Subject: Fwd: Conversation with Larry Drivon
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Date: Tue, 5 Jun 2001 07:46:00 -0700 (PDT)

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From: "Kleinman, Joel" <[email-masked]>
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Subject: Conversation with Larry Drivon
Date: Tue, 5 Jun 2001 17:45:29 -0400
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Larry and I spoke for ten minutes earlier this afternoon.  The subpoenas
have been authorized for the five generators plus Enron.  They will be
identical to the request of April 5.  They will issue in "a couple of days."
I declined to accept service for Duke, but requested a copy by fax (which he
will provide).  The subpoena provides 15 days for response.

Regarding protective order, Larry "hates to say there is no flexibility," bu
there is "not much."  Disclosure to the Attorney General is just one of a
number of issues.  It is very unlikely that we could negotiate from the
draft order we provided to the Committee.  He suggested that we revisit the
form of "agreement" he offered a month ago, but I told him that Duke
individually (and, I believed, others as well) had rejected that notion.  I
also deflected his suggestion that we revisit the notion of a "Sacramento
depository."

I then inquired whether they are stil interested in working our way through
the paragraphs of the subpoena.  I suggested that knowing what the Committee
wants might be useful in addressing protective order issues with a court.
Larry responded that he had anticipated doing that on May 3, but time did
not permit.  He thinks we should see whether we can put requests into three
piles: "yes," "no" and "lets fight."  I told him that some might be
legitimately pessimistic, given the fact that the Committee reneged on its
commitments regarding a protective order, but that I would pass the
information on.

I think we need a further conference call.  We should decide whether to
avail ourselves of the opportunity to discuss the subjects first before we
address confidentiality.  Please check the circulation list on this email,
and forward as you think appropriate.

Joel Kleinman

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