republican
Guard; then came the lopsided victory over the supposedly scrappy,
battle-hardened Taliban, but instead of these stunning wins keeping
America firmly in the number 1 slot, computer experts now believe it
could drop them in the BCS rankings to #2 or even the unthinkable #3.
The problem is that no matter how much the U.S. has tried to hype their
opponents as worthy competitors, the BCS computer models aren't
reflecting it. In fact, in an unofficial BCS-style computer poll, the
Republican Guard ranks 236th just slightly ahead of Portugal's Royal
Protectors while the Taliban doesn't rank at all anymore. There's even
talk of placing the Taliban in another division, possibly with the
Medellin drug cartel and the Cribs.
"I don't think we should be penalized," said Secretary of Defense Donald
Rumsfeld. "The AP had the Republican Guard ranked #4 before we invaded
Iraq and the Taliban have been recognized for years as brutal, religious
zealots, capable of fighting to the last man. These were top-notch
foes." But others disagree, claiming the U.S. has erroneously promoted
the battle worthiness of their competition to make it seem that their
schedule is much more difficult.
"They have to fight somebody...it's that simple. They haven't fought
anybody good since Japan and Germany," said Greg Francize, assistant
director of the BCS Rankings. "They need to take on a Russia, an
England, even a France would do. But this Arab, Muslim fanatic stuff it
just ain't gonna cut it anymore."
Rumsfeld is not convinced. He ardently believes that the ranking
problems lie with the BCS computer models: "We have remained undefeated
since 1975, and even if our recent rivals are not quite up to top-ten
play we annihilated them - -exactly what #1's are supposed to do. That
has to count for something." Many believe the dispute illustrates the
need for an International Sudden Death Championship (ISDC) to determine
once and for all who's really #1. Sponsors are already lining up for the
possible event. FEDEX has offered the ISDC committee $1.5 billion for
the rights to name the war: The FEDEX World War III.
Advertising Age editors and others in the industry were shocked that
FEDEX would pay such an exorbitant amount. They point out that if the
Championship was fought between Russia and US it would last at most 25
minutes: "a very poor return on a sponsorship dollar."


Hi there,

On the options we should delete the reference to the Federal Arbitration Act,
so that the sentence with that reference ends with "binding arbitration".  I
changed it on the confidentiality agreement, but missed it here.  Carlos
caught it.

Kay
---------------------- Forwarded by Kay Mann/Corp/Enron on 02/15/2001 04:17
PM ---------------------------

Kay Mann
02/15/2001 02:51 PM
To: Kathleen Carnahan/NA/Enron@Enron
cc:

Subject: Re: Arbitration clause for option agreements - what do you think?

Choice of law doesn't impact place of arbitration.  We just need a starting
position...

	From:  Kathleen Carnahan                           02/15/2001 02:11 PM

To: Kay Mann/Corp/Enron@Enron
cc: Carlos Sole/NA/Enron@Enron

Subject: Re: Arbitration clause for option agreements - what do you think?

Well, it looks fair except the place of arbitration.  Since we determine the
choice of law the by the state where the property is situated, will New York
work for the place of arbitration?  (I'm not so sure all of the landowners
even know there is a  New York, New York).

Kay Mann
02/15/2001 01:52 PM
To: Kathleen Carnahan/NA/Enron@Enron, Carlos Sole/NA/Enron@Enron
cc:

Subject: Arbitration clause for option agreements - what do you think?

1. Remedies, Jurisdiction, Arbitration and Governing Law.  Money damages
would not be a sufficient remedy for any breach of this Agreement by
Optionor, and the Optionee shall be entitled to specific performance and
injunctive relief as remedies upon proof of any such breach.  Such remedies
shall not be deemed to be the exclusive remedies for a breach of this
Agreement by Optionor or any of its Representatives but shall be in addition
to all other remedies available at law or in equity to the Optionee.
Excepting the right of Optionee to seek such relief, all claims and matters
in question arising out of this Agreement or the relationship between the
parties created by this Agreement, whether sounding in contract, tort or
otherwise, shall be resolved by binding arbitration pursuant to the Federal
Arbitration Act. The arbitration shall be administered by the American
Arbitration Association ("AAA").  There shall be three arbitrators. Each
party shall designate an arbitrator, who need not be neutral, within 30 days
of receiving notification of the filing with the AAA of a demand for
arbitration.  The two arbitrators so designated shall elect a third
arbitrator.  If either party fails to designate an arbitrator within the time
specified or the two parties' arbitrators fail to designate a third
arbitrator within 30 days of their appointments, the third arbitrator shall
be appointed by the AAA. It is expressly agreed that the arbitrators shall
have no authority to award punitive or exemplary damages, the parties hereby
waiving their right, if any, to recover punitive or exemplary damages, either
in arbitration or in litigation. The place of the arbitration shall be New
York, New York.


The power option premium pricing was done on 30 MW's, apparently a standard
product amount. What is the effect on pricing, if any,  for the actual 730
MW's? Or do we just take 24 of the 30 MW products?
Have we priced the 60/40 split scenario where we can call on the plant 25% of
the year (effectectively it is a 25 capacity factor), at our option as to
when we call? We would assume that we'd exercise this in periods/months when
prices are highest.
For the scenario where the summer hourly power call on-peak is $85 and the
off-peak summer power call is $25, I came up with a daily, summer-only,
blended on and off-peak gas call of $7.64/MMBtu. Gas would be at
index/floating in the winter. The premium for this summer gas call was
$38,128/month. Bruce, does that seem within the right range?
AES said they need 2 1/2 times more value than the $850,000/month they'd have
recieved under our initial proposed power premum. Ben is running the model to
give us a check as to their debt service and FOM costs.

Ben, Bruce, what else do you have outstanding that needs to be run?

Thanks,

Michelle


i would sell my house and move on the boat.  i would probably buy a pet
alligator to keep on deck to protect my property.  golf this weekend if i
don't have sailing lessons.  they bagged me on the lessons last weekend.


TEXAS EXES NETWORKING/THIRSTY THURSDAY!
?
Join your fellow Longhorn friends for festive fun, this Thursday, December
14, 2000, 5:30 p.m. - SLAINTE IRISH PUB, 509 Main Steet (713-237-0000).?
Come for holiday Miller Lite drink specials and a great time.
?
HOLIDAY BOWL GAME WATCHING PARTY!!!!
?

Cant make it to San Diego for the  Holiday Bowl.? Come to the next best thing
-- the Houston Texas Exes  Official Game Watching Party.? Please join us on
Friday, December 29th, at  Ruggle's at Enron  Fieldas The University of
Texas  takes on the Oregon Ducks in the Holiday Bowl, game starting at
7:30pm. Come for  Miller Lite drink specials, appetizer specials, and $3
valet parking.? E-mail JasonBrm@yahoo.comif you have  questions.

?
*** UTBN ***
?
No breakfast in December.? Please join us again in January, on the  17th;
7:15?a.m., in the GREEN ROOM at River Oaks Country Club.? Guest  Speaker -
Jim C. Kollaer, Greater Houston Partnership; Topic: New president, new
economy, new millennium, how does it all impact Houston?
?
VOLUNTEER OPPORTUNITIES
?
Do you want to get more involved????Join a committee, we need  you.

TEXAS INDEPENDENCE DAY CELEBRATION (March 9, 2001) Meeting dates  as follows;
all held?Sentinel Trust,?2001 Kirby Suite 1210 at  6:00p.m.?

????????? Monday, January 8,  2000
??????????Monday,  January 22,  2000
??????????Monday,  February 5,  2000
??????????Monday,  February 19,  2000
??????????Monday,  February 26,  2000
??????????Monday,  March 5, 2000
For more information, email Jill Willard at willardj@tklaw.com

EEYORE,S FUN RUN/WALK (March 31, 2001) Joint event with the UT-Houston
Health Science Center.?? Meeting dates as follows; all held?at  Beck's Prime
(near Memorial Park) at 6:30p.m.?

????????? Monday, January 8,  2000
??????????Monday,  January 22, 2000
?For more information, email Lanette Varnadoe  at??LVarnadoe@texasmonthly.
emmis.com

VIDEO PRODUCTION
Video Production...? Easy way to help...? Do you know any contact  at
a video production company?? Make a Texas Ex personal  reference...? We want
to hire a company to produce a professional quality  vidieo presentation to
be featured at our Texas Independence Day  Celebration!? Submit your company
or other contact name and numbers may be  forwarded to Jill Willard at
willardj@tklaw.com
?
?
Come Home to Texas; ESA, Your Home Away From  Home!!
Are You? Member??? Do You Receive the Alcalde??
If not,  join the Ex-Students' Assn. today.
Return this E-Mail to Ask How??
Suzanne  Tamas; houtexexes@pdq.net


Attached for you review is the FERC Order for SDG&E vs. Sellers of Energy and
Ancillary Services.

  If you have any  questions, please contact your Account Executives.

  Thank you.
(See attached file: FERC Order SDGE Complaint Against Sellers of Energy Docket
No EL00-95 Notice.pdf)

 - FERC Order SDGE Complaint Against Sellers of Energy Docket No EL00-95
Notice.pdf