RE: FW: M.1853 EDF/EnBW - EDF VPP Trustee ,
 Thanks for this clear update. Look forward to hearing outcome of Trustee's 
receipt and review of previous correspondence. 



From: Bruno Gaillard/Enron@EUEnronXGate on 06/04/2001 11:15 AM GDT
To: Pierre de Gaulle/LON/ECT@ECT
cc: Ross Sankey/Enron@EUEnronXGate, Philip Davies/Enron@EUEnronXGate, Raphael 
Brun/LON/ECT@ECT, Simon Brod/LON/ECT@ECT, Peter Styles/LON/ECT@ECT, Nailia 
Dindarova/LON/ECT@ECT, Eric Shaw/ENRON@EUEnronXGate 

Subject: RE: FW: M.1853 EDF/EnBW - EDF VPP Trustee

All

I talked to the Trustee late Friday. They are reluctant and not intending to 
meet with anyone. The want to keep their independence although they did say 
that at this point the process has been one sided. They are, however, very 
interested in getting as much information as possible for us and others. We 
should provide them copies of all the letters that we have sent to the MTF, 
EdF,  and PWC as they have not received any of that information as of yet. 
With that we should include a cover note and points on the PIM that we have 
not covered. 

When questioned on what their role was, they explained that it was to monitor 
the execution of EdF's responsibilities, set up the auction process and 
perform the auction. They must insure that the product offered by EDF is 
reasonably coherent with the conditions agreed to with the MTF, and finally 
they must insure transparency.

On the possibilities to changes certain terms conditions in the decision. 
Their role is to ensure that the remedy as agreed is followed through (they 
have no power to ensure that the greater purpose of the remedy - i.e. promote 
competition is fulfilled). Thus any fundamental changes on conditions that 
were precisely stated in the remedy (i.e. noon notification and price level - 
stated in the confidential version of the decision) will unlikely be changed, 
on these issues we can give it a go, but I see very little probability for 
success. Other issues that have not been well defined such as the schedule, 
type of  auction (SMP vs PAB) could possibly be influenced.

Bruno  

 -----Original Message-----
From:  de Gaulle, Pierre  
Sent: 03 June 2001 18:10
To: Gaillard, Bruno
Cc: Sankey, Ross; Davies, Philip; Brun, Raphael; Brod, Simon; Styles, Peter; 
Dindarova, Nailia
Subject: Re: FW: M.1853 EDF/EnBW - EDF VPP Trustee

Bruno,

Let's send before meeting with the Trustee a letter similar to EdF and PWC  
letters, but incorporating comments on the PIM.

Let's prepare a draft tomorrow, that we will circulate within the group.

Thanks

Pierre
    


From: Bruno Gaillard/Enron@EUEnronXGate on 01/06/2001 18:01
To: Pierre de Gaulle/LON/ECT@ECT, Ross Sankey/Enron@EUEnronXGate, Philip 
Davies/Enron@EUEnronXGate, Raphael Brun/LON/ECT@ECT, Simon Brod/LON/ECT@ECT
cc: Peter Styles/LON/ECT@ECT, Nailia Dindarova/LON/ECT@ECT 

Subject: FW: M.1853 EDF/EnBW - EDF VPP Trustee

FYI 

-----Original Message-----
From: Nicole.Hacker@cec.eu.int [mailto:Nicole.Hacker@cec.eu.int]
Sent: 01 June 2001 17:55
To: Gaillard, Bruno
Cc: Dietrich.Kleeman@cec.eu.int; Gwenaelle.NOUET@cec.eu.int;
Ulrich.Diez@cec.eu.int; Ana.Arana-Antelo@cec.eu.int; pbreen@dc.com
Subject: M.1853 EDF/EnBW - EDF VPP Trustee


Dear Mr. Gaillard,
please find below the contact details for the EDF trustee of the VPP
auctions: 
Patrick Breen 
Deloitte Consulting 
Stonecutter Court 
Stonecutter Street 
London EC4A 4TR 
Telephone: +44 207 3038703 
e-mail: p.breen@dc.com

Best regards,

Nicole Hacker
European Commission
DG Competition
Merger Task Force
Phone: +32 2 299 93 91
Fax: +32 2 296 43 01
e-mail: nicole.hacker@cec.eu.int
bruno.gaillard@enron.com