RE: McKenna arbitration ,
 Are we set this week?



	"Ileana Blanco" <iblanco@bracepatt.com>
	02/19/2001 02:44 PM
		 
		 To: <Bonnie.White@enron.com>
		 cc: "J. Clifford Gunter" <cgunter@bracepatt.com>, "Josh McMorrow" 
<jmcmorrow@bracepatt.com>, <RSander@ECT.Enron.Com>, <andrew.edison@enron.com>
		 Subject: RE: McKenna arbitration


All three arbitrators are okay with the week of August 20th.  How does it 
look at your end? Also, do we want a "reasoned opinion" or just a "decision" 
from them?  Since there are few, if any grounds for an appeal, McDade 
recommends a "decision". Ileana
>>> <Bonnie.White@enron.com> 02/13/01 11:07AM >>>
Ileana,

As of now, my calendar is clear for August 20th.  I will pencil this in,
although I think we should make sure that everybody also has the 21st open
in case the arbitration takes more than one day.  We will, of course, need
to have Max Yzaguirre available.  Even though we are posturing the case as
a summary judgment case, I think it would also be helpful to have Dwight
Beach and Steve Irwin available.  They would be the two best witnesses, I
think, to discuss all of the things that McKenna had not done in order to
have a viable project.  I believe this type of testimony would be helpful
to the arbitrators so that they would know that, in ruling on the contract
interpretation as a matter of law, they are also ruling in a fundamentally
fair manner--neither the law nor equity is on McKenna's side.  If you
agree, I will contact them about their availability.  I agree that we
should despose McKenna fairly quickly.  We will need to nail down what he
might say as to contacts with offtakers, etc., so that we can determine the
necessity of getting them involved.  If we do need to get them involved,
perhaps we could do so by way of affidavit rather than live testimony, or,
at most, by deposition.  Let me know what you think.  Thanks.



   -----Original Message-----
   From: "Ileana Blanco" <iblanco@bracepatt.com>@ENRON
   Sent: Tue 2/13/2001 10:46 AM
   To: White, Bonnie
   Cc: J. Clifford Gunter; RSander@ECT.Enron.Com; tmcdade@mfml.com
   Subject: McKenna arbitration
iblanco@bracepatt.com