Message-ID: <20134284.1075852477867.JavaMail.evans@thyme> Date: Wed, 22 Aug 2001 13:43:41 -0700 (PDT) From: dwatkiss@bracepatt.com To: robert.frank@enron.com Subject: Re: PNW case Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: "Dan Watkiss" @ENRON X-To: gfergus@brobeck.com, Steffes, James D. , Frank, Robert X-cc: X-bcc: X-Folder: \JSTEFFE (Non-Privileged)\Steffes, James D.\California Issues\PNW Refunds X-Origin: Steffes-J X-FileName: JSTEFFE (Non-Privileged).pst Bob, I disagree that Alternative 2 is the "next best thing" to filing testimony on ripple. Alternative 2 is the best approach because (as we are pursuing it) we preserve all of our rights and, at the same time, preserve the possibility that this case will go nowhere. Jeffrey D. (Dan) Watkiss Bracewell & Patterson, LLP 2000 K St., N.W. Suite 500 Washington, D.C. 20006-1872 (202) 828-5851 dwatkiss@bracepatt.con jdwatkiss@aol.com >>> "Frank, Robert" 08/22/01 04:28PM >>> Jim wanted the advantages/disadvantages of the ripple options noted in my memo. Here's my take: Alternative 1 - File "ripple" refund claim Advantages: (1) testimony goes in record and is available for briefing/argument;(2)procedural risks are minimized. Disadvantages: (1) implicitly undermines primary position that refunds are unjustified; (2)witnesses are available for cross-examination; (3) ALJ may reject depending on ruling on proposed order. Alternative 2 - File "offer of proof" showing ripple claims Advantages: (1)next best thing to testimony; (2) keeps burden and focus on initial claimants', (3) only marginally compromises procedural position if ALJ accepts proposed order. Gary/Dan - do you agree? Comments? ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate and may contain confidential and privileged material for the sole use of the intended recipient (s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender or reply to Enron Corp. at enron.messaging.administration@enron.com and delete all copies of the message. This e-mail (and any attachments hereto) are not intended to be an offer (or an acceptance) and do not create or evidence a binding and enforceable contract between Enron Corp. (or any of its affiliates) and the intended recipient or any other party, and may not be relied on by anyone as the basis of a contract by estoppel or otherwise. Thank you. **********************************************************************