`
` BEFORE THE
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` FEDERAL ENERGY REGULATORY COMMISSION
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` x
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`IN THE MATTER OF: : Docket No.
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`ENRON POWER MARKETING, INC. : EL03180000
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` AND ENRON ENERGY SERVICES, INC. :
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`AQUILA, INC. : EL03181000
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`CITY OF GLENDALE, CALIFORNIA : EL03182000
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`CITY OF REDDING, CALIFORNIA : EL03183000
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`COLORADO RIVER COMMISSION : EL03184000
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`CONSTELLATION POWER SOURCE, INC. : EL03185000
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`CORAL POWER, LLC : EL03186000
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`EL PASO MERCHANT ENERGY, L.P. : EL03187000
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`EUGENE WATER AND ELECTRICITY BOARD : EL03188000
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`IDAHO POWER COMPANY : EL03189000
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`KOCH ENERGY TRADING, INC. : EL03190000
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`LAS VEGAS COGENERATION, L.P. : EL03191000
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`MIECO : EL03192000
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`MODESTO IRRIGATION DISTRICT : EL03193000
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`MONTANA POWER COMPANY : EL03194000
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`MORGAN STANLEY CAPITAL GROUP : EL03195000
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`NORTHERN CALIFORNIA POWER AGENCY : EL03196000
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`PACIFICORP : EL03197000
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`PECO : EL03198000
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`POWEREX CORPORATION : EL03199000
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` (f/k/a British Columbia Power :
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` Exchange Corporation) :
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`PUBLIC SERVICE COMPANY OF NEW MEXICO : EL03200000
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`SEMPRA ENERGY TRADING CORPORATION : EL03201000
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`TRANSALTA ENERGY MARKETING (U.S.) INC. : EL03202000
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` AND TRANSALTA ENERGY MARKETING :
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` (CALIFORNIA), INC. :
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`VALLEY ELECTRIC ASSOCIATION, INC. : EL03203000
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` x (Consolidated)
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` Hearing Room 5
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` Federal Energy Regulatory Commission
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` 888 First Street, NE
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` Washington, D.C.
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` Wednesday, January 24, 2007
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` The aboveentitled matter came on for prehearing
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`conference, pursuant to notice, at 10:00 a.m.
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`
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`BEFORE:
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` HONORABLE CARMEN A. CINTRON
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` ADMINISTRATIVE LAW JUDGE
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`APPEARANCES: (AS HERETOFORE NOTED.)
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` P R O C E E D I N G S
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` (10:00 a.m.)
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` PRESIDING JUDGE: Are you ready to proceed.
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` The first order of business today is identify
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`exhibits.
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` Enron, proceed.
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` MR. WAGNER: Good morning, Your Honor. Gregg
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`Wagner.
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` We have, I'm not sure exactly how you want us to
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`do this, but I brought a slightly updated exhibit list from
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`the one circulated to you.
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` PRESIDING JUDGE: Okay.
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` MR. WAGNER: The only updates are, we neglected
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`the ISO exhibits, ISO Exhibits 1 through 7, that we intended
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`to sponsor and that we had put in a letter about earlier;
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`they're now on our list. And there was one missing.
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` PRESIDING JUDGE: All right, let me have your
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`updated lists.
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` MR. WAGNER: Okay. I'm handing you protected and
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`public versions, as of January 23rd.
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` I will distribute these to counsel.
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` PRESIDING JUDGE: Yes, give opposing counsel a
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`copy, please. And the reporter.
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` (Documents distributed.)
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` PRESIDING JUDGE: Can you give my law clerk a
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`copy, too, please?
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` Thank you.
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` Okay, let the record reflect I've been handed a
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`list of exhibits.
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` MR. WAGNER: The hard copies of these exhibits
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`are actually in the back of the room in boxes. There are
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`three copies for Your Honor, under your hearing rules. Two
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`copies for the court reporter. And some of them are marked
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`protected. Right now, I imagine we'll be lifting the
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`protected designation on some of those.
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` PRESIDING JUDGE: Okay.
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` MR. WAGNER: So we'll have the logistics and the
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`envelope opening to do afterwards.
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` PRESIDING JUDGE: Okay, let's move on and we'll
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`do the logistics; you don't need me to do those. I must say
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`up until the beginning of this week, I already had a number
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`of exhibits. I was missing some of Enron's exhibits, from
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`360 on. So those will be really the only ones that I need.
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` MR. WAGNER: Okay.
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` PRESIDING JUDGE: Except that there have been
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`changes to the previously filed exhibits.
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` MR. WAGNER: Some of the things that we've done
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`are implemented; the errata, at times. So I will speak with
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`your clerk about it; but I think there are copies that you
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`may not have in the sort of 'currently effective' state.
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` PRESIDING JUDGE: Okay. So do we mark for
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`identification today Enron1 through Enron530?
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` MR. WAGNER: That's correct.
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` (Enron Exhibits ENR1530 were
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` marked for identification.)
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` MR. WAGNER: And ISO1 through ISO7.
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` PRESIDING JUDGE: I have an issue with you having
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`Exhibits ISO.
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` MR. WAGNER: Okay.
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` PRESIDING JUDGE: You're not representing the
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`ISO.
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` MR. WAGNER: No, we're not.
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` PRESIDING JUDGE: Were these exhibits that were
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`filed by the ISO before?
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` MR. WAGNER: Yes, they were.
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` PRESIDING JUDGE: Do you have copies of these
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`exhibits today?
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` MR. WAGNER: Yes.
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` PRESIDING JUDGE: Okay.
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` MR. WAGNER: If you'd like we would be happy to
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` I wasn't sure how to do it, but we would be happy to
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`redesignate them as ENR531 through 537.
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` PRESIDING JUDGE: I think so.
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` MR. WAGNER: Okay.
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` PRESIDING JUDGE: I would be more comfortable
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`with that.
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` MR. WAGNER: All right. I'd be glad to do that.
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` MS. SWANSTROM: Your Honor, just so you're aware,
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`both Enron and Snohomish subpoenaed Dr. Hildebrandt from the
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`ISO. It's my understanding he will be appearing at the
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`trial.
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` PRESIDING JUDGE: Correct, but I still would like
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`the exhibits to have the labeling of the parties sponsoring
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`them, since I don't believe the ISO is in the hearing any
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`longer. Not to my knowledge.
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` Mr. Chabot, who did you represent?
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` MR. CHABOT: Port of Seattle, Your Honor.
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` PRESIDING JUDGE: Oh, that's right.
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` So, let me see, real quickly so Enron would
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`have, according to my calculations here, Enron537 ENR
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`537?
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` MR. WAGNER: That's correct.
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` PRESIDING JUDGE: Okay.
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` (Enron Exhibits ENR531537 were
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` marked for identification.)
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` MR. WAGNER: We've also, and I would ask your
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`guidance on how to address this we've also stipulated
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`with counsel for Snohomish certain data responses. We have
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`not designated ENR yet, and that sounds like that would
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`probably be the way to go, it's an ENR exhibit.
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` So that would become we have one such data
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`response at this time. It would become ENR538.
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` (Enron Exhibit ENR538 was marked
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` for identification.)
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` PRESIDING JUDGE: What is it, a data response?
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`To identify it?
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` MR. WAGNER: It is currently labeled in the
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`materials we're giving you today as Enron's response and
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`supplemental responses to Data Request SNOENR886. It
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`consists of a small amount of paper, 3 CDs, and some blowups
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`of
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` PRESIDING JUDGE: Okay. Let the record so
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`reflect. We have now marked for identification purposes
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`Enron 1 through 538.
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` Okay, counsel, let everybody identify their
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`exhibits, and then we'll go into the protective order; and
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`then the motion, and the motion filed by Snohomish for
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`expedition of data responses; and any other matters that we
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`have pending.
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` And as to the motion to strike that I deferred
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`ruling on, we'll take those up as the witnesses come up, so
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`you have to be prepared to argue those points at that time.
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`Okay?
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` Snohomish.
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` MS. SWANSTROM: Yes, Your Honor. We, too, have
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`brought an updated version of our exhibit list.
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` PRESIDING JUDGE: Okay.
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` (Handing documents out.)
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` MS. SWANSTROM: Here's one copy for you and I'll
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`provide a copy to the other counsel.
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` PRESIDING JUDGE: Thank you.
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` And give me another copy for my law clerk, Ms.
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`Swanstrom.
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` Mr. Chabot, are you going to be identifying
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`exhibits?
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` MR. CHABOT: No, Your Honor.
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` PRESIDING JUDGE: Because there was you're
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`representing Port of Seattle. Is anybody else identifying
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`exhibits today, besides that, between we found is there
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`another party in this proceeding?
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` City of Seattle. You're not ?
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` MR. CHABOT: I believe that there was a separate
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`settlement with Seattle in the proceedings, as a result
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`of which they agreed to withdraw from this proceeding.
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` PRESIDING JUDGE: Okay.
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` MR. CHABOT: I can't speak for them other than
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` PRESIDING JUDGE: We'll check on that. Thank
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`you.
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` Hang on Ms. Swanstrom, we're having technical
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`difficulties here.
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` (Pause)
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` We've been doing some housekeeping, all the
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`exhibits that have been withdrawn; so we're still trying to
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`figure out which ones have been withdrawn and which ones
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`have not.
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` And this is the bible. Not that I want to demean
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`religion in any way, but that's what I call my bench book.
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` Okay. Now, Ms. Swanstrom, go ahead.
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` MS. SWANSTROM: Yes, Your Honor. We do have some
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`doubts in our exhibit records, because we either did not
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`offer or reserved. Would you like me to just say 1 through
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`the end number, or go through ?
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` PRESIDING JUDGE: No, go 1 through whatever
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`number, and then come back and tell me, or I'll identify the
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`ones that have been reserved.
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` MS. SWANSTROM: It will show in our exhibit list
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`that I've handed you, Your Honor, which ones have been
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`reserved.
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` PRESIDING JUDGE: Okay, very well.
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` MS. SWANSTROM: I would like to mark for
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`identification Exhibits SNO1 to SNO961.
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` (Snohomish Exhibits SNO1 to 961
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` were marked for identification.)
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` MS. SWANSTROM: I would also like to say, Your
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`Honor, that we have been working with the parties have
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`all been working very cooperatively to try to streamline
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`this hearing; and I requested a subpoena for Mr. Holback,
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`because Dr. Acton for Enron relied on the exhibit that we
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`have supplemental testimony that, in our view, was more
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`helpful to us than harmful to Enron, so we wanted to balance
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`it out.
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` We negotiated an agreement last night with Enron,
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`or this morning, where we would agree that the supplemental
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`testimony would come in if his deposition came in.
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` There are some exhibits we'll need to attach as
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`supplemental testimony, but because we struck this deal this
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`morning, we haven't had a chance to get them in our list.
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` So with your permission and Enron's and again,
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`it's consented, we may have another Exhibit 961.
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` PRESIDING JUDGE: Not a problem. When you get it
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`ready, we'll mark it then and move it into evidence at the
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`appropriate time.
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` MS. SWANSTROM: Thank you, Your Honor.
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` PRESIDING JUDGE: There was also a previous
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`stipulation.
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` MS. SWANSTROM: We agreed amongst Enron and
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`Snohomish, and I think Staff shares our view, but didn't put
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`it formally as part of the agreement, to streamline this
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`hearing, Your Honor. We are all going to let everyone's
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`exhibits be admitted and work so that you'll have a full
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`record in front of you; we got the message from the last
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`prehearing conference; and I think that was
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` PRESIDING JUDGE: Okay, what about, was there a
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`previous stipulation as to somebody's testimony? Belden's
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`or something like that?
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` MS. SWANSTROM: That was for deposition purposes,
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`Your Honor.
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` PRESIDING JUDGE: Okay.
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` MS. SWANSTROM: That the guilty pleas would come
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`in the depositions. We do technically have Mr. Rick
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`Tabors
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`a subpoena. I honestly can't tell you whether they will
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`actually show up. I think their sentence is recently. I've
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`asked one of my associates to see if she can contact their
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`attorneys and see if it is realistic that they will show up.
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` PRESIDING JUDGE: All right. Very well.
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` MS. SWANSTROM: Also, Your Honor, we did have
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`some errata. Would you like us to prepare the review of the
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`corrected versions and give them to your clerk separately?
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` PRESIDING JUDGE: Of the exhibits?
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` MS. SWANSTROM: Yes. There were a few erratas.
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` PRESIDING JUDGE: Okay. No, later on we can
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`incorporate those into my binders.
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` MS. SWANSTROM: Thank you, Your Honor.
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` PRESIDING JUDGE: And do I have a whole set of
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`yours? Did you bring the ones I was missing?
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` MS. SWANSTROM: Yes, Your Honor.
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` PRESIDING JUDGE: Did you people file those
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`exhibits? I'm just trying to figure out how come we were
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`missing exhibits. I mean, this case has been here for a
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`long time, so things happen because we had to move those
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`records back and forth; but I never had so many exhibits
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`missing. Now granted, we have moved this record a number of
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`times.
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` MS. SWANSTROM: I don't know; it's possible that
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`Judge Bacon got when some of the exhibits came in
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` PRESIDING JUDGE: Interesting. Interesting.
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` MR. WAGNER: I think, if I remember the email
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`correctly, the exhibits that we were missing were all from a
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`single CD. But that's actually filed just last month.
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` PRESIDING JUDGE: Okay. Very well.
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` Staff.
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` MS. GILMORE: Good morning, Your Honor.
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` PRESIDING JUDGE: Good morning.
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` MS. GILMORE: Staff would like to have marked for
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`identification its exhibits I am going to tell you the
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`full number, and then I'll go back and say which ones we are
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`not offering in.
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` It's S1 to S146. We have created a revised
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`206
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`exhibit list. We are not changing any of our exhibits in
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`terms of substance; however, we have been able to get
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`agreements to remove protection, and the revised exhibit
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`list that reflects the agreements that we've arrived at, as
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`we'll discuss later this morning.
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` PRESIDING JUDGE: Very well.
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` Can you give my law clerk one.
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` (Document handed out.)
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` MS. GILMORE: Your Honor, Staff is not offering a
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`number of Staff exhibits. The exhibits we are not offering
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`primarily reflect the settlement with Portland General.
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` PRESIDING JUDGE: Okay.
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` MS. GILMORE: It did not any longer need to have
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`all of those exhibits. The exhibits that are not to be
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`offered into evidence are S1, S7, S8, S9, S10, S11, S
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`12, S13, S28, S29.
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` Your Honor, that completes the list that no
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`longer will be offered into evidence.
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` (Staff Exhibits S2 through S6,
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` S14 thru S27, S30 through S146
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` were marked for identification.)
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` PRESIDING JUDGE: Very well. Let the record so
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`reflect that some of Staff exhibits will not be offered.
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` That concludes the identification on the
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`exhibits, which will expedite the hearing. Because at that
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`point in time you can just say they have been previously
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`identified, and move them into evidence at the appropriate
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`time.
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` Okay, as to confidentiality. Enron.
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` MR. WAGNER: I've discussed with counsel for
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`Snohomish and counsel for Trial Staff the protected status
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`of certain of the exhibits offered by those parties.
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` I think with minor exceptions, we've reached
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`agreement that their exhibits, as far as Enron is concerned,
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`and not speaking for any third party, we don't object to
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`their being made public.
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` The exceptions were, in the Staff exhibits,
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`actually there are no exceptions other than tapes, which
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`obviously Enron has no authority to lift the protective
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`order from District Court; and for Snohomish that's the same
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`as well. I believe those are SNO245, SNO581
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` PRESIDING JUDGE: Hang on. Give me what is
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`protected as far as Snohomish and Staff, and tell me which
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`ones of theirs are protected.
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` MR. WAGNER: Okay. The ones of ours that are
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`protected, I actually brought with me a list of those that
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`we will lift the protective designation on.
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` PRESIDING JUDGE: Okay.
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` MR. WAGNER: And then the rest, while we
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`generally have no object to it, are not seeking
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`208
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`affirmatively to make them public; and sort of do that as
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`Snohomish or Trial Staff's responsibility, if they deem that
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`appropriate.
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` Those that we will voluntarily lift the
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`protective status, though, are ENR3
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` PRESIDING JUDGE: Hang on, I've got to mark that.
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` So it's not protected.
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` MR. WAGNER: Correct.
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` PRESIDING JUDGE: The entire exhibit?
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` MR. WAGNER: Correct.
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` PRESIDING JUDGE: Okay, go ahead.
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` MR. WAGNER: ENR4, the entire exhibit.
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` PRESIDING JUDGE: Okay.
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` MR. WAGNER: ENR5, the entire exhibit.
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` PRESIDING JUDGE: Okay.
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` MR. WAGNER: And ENR45, specific page and line
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`numbers which are
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` PRESIDING JUDGE: Hang on. Okay, go ahead.
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` MR. WAGNER: Page 17, line 8 through page 18,
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`line 9; page 23, line 20 through page 24, line 1.
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` There is one other section of that exhibit that
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`should remain protected because of a third party's interest.
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` Those are the ENR exhibits we'll voluntarily
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`lift.
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` PRESIDING JUDGE: Everything else then remains
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`protected?
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` MR. WAGNER: Yes, subject to our likely
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`agreement, if other parties have obtained the consent of
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`former parties to this case. Highly likely that we would
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`not object.
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` PRESIDING JUDGE: Okay. Thank you.
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` Go ahead, Snohomish.
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` MS. SWANSTROM: Yes, Your Honor. I may need to
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`turn to my colleague; Mr. Muniz has been helping me with
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`this, but it's my understanding that we have SNO1, which is
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`the direct testimony of John White, marked as protected.
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`It's also my understanding that Enron has agreed to consent
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`to the release of information in his testimony, so I think
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`that SNO1 can become public.
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` SNO6 was a compilation of bid data that
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`Snohomish received with respect to its contract; Enron has
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`consent to the release of their bid data. We also have the
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`AEP and Morgan Stanley bid data in that exhibit, because all
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`the bids were submitted around the same time.
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` We went back to check and see what happened in
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`the other case, to see if Morgan Stanley had released the
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`information, and we couldn't tell from the exhibit itself.
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`So we will follow back up with the other people on that.
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` There are a couple instances where there are
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`third parties involved, and we think it may be helpful if
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`Your Honor made some sort of ruling today sort of putting
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`people on notice that you want to make this record as open
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`and public as possible, and we'd be happy to forward that on
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`to the people that we still have issues with. Sometimes
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`people have settled out of the case or withdrawn, so it's
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`difficult to get their attention quickly.
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` PRESIDING JUDGE: I will make such a ruling right
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`now, that if other parties want to preserve their
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`confidentiality, they'd better speak up now.
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` MS. SWANSTROM: Thank you, Your Honor.
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` PRESIDING JUDGE: If I don't hear from them, they
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`will be public documents.
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` MS. SWANSTROM: SNO11, which is the prepared
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`testimony, direct testimony of Carl Peckman; again Enron I
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`believe has consented to the release of protected
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`information in that exhibit, so that should become public.
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` SNO49
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` PRESIDING JUDGE: Ms. Swanstrom, in terms of that
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`ruling, send them an email or something in writing and then
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`we will use that as evidence that you tried to communicate
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`with them.
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` MS. SWANSTROM: Yes, Your Honor. Will do.
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` PRESIDING JUDGE: Okay.
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` MS. SWANSTROM: SNO79 as well as SNO50, and I
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`think we need to seal the record so I can discuss this,
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`unless let me back up. I think Holly has contacted
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`Portland General Electric with respect to this document;
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`it's the same document, actually, in each exhibit.
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` PRESIDING JUDGE: 49 and what was it?
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` MS. SWANSTROM: Excuse me, 49 and 150, it's an
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`excerpt from Portland General Electric.
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` PRESIDING JUDGE: I see that, okay.
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` So would you like to speak to that, so we don't
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`have to seal the record?
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` MS. ALPERT: Your Honor, I have contacted
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`Portland General Electric about Snohomish Exhibit SNO49,
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`and they have agreed to lift protection as to SNO49.
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` PRESIDING JUDGE: 150 is the same one?
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` MS. SWANSTROM: That's my understanding. I
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`learned that last night, and if so, I'll doublecheck it.
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`If it's a duplicate, we won't need to offer both, obviously.
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` PRESIDING JUDGE: Okay. All right.
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` MS. SWANSTROM: Continuing on, SNO58, which is
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`prepared direct testimony of Mr. McCullogh, I believe Enron
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`has consented to the release of information contained in
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`that testimony; so we can make that public.
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` PRESIDING JUDGE: Okay.
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` MS. SWANSTROM: SNO136, that I have here on my
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`list described as Enron Schedule B, it's my understanding
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`we've agreed to a release of that information publicly.
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` We talked about SNO50, which was, as I
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`understand, is the same as SNO39 with respect to Portland
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`General.
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` SNO235, this is a CDROM of audio files,
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`recordings that we transcribed. These are the full versions
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`of the conversation, Your Honor; and they may contain
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`personal information in part; therefore, at least pursuant
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`to our agreement with Enron, I think your general view of
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`the world, we may need to keep that protected to avoid
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`releasing personal information about their
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` PRESIDING JUDGE: Can they be redacted?
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` MS. SWANSTROM: One second, Your Honor.
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` (Discussion with cocounsel.)
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` MS. SWANSTROM: It is my understanding there is a
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`public version of redacted tapes, Your Honor.
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` PRESIDING JUDGE: That's what I thought. Can you
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`put those in instead of the one you have here as protected?
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` MS. SWANSTROM: Pardon me, Your Honor. One
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`moment.
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` PRESIDING JUDGE: Go ahead.
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` (Discussion with cocounsel.)
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` MS. SWANSTROM: Your Honor, I think we can do
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`that.
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` PRESIDING JUDGE: So we'll have a public version
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`of the audio files?
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` MS. SWANSTROM: Yes, Your Honor.
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` PRESIDING JUDGE: Okay.
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` MS. SWANSTROM: I believe that also applies to
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`SNO581, which are audio files that have personal
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`information.
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` PRESIDING JUDGE: 581, let me get there.
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` MS. SWANSTROM: And it's my understanding we do
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`have public redacted versions of all of these, that were
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`made.
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` SNO619, this is an index of Enron documents that
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`was provided to Snohomish by Enron. I'll let Enron speak to
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`that; it's my understanding they did not want to release
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`that information.
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` MR. WAGNER: There are two versions of this as
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`they filed it; this is the CDMS index. There is an
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`extremely large document; but there are two CDs, I believe,
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`as they filed it as SNO619. There is a redacted version
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`that we don't object to being made public; there is an
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`unredacted version that we would continue to assert
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`protected status for.
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` PRESIDING JUDGE: Which one is in 619? The
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`protected one?
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` MR. WAGNER: I believe it's both.
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` MS. SWANSTROM: That's my understanding, that
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`there is a protected one there. Can we seal the record,
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`214
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`just for a minute?
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` PRESIDING JUDGE: Yes. Let's seal the record.
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` [Record sealed.]
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` [Record unsealed.]
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` MS. SWANSTROM: SNO822 is the prepared rebuttal
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`testimony of Mr. McCullough. We have contacted Enron and
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`believe that they have consent to the release of Enron
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`information in that testimony so it can be made public.
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` PRESIDING JUDGE: Very well.
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` MS. SWANSTROM: SNO972, I believe this was
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`formerly one of the Nevada Company's exhibits, and we have
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`been unable to get ahold of them or get their permission yet
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`to release us, so we need to seal the record for another
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`minute.
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` PRESIDING JUDGE: Okay, seal the record.
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` [Record sealed.]
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` [Record unsealed.]
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` MS. GILMORE: Yes, Your Honor. The exhibit list
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`that was given you this morning reflects the exhibits for
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`which the protection has been lifted. Those that we need to
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`maintain the protected status are shown on the list.
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` The first one starts on page 3, S43.
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` MS. ALPERT: Your Honor, S43 is derived from
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`material provided to Trial Staff by the California ISO. I
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`did contact the ISO's attorney by email, and she responded
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`that they do need to maintain protection.
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` PRESIDING JUDGE: Okay.
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` MS. ALPERT: If you would like, I can provide
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`the email in which she stated that they do need to maintain
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`the protection.
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` PRESIDING JUDGE: I'll take your representations,
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`Counsel, as enough evidence of that.
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` MS. ALPERT: Okay.
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` MS. GILMORE: The next category of protected
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`material begins on page 5 of the exhibits. Filed as part of
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`the testimony of Patrick Crowley, which contained Enron
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`trader names, that were protected pursuant to your orders.
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`And those exhibits that have trader names are S85, S86, S
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`89, S90, S91, S92, S93, S94, S95, S96, S97, S100,
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`and S101. And S104 and S105 are protected because
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`they're maps and they contain critical energy infrastructure
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`information.
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` Then the next protected exhibit, a category of
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`exhibits, begins on page 8, and these are protected pursuant
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`to the protective order. They contain transcripts of the
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`actual audiotape exhibit.
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` PRESIDING JUDGE: Okay. And tell me, on these
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`five, 85 with the numbers you identified, they are protected
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`for what reason?
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` MS. GILMORE: They contain Enron trader names.
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` PRESIDING JUDGE: Of the particular trader?
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` MS. GILMORE: Of the particular traders.
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` PRESIDING JUDGE: Could those exhibits be
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`redacted to take out trader names?
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` MS. GILMORE: There are numerous names.
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` PRESIDING JUDGE: Okay.
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` MS. GILMORE: We could attempt to do it on some
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`of them, but I think some of them it would be very messy.
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`Because they're all over the place.
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` PRESIDING JUDGE: Go ahead.
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` MS. SWANSTROM: Your Honor, we would really like
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`to see those made public so that we can have a clear record
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`that will easily identify when we're referring to certain
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`exhibits. I think you're really only redacting trader
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`names, and I'm not talking about social security numbers or
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`something about people's children or anything like that; I
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`agree that that type of personal information should remain
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`confidential.
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` But with respect to the names I think it would
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`really clarify the record if those names were in the record,
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`if we wanted to tie a scheme, for example, to a tape. Your
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`rule on redacting the names didn't come until after we had
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`submitted our tapes, so there are names in our tapes.
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` Enron and Snohomish reached a separate agreement
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`early on, when Judge Bacon was the presiding judge, and we
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`217
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`agreed to redact things like social security numbers, family
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`information; and Enron was okay with the names and we were
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`okay with releasing the names; so I think if you want a
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`consistent record, I would make the names public; keep
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`confidential someone talking about their children, or
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`medical issues or their phone number or their social
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`security number, that sort of thing.
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` PRESIDING JUDGE: I don't have a problem with
`
`having the names in a private record, in a protected
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`version, but I really have a problem except for names that
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`have already been released to the public; I have a problem
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`with releasing names of any trader out there. So if there
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`are some that, their names have already been released,
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`they're exhibits, it is what it is. But for people whose
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`names have never been released, I have a problem with that.
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` So I would say either you or Staff, if you want
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`to, I don't have a problem with having a public version of
`
`those exhibits, as long as they are redacted.
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` So if you want to undertake the redaction or
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`staff wants us to undertake the redaction, that's fine; but
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`if there are names that have never been publicly disclosed,
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`I am not going to disclose them. So they will remain under
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`seal until they are redacted.
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` Does that take care of all the issues in terms of
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`confidentiality?
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` MR. WAGNER: Yes, Your Honor.
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` PRESIDING JUDGE: Okay. Then the motion that was
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`filed by Enron to expedite certain data responses ex



