Message-ID: <13680315.1075858683766.JavaMail.evans@thyme> Date: Fri, 7 Sep 2001 07:58:07 -0700 (PDT) From: b..sanders@enron.com To: sbihop@gibbs-bruns.com Subject: FW: Returned mail: see transcript for details Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Sanders, Richard B. X-To: 'sbihop@gibbs-bruns.com' X-cc: X-bcc: X-Folder: \Sanders, Richard B (Non-Privileged)\Sanders, Richard B.\Sent Items X-Origin: Sanders-R X-FileName: Sanders, Richard B (Non-Privileged).pst -----Original Message----- From: Mail Delivery Subsystem @ENRON [mailto:IMCEANOTES-Mail+20Delivery+20Subsystem+20+3CMailer-Daemon+40postmaster+2Eenron+2Ecom+3E+40ENRON@ENRON.com] Sent: Friday, September 07, 2001 9:55 AM To: Sanders, Richard B. Subject: Returned mail: see transcript for details The original message was received at Fri, 7 Sep 2001 09:54:55 -0500 (CDT) from nahou-msmsw01p.corp.enron.com [192.168.110.108] ----- The following addresses had permanent fatal errors ----- (reason: 550 Host unknown) ----- Transcript of session follows ----- 550 5.1.2 ... Host unknown (Name server: gibbsbruns.com.: host not found) ----- Original message follows ----- Return-Path: Received: from corp.enron.com (nahou-msmsw01p.corp.enron.com [192.168.110.108]) by postmaster.enron.com (8.10.1/8.10.1/external_corp-1.08) with ESMTP id f87Est711868 for ; Fri, 7 Sep 2001 09:54:55 -0500 (CDT) Received: from nahou-mscnx04p.corp.enron.com (unverified) by corp.enron.com (Content Technologies SMTPRS 4.2.1) with SMTP id for ; Fri, 7 Sep 2001 09:54:50 -0500 Received: from NAHOU-MSMBX07V.corp.enron.com ([192.168.110.26]) by nahou-mscnx04p.corp.enron.com with Microsoft SMTPSVC(5.0.2195.2966); Fri, 7 Sep 2001 09:54:49 -0500 X-MimeOLE: Produced By Microsoft Exchange V6.0.4712.0 content-class: urn:content-classes:message MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Subject: FW: Protective Order Articles Date: Fri, 7 Sep 2001 09:54:41 -0500 Message-ID: X-MS-Has-Attach: X-MS-TNEF-Correlator: Thread-Topic: Protective Order Articles Thread-Index: AcE3q/nDAN5f+NkSSXib/dq+a8ORqAAAP1vQ From: "Sanders, Richard B." To: X-OriginalArrivalTime: 07 Sep 2001 14:54:49.0136 (UTC) FILETIME=[0AB18300:01C137AD] > -----Original Message----- > From: Denne, Karen =20 > Sent: Friday, September 07, 2001 9:47 AM > To: Sanders, Richard B.; Dasovich, Jeff; Mara, Susan > Subject: Protective Order Articles >=20 > California; Metro Desk > The State Enron Records to Stay Secret Court: A judge orders > confidentiality for the power firm's documents. A Senate panel probing > electricity price gouging has subpoenaed them. > NANCY VOGEL > TIMES STAFF WRITER >=20 > 09/07/2001 > Los Angeles Times > Home Edition > B-8 > Copyright 2001 / The Times Mirror Company >=20 > SACRAMENTO -- Enron Corp., the giant Texas-based seller of electric > power, won a court ruling Thursday in its quest to guarantee the > secrecy of hundreds of thousands of internal business documents sought > by state lawmakers.=20 > A Senate committee investigating price gouging in California's > wholesale electricity market subpoenaed Enron's documents in April, > seeking records of electricity sales, bidding strategies, prices and > out-of-state transactions. > The company refused to make the documents available without a court > order protecting the confidentiality of the records. Enron sued July > 11, and on Thursday Sacramento County Superior Court Judge Charles C. > Kobayashi granted the company's request for a protective order.=20 > The judge noted in his order that Enron is a business competitor of > the California Department of Water Resources, which began buying > electricity on behalf of the state's two largest utilities last > January.=20 > "Although the committee argues that the Senate is not in competition > with plaintiff," wrote Kobayashi, "the functions of the Senate and the > Department of Water Resources are intertwined in so many ways that > there is no doubt that not only may there be appearances of conflict, > actual conflicts can arise."=20 > Kobayashi's order is a reversal of an earlier, tentative ruling, in > which he concluded that imposing a protective order for Enron would be > an "unacceptable" intrusion by the courts into the internal operations > of the Legislature.=20 > Karen Denne, a spokeswoman for the Houston-based company, described > executives as "very pleased" with the court ruling. "Turning over the > documents was never the issue," she said, "The issue was always > protecting our rights."=20 > Enron officials will work with committee Chairman Sen. Joe Dunn > (D-Santa Ana) to craft an agreement that details which documents will > be reviewed by the eight lawmakers and their aides, Denne said.=20 > Reliant Energy of Houston, another company that resisted demands for > business records, on Wednesday signed a confidentiality agreement with > Dunn's committee and will begin bringing 250,000 documents to a > depository in Sacramento, said Reliant spokesman Marty Wilson.=20 > Dunn said other companies have begun to deliver documents to > Sacramento, but not all are fully complying with subpoenas.=20 > "There are some major holes that have to be plugged by the market > participants," he said.=20 > On July 21, the Senate Select Committee to Investigate Price > Manipulation of the Wholesale Energy Market voted to recommend that > Enron be cited for contempt for not turning over its documents.=20 > The full Senate has yet to vote on that recommendation.=20 > The committee, which the Senate created in March, has focused its > investigation on the private companies that purchased power plants > after California moved to deregulate its electricity market in 1996. >=20 > Copyright =A9 2000 Dow Jones & Company, Inc. All Rights Reserved. =09 >=20 >=20 > Sept. 7, 2001 > Briefs: City & State=20 > California judge says no to Enron subpoena > SACRAMENTO, Calif. -- Enron Corp. received a protective order Thursday > for documents subpoenaed by a California state Senate committee.=20 > Sacramento Superior Court Judge Charles Kobayashi ruled that > Houston-based Enron can prevent the legislative panel from sharing > information in the thousands of documents relating to energy trading > in California.=20 > "Once the confidential information is disclosed, no amount of > sanctions will be able to rectify the damage that might be caused," > Kobayashi wrote in his order.=20 > The Senate committee requested documents including e-mails, phone > logs, financial records and records of any Enron "trading strategies." > The panel is probing whether generators manipulated the power market.=20 >=20 > Enron Wins Document Protection Order From Calif Judge > By Jessica Berthold >=20 > 09/06/2001 > Dow Jones Energy Service > (Copyright (c) 2001, Dow Jones & Company, Inc.) >=20 > OF DOW JONES NEWSWIRES=20 > LOS ANGELES -(Dow Jones)- A Sacramento Superior Court judge Thursday > ruled that Enron Corp (ENE) must comply with a legislative subpoena of > financial documents, but reversed an earlier decision and granted the > company a protective order of the documents, according to a copy of > the ruling seen by Dow Jones Newswires. > Enron said the ruling was a victory, as the company has always > maintained it would be happy to comply with the subpoena by the state > Senate committee as long as the company received a protective order.=20 > "We are obviously very happy with the ruling and look forward to > working with the committee to come up with a protective order that > truly protects our proprietary information," said Enron spokesman Mark > Palmer.=20 > The Senate Select Committee To Investigate Market Manipulation has > already cited Enron and Reliant Energy, Inc (REI) with contempt for > refusing to provide documents, a charge for which the companies could > be fined.=20 > Once Enron and the committee draft a protective order and the judge > agrees to it, the company will hand over any documents that the > committee wants, Palmer said.=20 > However, an attorney for the committee expressed skepticism that the > company would actually follow through.=20 > "We have no indication from Enron that they would agree to produce the > documents we've requested, even with the confidentiality order," said > Larry Drivon, special counsel to the committee.=20 > He added that he could not speculate if the committee would drop its > contempt charge if Enron did produce all requested documents.=20 > In his decision granting the protective order, Judge Charles Kobayashi > wrote that he was not convinced the committee has solid standards in > place to ensure Enron's protection.=20 > "It is clear that there are no standards for determining what are the > available protections, no procedure for determining what is a > legitimately confidential, privileged, proprietary matter, no > procedure for oversight and no prescribed remedy for (Enron) for any > unauthorized disclosures," Kobayashi wrote.=20 > Last week, a San Francisco Superior Court judge granted Enron a > protective order in a separate investigation by the state attorney > general.=20 > -By Jessica Berthold; Dow Jones Newswires; 323-658-3872; > jessica.berthold@dowjones.com >=20 > Copyright =A9 2000 Dow Jones & Company, Inc. All Rights Reserved. =09 >=20 > USA: Enron must give documents to Calif. lawmakers-judge. >=20 > 09/06/2001 > Reuters English News Service > (C) Reuters Limited 2001. >=20 > SAN FRANCISCO, Sept 6 (Reuters) - Enron Corp. must turn over sensitive > financial documents to a state Senate committee probing charges of > price gouging during the state's energy crisis, a California judge > ruled on Thursday.=20 > But Sacramento Superior Court Judge Charles Kobayashi also ruled > lawmakers must provide Enron with a confidentiality agreement, saying > he was not convinced the committee would respect the firm's right to > maintain proprietary secrets. > "If the committee could take the requested action in the name of the > public interest, then the committee ostensibly could require > newspapers to surrender their confidentiality rights, attorneys to > surrender their attorney-client privilege, (and) psychiatrists to > surrender their privileges," the judge wrote.=20 > The Senate Select Committee to Investigate Market Manipulation has > subpoenaed documents from a number of energy firms to probe > accusations California power agencies and utilities were overcharged > some $8.9 billion for wholesale electricity during the state's energy > crisis which saw power prices in the state soar tenfold.=20 > Independent energy merchants have blamed the price spike on the > state's poorly designed electricity deregulation law and a failure to > build enough power plants to meet the growing needs of its 34 million > residents and its industries.=20 > An Enron spokeswoman said on Thursday the firm has already turned over > tens of thousands of documents, but wanted assurances that certain > sensitive documents containing proprietary trade secrets, for example, > would be protected under a confidentiality agreement.=20 > The firm will now work with the committee to hammer out the specifics > of such an agreement, said Enron spokeswoman Karen Denne.=20 > "We are pleased with the judge's order in that he agreed that our > constitutional right would be protected," Denne said. "The issue has > always been protecting the confidential documents."=20 > The committee has already asked the full Senate to cite Enron as well > as Reliant Energy Inc. for contempt for failing to comply with a > subpoena seeking confidential documents. It would be the first such > citation imposed by the state Senate since 1929, but has not yet come > up for a vote.=20 > Atlanta-based Mirant Corp. however, avoided the contempt threat by > agreeing with legislators' demands to sign confidentiality agreements, > open a document depository close to Sacramento, and begin placing > documents there relating to the company's recent business in > California.=20 > Sacramento judge says committee must protect Enron documents > By JENNIFER COLEMAN > Associated Press Writer >=20 > 09/06/2001 > Associated Press Newswires > Copyright 2001. The Associated Press. All Rights Reserved. >=20 > SACRAMENTO (AP) - Enron Corp. must turn over sensitive financial > documents to a state Senate committee investigating possible price > manipulation of wholesale energy prices, a judge ruled Thursday, but > the state must give the energy company a confidentiality agreement.=20 > Sacramento Superior Court Judge Charles Kobayashi said in his ruling > that he wasn't convinced that the Senate committee "will be able to > maintain the petitioner's right to confidentiality." > The Select Committee to Investigate Price Manipulation in the > Wholesale Energy Market subpoenaed documents from six energy companies > as they investigated last year's price spikes in the wholesale > electricity market.=20 > If the committee went forward without a confidentiality agreement, > Kobayashi said, it could then require the same of newspapers, > attorneys or psychiatrists.=20 > Enron's motion to quash the subpoenas were dismissed last week and the > judge reaffirmed that ruling Thursday. Another Enron motion seeking an > injunction against the committee will be heard Wednesday.=20 > Company spokeswoman Karen Denne called the protective order ruling a > victory. "This gives us the confidentiality agreement we've been > seeking."=20 > The order's specifics will be worked out with Sen. Joe Dunn, D-Santa > Ana, the committee chairman. It will then be signed by a judge, once > both sides agree.=20 > Enron officials have offered to turn over 25,000 documents that were > already in California, but refused to comply with the rest of the > subpoena.=20 > The committee found Enron in contempt for not turning over all the > requested documents. A full report on the contempt finding has been > sent to the full Senate, which has not voted on it. A contempt report > on Reliant Energy has also been sent to the Senate.=20 > A contempt finding against Mirant Corp. was later reversed when the > company opened a document depository in Sacramento for the committee's > investigators.=20 > If the full Senate imposes sanctions against Reliant or Enron, it will > be the first time since 1929, when the Senate voted to jail reluctant > witnesses during a committee investigation of price fixing and price > gouging involving cement sales to the state. > Enron Wins Document Protection Order From Calif Judge > By Jessica Berthold >=20 > 09/06/2001 > Dow Jones Energy Service > (Copyright (c) 2001, Dow Jones & Company, Inc.) >=20 > OF DOW JONES NEWSWIRES=20 > LOS ANGELES -(Dow Jones)- A Sacramento Superior Court judge Thursday > ruled that Enron Corp (ENE) must comply with a legislative subpoena of > financial documents, but reversed an earlier decision and granted the > company a protective order of the documents, according to a copy of > the ruling seen by Dow Jones Newswires. > Enron said the ruling was a victory, as the company has always > maintained it would be happy to comply with the subpoena by the state > Senate committee as long as the company received a protective order.=20 > "We are obviously very happy with the ruling and look forward to > working with the committee to come up with a protective order that > truly protects our proprietary information," said Enron spokesman Mark > Palmer.=20 > The Senate Select Committee To Investigate Market Manipulation has > already cited Enron and Reliant Energy, Inc (REI) with contempt for > refusing to provide documents, a charge for which the companies could > be fined.=20 > Once Enron and the committee draft a protective order and the judge > agrees to it, the company will hand over any documents that the > committee wants, Palmer said.=20 > However, an attorney for the committee expressed skepticism that the > company would actually follow through.=20 > "We have no indication from Enron that they would agree to produce the > documents we've requested, even with the confidentiality order," said > Larry Drivon, special counsel to the committee.=20 > He added that he could not speculate if the committee would drop its > contempt charge if Enron did produce all requested documents.=20 > In his decision granting the protective order, Judge Charles Kobayashi > wrote that he was not convinced the committee has solid standards in > place to ensure Enron's protection.=20 > "It is clear that there are no standards for determining what are the > available protections, no procedure for determining what is a > legitimately confidential, privileged, proprietary matter, no > procedure for oversight and no prescribed remedy for (Enron) for any > unauthorized disclosures," Kobayashi wrote.=20 > Last week, a San Francisco Superior Court judge granted Enron a > protective order in a separate investigation by the state attorney > general.=20 > -By Jessica Berthold; Dow Jones Newswires; 323-658-3872; > jessica.berthold@dowjones.com >=20 >=20 ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate an= d may contain confidential and privileged material for the sole use of the = intended recipient (s). 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