Message-ID: <2306122.1075849612576.JavaMail.evans@thyme> Date: Wed, 11 Jul 2001 08:22:00 -0700 (PDT) From: jeff.dasovich@enron.com To: robert.williams@enron.com Subject: RE: A.98-07-026 et al. - Joint Petition of SCE, PG&E, and SDG&E Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Jeff Dasovich X-To: Robert C Williams X-cc: X-bcc: X-Folder: \Jeff_Dasovich_Oct2001\Notes Folders\Sent X-Origin: DASOVICH-J X-FileName: jdasovic.nsf FYI. ----- Forwarded by Jeff Dasovich/NA/Enron on 07/11/2001 03:22 PM ----- Susan J Mara 07/11/2001 02:53 PM To: Jeff Dasovich/NA/Enron@Enron, Harry Kingerski/NA/Enron@Enron cc: Subject: RE: A.98-07-026 et al. - Joint Petition of SCE, PG&E, and SDG&E Here in one answer on why an ESP agreed to support termination of the audit Sue Mara Enron Corp. Tel: (415) 782-7802 Fax:(415) 782-7854 ----- Forwarded by Susan J Mara/NA/Enron on 07/11/2001 12:52 PM ----- "Anderson, Robert E(Z01841)" 07/11/2001 12:48 PM To: "'Susan.J.Mara@enron.com'" cc: Subject: RE: A.98-07-026 et al. - Joint Petition of SCE, PG&E, and SDG&E We agreed to this petition to terminate the audit once the year 2000 was complete so that we could use that for our negative PX Credit claim proof. Following Jan 19th of 2001 this schedule is dead anyway. Needing the audit results of 1999 and 1998 was useless. We will be lucky to gain our money from 2000 there is absolutely no hope of getting anything from those years if there was an error. In addition our own analysis didn't show any areas we were worried about in those years after our 2 run in and subsequent UDC corrections in 98 and 99. The initial UDC position was to simply stop paying for the audits just as they did with the PX Credits with virtually no discussion with the CPUC. -----Original Message----- From: Susan.J.Mara@enron.com [mailto:Susan.J.Mara@enron.com] Sent: Wednesday, July 11, 2001 12:23 PM To: Anderson, Robert E(Z01841); athomas@newenergy.com Subject: Fw: A.98-07-026 et al. - Joint Petition of SCE, PG&E, and SDG&E Why did you two support eliminating the audit of the PX Credit? Sue Mara Enron Corp. Tel: (415) 782-7802 Fax:(415) 782-7854 ----- Forwarded by Susan J Mara/NA/Enron on 07/11/2001 11:20 AM ----- "Dan Douglass" , "Sue Mara" , "Steve Huhman" 07/10/2001 06:47 PM , "Roger Pelote" , "Rob Nichol" , "Randy Hickok" , "Nam Nguyen" , "Joe Paul" , "Jeff Dasovich" , "Janie Mollon" , "Jack Pigott" , "Greg Blue" , "George Vaughn" , "Gary Ackerman" , "Curtis Kebler" , "Curt Hatton" , "Corby Gardiner" , "Charles Miessner" , "Carolyn Baker" , "Bob Anderson" , "Bill Ross" , "Ed Cazalet" , "Denice Cazalet Purdum" , "Robert Berry" , "Tamara Johnson" , "Max Bulk" cc: "ARM" , "Kenneth Moy" , "Jerry Lahr" , "Dave Finigan" , "Merilyn Ferrara" Subject: Fw: A.98-07-026 et al. - Joint Petition of SCE, PG&E, and SDG&E Attached for your information is a joint petition for modification of the 1998 Revenue Adjustment Proceeding ("RAP") decision filed today by SCE, PG&E and SDG&E. The utilities request that, on an expedited basis, the Commission limit the scope of the PX Credit audit which WPTF obtained in a negotiated settlement in the 1998 RAP proceeding to remaining year 2000 calculations and thereafter order that the audit be terminated. They state that the audit is both irrelevant and costly and that "common sense demands" the Commission reconsider the decision. They ask that comments in opposition be filed by August 3, reply comments on August 10 and a Commission decision at its meeting scheduled for August 23. They also ask the Commission to waive the period provided in Rule 77.7 for comments and reply comments on a draft decision in order that the decision become final immediately. The filing states that there have been dramatic changes in energy markets, the number of DA customers has declined significantly and that ratepayers should not have to pay for the audit. Of course, they don't mention that the reason for the decline in DA customers is their own failure to pay the PX Credit. It is instead attributed to the "dysfunctional restructuring scheme and concommitant rise in wholesale energy prices." They justify their request legally by stating that their filing demonstrates that there are "significant new facts" and a "material change in conditions." The third criteria for reopening or modifying a Commission decision, a basic misconception of law or fact by the Commission, is not alleged to have occurred. They also state that DA penetration will continue to decline because "Assembly Bills X1-1 and X1-6 have effectively reregulated the market." Attached to the filing are declarations from the three ESP members of the Audit Committee, Bob Anderson of APSES, Aaron Thomas of AES NewEnergy and Marilynn Semro of Seattle City Light Department, in support of the utilities' petition. I have not reviewed the specific wording changes to the RAP decision to determine if there are any problems with the proposed modifications. Dan Law Offices of Daniel W. Douglass 5959 Topanga Canyon Blvd. Suite 244 Woodland Hills, CA 91367 Tel: (818) 596-2201 Fax: (818) 346-6502 douglass@energyattorney.com (See attached file: 7-10-01 RAP Joint Petition.PDF)