Experts

 Tom Lambert
   Dan Lamb confirmed with Tom Lambert that he has been
retained.  We will send him a check and get written engagement letter.
FERC Developments
From: Ronald Carroll [mailto:rcarroll@bracepatt.com]
Sent: Friday, December 08, 2000 10:23 AM
To: gfergus@brobeck.com; jhartso@enron.com; mary.hain@enron.com;
rsanders@enron.com; smara@enron.com; mday@gmssr.com
Subject: SCE Motion for Supoena to MSC


On December, SCE filed a motion with FERC in which it request FERC to issue
a subpoena for the production of documentary evidence to the ISO's Market
Surveillance Committee.  The subpoena seeks information related to the
exercise of market power

While FERC's regulations allow 15 days to file an answer to motion, I
recommend that we file a response as soon as possible if this is something
that we either wish to oppose or have conditions established.

I an having a copy of the motion and subpoena faxed to you.  Ron

EOB Developments (Peter Meringolo)
On December 4, 2000, the Electricity Oversight Board ("EOB") issued a
subpoena to the ISO.  (The EOB previously issued a subpoena to the ISO on
July 20, 2000).  The 12/4/2000 subpoena seeks data related to, among other
things:  actual transmission flow; scheduled outages; out-of-sequence calls;
schedules, forecasts, and reserve information for Day Ahead and Hour Ahead;
Ancillary Service bids; and information related to BEEP calls.

 It is my understanding that Enron must inform the ISO on Monday,
December 11 whether or not it has any concerns with regard to
confidentiality.

 The Chief Counsel of the EOB has stated that it "will maintain the
confidentiality of individual market participant information that reflects
proprietary business practices and that has been identified as confidential
when submitted" to the EOB.  The EOB can disclose to the PUC and AG if they
agree to maintain confidentiality.

 This raises two questions:

 (1) Will the ISO be producing data that reflects Enron's
"proprietary business practices?"

 (2)  If so, who makes the confidentiality designation:  Enron or
ISO?  In other words, does Enron intend to rely on the ISO's confidentiality
designations, or should Enron seek an opportunity to review the data in
order to make its own decisions regarding confidentiality before the
production?

 To date, Enron has not objected to these requests from the various
agencies investigating the electricity market.  We believe the same strategy
should be followed here.  In other words, this does not appear to be a
battle worth fighting.

Calendar Dates

 Here is a summary of the immediate calendar dates:

12/4   Complaint Served
12/14  Last day for plaintiff to exercise preemptory challenge
12/14  Plaintiff may commence discovery by interrogatories, request for
production or    request for  admissions
12/26  First day for plaintiff to serve notice of deposition
1/3/01 Last Day to plead in response to complaint

Note: If Enron's first appearance is on 1/3/01, then the last date to file a
preemptory challenge for Enron will be within 10 days after first appearance
or 1/12/01.
1/29/01 Last day for plaintiff to serve complaint and file proof of servicre
4/30/01 Last day to hold case management conference.

Investigation Report Materials

They have been sent for Saturday delivery at the addresses indicated.

Thanks
Gary

 <<Calendared Dates.PDF>>






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 - Calendared Dates.PDF