Message-ID: <4825818.1075840897343.JavaMail.evans@thyme> Date: Wed, 29 Aug 2001 18:14:44 -0700 (PDT) From: rahil.jafry@enron.com To: louise.kitchen@enron.com Subject: Judge rejects Enron request to halt legislative subpoena Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Jafry, Rahil X-To: Kitchen, Louise X-cc: X-bcc: X-Folder: \ExMerge - Kitchen, Louise\'Americas\Regulatory X-Origin: KITCHEN-L X-FileName: louise kitchen 2-7-02.pst How badly does this affect us? -----Original Message----- From: djcustomclips@djinteractive.com [mailto:djcustomclips@djinteractive.com] Sent: Wednesday, August 29, 2001 8:38 PM To: 168842@mailman.enron.com Subject: Rahil Jafry: Judge rejects Enron request to halt legislative subpoena Judge rejects Enron request to halt legislative subpoena By JENNIFER COLEMAN 08/29/2001 Associated Press Newswires Copyright 2001. The Associated Press. All Rights Reserved. SACRAMENTO (AP) - A Sacramento Superior Court judge rejected energy company Enron's request to quash a subpoena issued by a state Senate committee investigating possible price manipulation in California's energy market. Judge Charles Kobayashi denied two of Enron's three motions Wednesday in tentative rulings, saying the court had no right to interfere with a legislative subpoena. Enron sued the Senate Select Committee to Investigate Market Manipulation in July to stop the subpoena of its financial and electricity trading records. Among its objections were that only the Federal Energy Regulatory Commission has the authority to investigate wholesale markets. The committee has sought documents from six energy companies as they investigate last year's price spikes in the wholesale electricity market. In his tentative ruling on Enron's motion asking for a protective order, Kobayashi said he was "sympathetic to Enron's concern for safeguarding its trade secret information." But he added that the court couldn't assume the committee would divulge the confidential documents and Enron's constitutional rights weren't "jeopardized by delivery of their secrets to the document depository." On the other motion, to quash the subpoena, the judge found the committee did follow proper procedure when serving Enron officials. Attorneys for the committee and Enron will return to court Thursday on the tentative rulings. Kobayashi set a court date for Sept. 7 on the third motion, which is a request for an injunction of the committee's investigation and contempt proceedings. Enron officials didn't immediately return calls from The Associated Press seeking comment. Enron officials have said the company is prepared to turn over 25,000 documents that were already in California, but that other documents the committee wants are in Texas and out of the panel's reach. The committee found Enron in contempt for not turning over the documents. A full report on the contempt finding has been sent to the full Senate, which has not voted on it. A contempt report on Reliant Energy has also been sent to the Senate. A contempt finding against Mirant Corp. was later reversed when the company opened a document depository in Sacramento for the committee's investigators. If the full Senate imposes sanctions against Reliant or Enron, it will be the first time since 1929, when the Senate voted to jail reluctant witnesses during a committee investigation of price fixing and price gouging allegations involving cement sales to the state. Folder Name: Rahil Jafry Relevance Score on Scale of 100: 83 ______________________________________________________________________ To review or revise your folder, visit http://www.djinteractive.com or contact Dow Jones Customer Service by e-mail at custom.news@bis.dowjones.com or by phone at 800-369-7466. (Outside the U.S. and Canada, call 609-452-1511 or contact your local sales representative.) ______________________________________________________________________ Copyright (c) 2001 Dow Jones & Company, Inc. All Rights Reserved