Message-ID: <8568104.1075842505579.JavaMail.evans@thyme> Date: Thu, 19 Oct 2000 07:27:00 -0700 (PDT) From: drew.fossum@enron.com To: lee.huber@enron.com Subject: Re: PROS piece in Gas Daily Cc: kimberly.watson@enron.com, martha.janousek@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: kimberly.watson@enron.com, martha.janousek@enron.com X-From: Drew Fossum X-To: Lee Huber X-cc: Kimberly Watson, Martha Janousek X-bcc: X-Folder: \Drew_Fossum_Dec2000_June2001_1\Notes Folders\Sent X-Origin: FOSSUM-D X-FileName: dfossum.nsf Thanks for following up on this all. I'm good on Stuart's recommendation. DF Lee Huber 10/19/2000 11:07 AM To: Drew Fossum/ET&S/Enron@ENRON cc: Kimberly Watson/ET&S/Enron@ENRON, Martha Janousek/ET&S/Enron@ENRON Subject: PROS piece in Gas Daily FYI ---------------------- Forwarded by Lee Huber/ET&S/Enron on 10/19/2000 11:05 AM --------------------------- "Ford, Stuart J." on 10/19/2000 08:26:28 AM To: "'Huber, Lee'" cc: "Stockbridge, Edward T" Subject: PROS piece in Gas Daily PRIVILEGED AND CONFIDENTIAL ATTORNEY/CLIENT COMMUNICATION Lee: Since we spoke last night I have talked to Ted. We all come out the same way, I think, that this episode is probably best left alone. First, unless Kim has information to the contrary, I think we would have a hard time establishing that the only way the alleged "failed" Enron system became known to PROS was via the PROS/ET&S relationship. If it could have become known independently via a source not protected by a nondisclosure agreement, then we have no real complaint. Second, if the statement in the Gas Daily is actually true, then we have no axe to grind about defamation or related issues. It is unfortunate that a casual reader might think that the statement actually refers to a failure in the PROS/ET&S RM work rather than to a failure in the prior Enron capacity management project. Perhaps we are more sensitive than most, however, knowing what we know. I would guess that there are probably a lot of readers out there who are unaware of the ET&S RM project and thus would not know to mistakenly attribute the statement to the ET&S RM project. Further, the mistake that a casual reader might make might also be attributable to sloppy journalism as much to what McCracken at PROS may have actually said. Finally, the longer we do not hear from PROS, the more their "case" weakens in the future complaining about the genealogy of our RM product. In summary, probably best left alone. But I do recommend that we continue to monitor for this stuff. It appears the PROS RM products are now available and we can only guess what Enron information is inside them to make them work, or was used to sell them or make them work. Stuart Ford VE