Message-ID: <25885636.1075852107906.JavaMail.evans@thyme> Date: Thu, 25 Oct 2001 04:45:42 -0700 (PDT) From: j..porter@enron.com To: bill.rapp@enron.com Subject: RE: Transwestern - Dispute with SoCal Gas Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: quoted-printable X-From: Porter, Gregory J. X-To: Rapp, Bill X-cc: X-bcc: X-Folder: \BRAPP (Non-Privileged)\Rapp, Bill\Inbox X-Origin: RAPP-B X-FileName: BRAPP (Non-Privileged).pst Bill good questions. Lets discuss. Do you know what the statute of limit= ations is and when the clock starts. Your insight would be appreciated. T= o date, TW has only filed at FERC based on the thought we thought the issue= s were FERC issues and thought the FERC process would provide the least exp= ensive and most expeditious forum. The belief was that a state court would= defer to the agency. TW's real hope is to get a settlement through mediati= on or, if we need to, some other form of FERC ADR. =20 -----Original Message----- From: =09Rapp, Bill =20 Sent:=09Wednesday, October 24, 2001 5:03 PM To:=09Porter, Gregory J. Subject:=09Transwestern - Dispute with SoCal Gas =09 =09Greg, =09=09Thanks for sending me copies of the pleadings in the enforcement acti= on that we've filed against SoCal Gas at FERC. Just a quick question. Shoul= d we initiate a state court action against SoCal Gas now so as to minimize = any claims that could potentially be cut off by the applicable statute of l= imitations? I notice that the controversy goes back to 1996. It may take a = while for FERC to resolve this. Have we concluded that even if FERC rules i= n our favor we would have to file a separate action in state court to enfor= ce our rights under the transporation agreement(s) with SoCalGas? Even if w= e file a state court action now, SoCal Gas would probably argue that the st= ate court action should not proceed until FERC reaches its decision. I don'= t know how strong an argument this is, but even if SoCal Gas keeps us from = moving forward with a state court proceeding, would merely filing suit in s= tate court stay the statute of limitations? I'm sure you've thought through= these issues already. I'm just trying to get up to speed. Thanks.