Message-ID: <1054080.1075858720939.JavaMail.evans@thyme> Date: Mon, 10 Sep 2001 09:45:51 -0700 (PDT) From: susan.j.mara@enron.com Subject: FW: Revised Petition and Points and Authorities Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: "Mara, Susan" @ENRON X-To: jbennett@gmssr.com, rwillia2@enron.com, Kaufman, Paul , jdasovic@enron.com, jsteffe@enron.com, rshapiro@enron.com X-cc: X-bcc: X-Folder: \RSHAPIRO (Non-Privileged)\Shapiro, Richard\Deleted Items X-Origin: Shapiro-R X-FileName: RSHAPIRO (Non-Privileged).pst -----Original Message----- From: Ed Duncan [mailto:EDuncan2@ArterHadden.com] Sent: Saturday, September 08, 2001 12:47 PM To: Mara, Susan Cc: douglass@energyattorney.com Subject: Revised Petition and Points and Authorities Attached is the revised Petition and Points and Authorities (the Sept. 8 Draft"). This draft has not been redlined because the changes and additions are extensive. Future revisions will be redlined. This draft will be revised to clarify the arguments, to include page references to the exhibits, to include missing authorities, and to eliminate typos, etc. The argument is that the Commission acted contrary to state and federal constitutional guaranties (a de novo standard of review) and that the Commission acted in excess of its authority and contrary to law thereby abusing its discretion (a substantial evidence standard of review). You will be provided a revised draft by noon on Monday (Sept 10) which I anticipate will be substantially complete. As soon as it is available, I will send it to you. At that time do you want it also sent to the addressees listed in ypur Friday Email? EWD - Sept 8 Draft.doc