Subject: FW: Revised Petition and Points and Authorities
From: [email-masked]
Date: Mon, 10 Sep 2001 09:45:51 -0700 (PDT)

-----Original Message-----
From: Ed Duncan  [mailto:[email-masked]]
Sent: Saturday, September 08, 2001  12:47 PM
To: Mara, Susan
Cc:  [email-masked]
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