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Credit Pacific Service Union Though California state officials crowed over the Enron memos released this week outlining questionable strategies for wringing profits from the electricity market here, state lawyers said that the documents would probably have only a modest and indirect effect on their efforts to win refunds from the power generators.

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Credit First Service Union Ever since power prices rocketed out of control in 2000 and then especially early last year, California has struggled both to obtain federal help in capping prices and to force the generators to return what the state has said are billions of dollars of overcharges.

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Card Credit Mobile Service So far, the state's claims that at least some of the generators and power traders manipulated the market and unfairly took advantage of shortages they fabricated have produced no substantial refunds, and California has had to bear billions of dollars in costs for buying power at inflated prices, harming Gov. Gray Davis politically.

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Card Credit Discover Service The state lawyers now say that although the memos by Enron's lawyers have produced a potential political windfall, their actual effect on litigation will not be decisive or, in many of the suits that have been filed, relevant at all.

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Credit Public Service Union For instance, Bill Lockyear, the state attorney general, has filed 12 civil suits against six companies seeking at least $10 billion in refunds. But Enron is not even on that list, not yet anyway.

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Card Credit Processing Service The state has been seeking trading documents from Enron for months and only recently won a court order forcing the company to hand over the papers. Sandra Michioku, a spokeswoman for the attorney general, said that more suits could well be filed after the materials were handed over. The critical information for a suit, however, will involve details on trading activities, she said.

Center Credit Service Union The focus for the state's legal strategy has been the Federal Energy Regulatory Commission, or FERC, which oversees the power markets. The state has filed claims with the commission seeking $8.9 billion in refunds from the generators.

Card Credit Service Wireless Erik Saltmarsh, the chief counsel to the state's Electricity Oversight Board, which is coordinating the litigation, said the new memos offered little more than some moral and possibly political weight to the state's claims. The case will stand or fall, he said, on mountains of market data pieced together showing what the state has described as illegal manipulation of the market.

Credit Security Service Union He said that Enron's descriptions of questionable trading strategies contained only one modest disclosure: a method Enron traders used that reportedly created the illusion of congestion on power lines by moving power back and forth across state lines.

Credit Report Service "To me, the FERC is like a parent who doesn't want to believe their teenager has gone bad," Mr. Saltmarsh said. "The memos are significant because they are like finding a diary in the kid's backpack saying, `I robbed the liquor store.' This may get the FERC to act."

Blogspot Com Christian He added: "The memos can help, but they're not enough. The data is what's critical."

Christian Counseling Credit One lawyer, Michael Aguirre, took a different view. He has filed two suits against the power generators, one on behalf of the lieutenant governor and one on behalf of state consumers. The suits seek $40 billion in total, but only the second, on behalf of consumers, names Enron.

Credit Federal Service Union Mr. Aguirre said that he thought the Enron memos would be critical in establishing bad faith on the part of the company, a fact that could be far more important in swaying a jury than heaps of trading data.

Credit Monitoring Service "This is the kind of evidence you pray for," he said.

Credit Division Service By James Sterngold
New York Times - 5/9/2002

Topic: Enron

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