Subject: FW: Status Report of Enron Corp and EES document identification and production efforts in response to California investigative subpoenas
From: [email-masked]
To: [email-masked], [email-masked]
Cc: [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked]
Date: Fri, 13 Jul 2001 18:00:22 -0700 (PDT)

We are continuing to identify and review potentially responsive
documents within California called for by the subpoena issued by Dunn's
Committee to Enron Corp and by the California AG's subpoenas to Enron Energy
Services. Peter Meringolo and Amanda Smith are leading this effort at our
office. This is our report on the status of this document identification and
our plans, subject to your direction,  to continue this effort next week.
The last section of the memo poses certain logistical questions and issues
regarding the production to  Dunn's Committee that Mike Kirby should
address as soon as possible.
I. Status of EES' Response to Subpoena from AG
As we previously reported, we have completed a preliminary investigation of
documents in the EES's offices in California which are responsive to the
subpoena from the attorney general.  Below is a report of (1) documents
collected (2) documents we need to collect soon; and (3) action items which
we still need to do in order to identify responsive documents.
		A.	Documents Collected
We have copies of the following documents:
*	Contracts from the San Ramon office
*	Contracts and documents relating to the contracts from Costa Mesa
office
		B.	Documents to Collect
We previously identified the following relevant documents.  However, we have
not yet collected them into one central location:
*	Documents related to the returning customers to the Utilities.
These documents are on Mojgan Ahad's hard drive in files labeled "California
Rapid Response" and "California Strike Force" and email.
*	"Golden Bear" documents in San Ramon, Costa Mesa and Long Beach
*	Files related to status of EDI's (re: return of customers to PG&E).
Presently kept by Summer Intern, Kerri Bernstein.
*	Documents related to the returning customers to the Utilities.
These documents are on Mojgan Ahad's hard drive in files labeled "California
Rapid Response" and "California Strike Force" and email.
*	"Golden Bear" documents in San Ramon, Costa Mesa and Long Beach
*	Files related to status of EDI's (re: return of customers to PG&E).
Presently kept by Summer Intern, Kerri Bernstein.
*	Documents "related to" each contract in the possession of each
account manager in San Ramon
*	Current and Old Organization charts
		C.	Action Items
To complete our review of the relevant documents in California, we plan to
do the following:
*	Review emails and hard drives of Tom Riley, Dirk van Ulden, Mojgan
Ahad, and Jim Wright
*	Interview, and review documents in the possession of, "Originators"
in Long Beach

II. Status of Enron Corporation's Response to Subpoena from Senator Dunn
We are prepared to produce more than 30,000 pages of documents to the
Sacramento repository on Monday in response to the subpoena from Senator
Dunn.  This memorandum sets forth the remaining issues to be resolved before
Enron's production of documents in California is complete.
This memorandum is divided into three sections:  (1) substantive issues to
be resolved; (2) documents remaining to be reviewed, and (3) logistical
issues to be addressed by Mike Kirby.
		A.	Substantive Issues
We have prepared and sent to Mike Kirby and Richard Sanders and others a
packet of documents which we need to discuss as soon as possible.  We need
guidance about whether we ought to produce these types of documents.  These
documents include:
*	Bids made to DWR & ISO.  The subpoena calls for bids made to the ISO
and PX, and we assume that this means "bid data."  However, Enron did submit
bids to provide for Summer Reliability Generation and to provide energy to
the DWR.  Should we produce these documents?
*	Enron Business Plans.  These documents talk in general terms about
strategies for developing revenue in California - not necessarily forecasts
of revenue.  These documents fall on the fringe of what has been asked for
by the subpoena.  Siting/ Generation Development documents.  This is a broad
category of documents which are irrelevant to the Senate investigation.
However, if the subpoena is broadly (and perhaps fairly) read, many
documents within this category may be responsive.  Our suggestion is to
carve out these documents, and let the Senate Committee know that we are
doing so.  For example:
		.Dunn asks for information about generation units owned or
controlled by Enron.  We found documents in which Enron "controlled" the
development of the unit, but then sold it to a third party.  Likewise, Enron
is involved in a project to expand Las Vegas Co-Gen facility.
		.Many of these documents contain financial data, such as
supply and demand curves and pricing data in order to analyze whether to go
forward with the project.
		.We have numerous proposal and drafts, but not finalized
deals, in which negotiated to act as scheduling coordinators or to buy the
energy from the facility.  These drafts are not called for by the subpoena,
but documents related to final contracts are.
		.We have gathered documents related to negotiations with QFs
to serve as Scheduling Coordinators, which apparently coincide with
divestiture by the utilities.
*	Documents related to meetings of the Independent Energy Producers
("IEP") trade association.  These documents clearly are responsive.  Many,
however, contain sensitive and privilege information, including information
about lobbying efforts.  Thus, we need to provide notice to the IEP that we
are required to produce these documents and give them an opportunity to
review these documents before we produce them.  Additionally, we should
contact their counsel to see what, if anything, has already been produced (I
assume that they have been subpoenaed).
*	B.	Enron Corp Documents in San Francisco yet to be Reviewed
We have almost completed our review of potentially responsive materials
maintained in the San Francisco office.  We will complete this review next
week, and produce any additional documents to the repository.  The following
is a list of the remaining materials to be reviewed:
*	Electronic documents on Sue Mara's hard drive
*	Email messages maintained by Dave Parquet, Mike McDonald, and Sue
Mara
*	Interview Mike McDonald
*	Review addition materials relating to QF's recently located by
Enron.
*	C. Logistical Issues and Questions for Mike Kirby
*	Delivering boxes to Sacramento repository
We need someone to drive the boxes to Sacramento and obtain a key for the
repository space.  Bob Webb, a senior paralegal, has "volunteered" if we
need him to go.
*	Staffing the Sacramento repository
 We assume that we will need a proctor when the Senate Committee reviews the
documents.   Can we work out a schedule or protocol with them?  Moreover, we
will need to have someone drive to Sacramento each time we produce
documents.  We cannot simply federal express or messenger the documents
because there is no one to receive them.
*	Confidential Stamping
We have not marked anything "Confidential."  Should we do that now, or
should we wait until the Senate selects documents for copying?
*	Privilege Log
We will begin creating a privilege log next week.  When do we need to have
it completed?

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