Subject: Re: Enc.: Labor action filed by Luiz Alexandre Zago against EPCB and EPE
From: [email-masked]
To: [email-masked], [email-masked]
Cc: [email-masked], [email-masked], [email-masked], [email-masked]
Date: Tue, 15 May 2001 11:32:00 -0700 (PDT)

Ana Paula, thanks for keeping after me on this.

We have decided to rely on Ms. Cunha as the company representative to be 
present in court. This will avoid the need for an official, court appointed 
tramslator. She will be supported by Randy Pais, Nate Neuman or others as 
needed either from Houston or traveling to Brazil as needed. The SCC expat 
presence in Brazil will be greatly diminished in the next several weeks. 

Please copy Ms. Cunha  Mr. Randy Pais and Mr. Richard Sanders on all 
correspondence related to this matter. Randy Pais is the internal 
transactional lawyer at EEOS/SCC working the Cuiaba project; Richard Sanders 
is the internal litigation management lawyer at Enron Wholesale who supports 
our business unit.

I want to make sure I understand what is meant by the power of attorney and 
company representative letter. Are these the documents that appoint Ms. Cunha 
as the SCC company representative for the purposes of this matter? Sami,  if 
this is right I would have no objections for you signing these documents, but 
you don't have any position with SCC. Weren't these to be give n to Nate 
Neuman for him to have executed at the SCC office in Cuiaba?

Ana Paula, is it possible to e-mail or fax the documents to us here, and for 
us to signand fax back, or does the court need originals?

JWVS

	"APG - Ana Paula Gon?alves" <[email-masked]>
	05/15/2001 06:09 PM
		 
		 To: <[email-masked]>, <[email-masked]>
		 cc: "PCS - Paula Corina Santone" <[email-masked]>, "RQB - Renata 
Siciliano Quartim Barbosa" <[email-masked]>
		 Subject: Enc.: Labor action filed by Luiz Alexandre Zago against EPCB and EPE

Privileged and confidential

Dear John:

Reference is made to our mail dated as of May 11th, 2001, in order to inform 
you that, according to understandings held with Ms. Daniele Cunha, the power 
of attorney and the company representative letter related to the labor action 
filed by Luiz Alexandre Zago has already been forwarded to Mr. Sami Arap 
Sobrinho.

Taking into account the fact that Mr. Arap Sobrinho shall only sign the above 
mentioned documents with your express consent, we kindly request you to 
contact him regarding the issue, the sooner the possible. In fact, we will 
appreciate if you could contact him tomorrow, so that the documents may be 
filed at the labor court within the established deadline.

Since Ms. Daniele Cunha shall be functioning as the company representative at 
this case, I would like to know if she may be copied of all of the exchanged 
mail regarding the matter.

At last, we await your guidance as to whom shall the legal fees billing 
related to this case be addressed to.

Best regards,
APG
Date: Fri, 11 May 2001 16:48:32 -0300
From: "APG - Ana Paula Gonçalves" 
<[email-masked]>
To: <[email-masked]>, <[email-masked]>
Cc: "PCS - Paula Corina Santone" <[email-masked]>, "RQB - Renata 
Siciliano Quartim Barbosa" <[email-masked]>
Subject: Labor action filed by Luiz Alexandre Zago against EPCB and EPE
Mime-Version: 1.0
Content-Type: multipart/mixed; boundary="=_DF85E83D.2C4D33DD"

Privileged and confidential

Dear John:

The purpose of this mail is to provide you with the term of the hearing at 
court, copy attached hereto, which took place on May 07th, 2001, at the labor 
action filed by Luis Alexandre Zago, occasion in which the written defense 
has been presented by EPCB, copy also attached hereto.

According to such a hearing term, it has been designated a discovery hearing 
at court for May 30th, 2001, at 3 p.m., occasion in which a company 
representative of EPCB, with his employee booklet (CTPS), shall attend the 
hearing, as well as up to three witnesses  that may be able to testify 
favorably to EPCB.

In this sense, below please find the subject over which evidence shall be 
produced by EPCB at such a discovery hearing:

i) that EPE hired the Superior Construction Company in order to build the 
thermo electric plant;

ii) that the Superior Construction Company has entered into a re-hiring 
agreement with the Siemens Ltda. company in order to build the thermo 
electric plant, company which, in its turn, has hired the ENESA company for 
such a purpose;

iii) that the Superior Construction Company has used EPCB in order to 
diligence in the sense that the thermo electric plant building was been 
performed in accordance with the hired by and between the EPE and Superior 
Company Construction companies;

iv) that the claimant was an employee of the ENESA company; that ENESA 
company paid the employee's salaries; that EPE and EPCB have never contacted 
the claimant; that the ENESA company was the responsible for the selection of 
the professionals that it understood as necessary for the services 
compliance; that it was up to ENESA company to give commands to the claimant; 
that it was ENESA company that determined  the services to be performed by 
the claimant.

We would also like to inform that it has been determined by the court the 
deadline of 15 days for EPCB to present at the case files (i) its articles of 
associations; (ii) power of attorney and (iii) company representative letter. 
For such, we kindly request that such documents, duly certified, be forwarded 
directly to our local correspondent attorney in Cuiab? - Ms.  Luciana 
Cristina Pereira Cardoso, at the address, Av. Historiador Rubens de Mendon?a, 
1836, sala 905, bairro Bosque da Sa?de, Cuiab?, MT, up till May 18th, 2001, 
so that we may present them at the case files in the stipulated deadline.

Also, we would like to stress that in case EPCB decides to indicate a company 
representative that has not the Portuguese as his mother language to attend 
the hearing at court, it will be necessary to request court the indication of 
a public sworn translator. Therefore, we kindly request you to inform us, up 
till May 21st, 2001, if such will be needed so that we may take the necessary 
measures in this regard in time.

We do clarify, however, that we find it unnecessary the attendance of a 
foreign company representative in the extent that Ms. Daniele Cunha, who 
attended the first hearing at court, has shown enough and necessary knowledge 
in order to function as company representative at the present case.

At last, please advise as to whom shall the legal fees billing related to 
this case be addressed to.

Please contact us should you need any further clarification on the above.

Best regards,
Ana Paula Gon?alves.

P.S. Please advise should you need a free translation of both the term of the 
hearing, as well as of the written defense presented by EPCB in the case.

 - EPE.DOC
 - ZAGO.DOC