Message-ID: <26876168.1075844229860.JavaMail.evans@thyme>
Date: Tue, 13 Mar 2001 09:07:00 -0800 (PST)
From: robert.frank@enron.com
To: harry.kingerski@enron.com
Subject: Baltimore Gas & Electric v. Enron Federal Solutions
Cc: richard.shapiro@enron.com
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I guess I should assert some credit for the legislative outcome is well.
----- Forwarded by Robert Frank/NA/Enron on 03/13/2001 05:07 PM -----

	Robert C Williams/ENRON@enronXgate
	03/13/2001 03:38 PM
		 
		 To: Rob Walls/ENRON@enronXgate, Vicki Sharp/HOU/EES@EES, James 
Derrick/ENRON@enronXgate
		 cc: Robert Frank/NA/Enron@Enron
		 Subject: Baltimore Gas & Electric v. Enron Federal Solutions

In a 48-page opinion issued on March 12, United States District Court Judge 
Andre Davis granted EFSI's motion for summary judgment and dismissed BG&E's 
lawsuit.  BG&E was seeking a ruling that nonregulated companies should not be 
permitted to provide utilty services to federal armed services bases located 
within state territory.  Along with Friday's dismissal of the Colorado suit 
brought by Colorado State Utilities, this should end this threat to EFSI's 
business.  The only judicial challenge that remains is the lawsuit filed by 
Virginia Power at the Federal Court of Claims, and the issue in that lawsuit 
relates solely to bundling.  Moreover, there is language in Judge Davis' 
decision (on the non-retroactivity of the October Hexley amendments to 
section 2688) that, if followed by the Federal Court of Claims, will be 
dispositive of that issue as well.

The Venable firm, primarily Jim Shea and Mitch Mirviss, did an outstanding 
job briefing and arguing this case.  However, as the Judge noted in his 
decision, had Congress passed the House version of the Hexley amendment, the 
Judge would have been obliged to rule in BG&E's favor.  Cynthia Sandherr and 
Bob Frank are responsible for getting the language changed in conference so 
that it ended up helping, not defeating, our case.

I will let you know if BG&E appeals.

Please call me with any questions.  Thank you.