Message-ID: <27514598.1075860563968.JavaMail.evans@thyme>
Date: Wed, 13 Dec 2000 07:43:00 -0800 (PST)
From: britt.davis@enron.com
To: harry.papadopoulos@enron.com, heidi.mason@enron.com, david.minns@enron.com
Subject: PT Kaltim Rima Coal v. AES Barbers Point/Third-party subpoena on
 Enron Coal Company
Cc: wayne.gresham@enron.com, robert.quick@enron.com, richard.sanders@enron.com, 
	becky.zikes@enron.com
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PRIVILEGED AND CONFIDENTIAL:  ATTORNEY-CLIENT COMMUNICATION, ATTORNEY WORK 
PRODUCT--URGENT

Harry, Heidi and David,

 The above-referenced lawsuit is filed in the Southern District of New York 
by PT Kaltim Rima Coal, who allegedly had a long-term coal purchase agreement 
with AES Barbers Point, for delivery to AES in Hawaii.  In brief, PT contends 
that AES breached that agreement through the use of a bogus force majeure 
letter, in order to allow AES to purchase coal from some Enron entity at a 
cheaper spot market price in September or October of this year.

 PT's attorneys, Lord, Bissell & Brook out of Chicago, have served us with a 
subpoena on Enron Coal Company.  How they decided that Enron Coal Company was 
the correct entity is not something I yet know.   I have been advised that 
Enron Coal Company is a long-dormant subsidiary of Enron Property.  Although 
using Enron Coal Company's name throughout, the subpoena also references 
Harry, Riaz Rizvi, Allen Childress, Stuart Staley and/or John Bowman.  I 
understand that we probably did do a deal (maybe more than one) with AES, but 
need to be corrected if I am wrong.

 The subpoena requests that a corporate representative for Enron Coal Company 
appear with documents on January 8 in Houston to be deposed about the deal 
with AES.

 I would like to respond tomorrow, by telefax, to PT's attorneys and advise 
that Enron Coal Company is the wrong company.  If all I do is stall them, 
however, they can yank the information from us the hard way (assuming that we 
did do the deal in question) and eventually get what they want.  The suit is 
for about $4,000,000, so it is worth the while of PT's attorneys to pursue 
this subpoena.  Accordingly, I need one of you to tell me as soon as possible 
whether 

 (a) we did such a deal with AES during the relevant time frame, and if so, 
the exact name of the Enron entity on the deal;

 (b) who the trader on the deal was; and,

 (c) who has the documents regarding the deal.

Although I have briefly described the information I need, I also need to get 
the name of the right person to telefax the subpoena to for review, to see 
how broad the scope of the request for documents/witnesses really is. 

I would greatly appreciate this preliminary information by the close of 
business tomorrow, Thursday, in London/Australia.  I apologize for the 
extremely short time frame.  I was only given this subpoena last Friday, and 
have spent the days since chasing people down.  Please don't shoot the 
messenger. 

Britt
 

----- Forwarded by Britt Davis/Corp/Enron on 12/13/2000 03:17 PM -----

	Stuart Staley@ECT
	12/13/2000 02:15 PM
		
		 To: Britt Davis/Corp/Enron@ENRON
		 cc: Robert Quick/LON/ECT@ECT, Wayne Gresham/HOU/ECT@ECT
		 Subject: Re: subpoena

Britt:

Harry Papadopoulos, Heidi Mason, or David Minns in our Sydney office should 
have originals of this documentation.

Thks,

Stu