Message-ID: <15247503.1075845880281.JavaMail.evans@thyme> Date: Tue, 12 Sep 2000 03:19:00 -0700 (PDT) From: barton.clark@enron.com To: kay.mann@enron.com Subject: Murtha Cullina Conflict Waiver request Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Barton Clark X-To: Kay Mann X-cc: X-bcc: X-Folder: \Kay_Mann_June2001_2\Notes Folders\Fuel cells X-Origin: MANN-K X-FileName: kmann.nsf FYI ----- Forwarded by Barton Clark/HOU/ECT on 09/12/2000 10:19 AM ----- Barton Clark 09/01/2000 01:41 PM To: Sharon Butcher/Corp/Enron@ENRON cc: Daniel Allegretti/HOU/EES@EES Subject: Murtha Cullina Conflict Waiver request The request that I look at or find the proper person to review a conflicts waiver to be executed by Enron Corp. came to me from Daniel Allegretti as I am the lawyer working for ENA ( power assets group) in the fuel cell project referred to in the attachment. Sheila Tweed advised me you were the proper person to be looking at this matter for governmental affairs. I went ahead and yesterday did a markup of the requested conflicts waiver from Murtha Cullina to keep the ball moving and distributed that markkup internally via the attachment, but nothing more has happened since then. The revised waiver letter appended to the attachment is marked to show changes to the original Murtha request, so I won't forward that document to you unless you want it. Please give me a call at your convenience to discuss. ----- Forwarded by Barton Clark/HOU/ECT on 09/01/2000 01:34 PM ----- Barton Clark 08/31/2000 02:18 PM To: Daniel Allegretti/HOU/EES@EES cc: Sheila Tweed/HOU/ECT@ECT Subject: Murtha Cullina Conflict Waiver request Attached is a suggested markup of the requested conflicts letter. Candidly, I don't see how Murtha can continue to represent us in lobbying for the subject transactions and represent CRRA in lobbying and legal representation for the same transactions without conflicts or creating the appearance of impropriety, and the markup reflects that scepticism by trying to segregate out the representation cleanly. Also, to the extent the original draft indicated Murtha had represented both CRRA and Enron re the transactions until now, we need to make sure that we are OK with waiving that conflict as a substantive matter. I'm not familiar enough with the representation to know if Enron's interests could have been compromised during that period of dual representation, and I do not think we should agree to the waiver until we are comfortable on that score.The letter also now makes clear that Murtha will not be able to represent either party or their affiliates in litigation involving them. Since the letter requires the signature of Enron Corp., I'm trying to find out what clearance is required, as I customarily do not review or initial Corp. documents for signature.