A consultant and attorneys for bankrupt Enron did not withhold information during a 2001 FERC hearing involving refunds to Pacific Northwest power customers, the agency’s chief judge said. As a result, he recommended that the parties not be barred from appearing and practicing before the Federal Energy Regulatory Commission.

“The Chief Judge finds no violations of…the Commission’s rules of practice and procedure have been committed by any person in connection with Enron’s submission in compliance” with 2001 orders that sought data on bilateral power sales in the Pacific Northwest, said Chief Administrative Law Judge (ALJ) Curtis L. Wagner Jr. in an initial decision issued on June 1 [EL03-180].

“There is absolutely no evidence in this case that any person engaged in any unethical or improper professional conduct in connection with the data” provided in response to the 2001 orders, he said. Wagner further said he “was convinced” that there was “no motive or intent to in any way deceive or withhold any data or information” from the agency.

“The Chief Judge recommends that no action by the Commission is necessary and that these proceedings…on the certified question regarding suspension of witnesses and attorneys be terminated.”

In March, ALJ Carmen A. Cintron certified the question to the full Commission of whether a hearing should be held to determine if Jan Paul Acton of Charles River Associates (CRA), CRA and Enron’s attorneys should be suspended from appearing and practicing before FERC for allegedly withholding information.

Cintron raised the issue after Acton, under cross-examination in a current proceeding, provided testimony that cast doubt on the completeness of the data submitted to the Commission in the 2001 Pacific Northwest proceeding.

In April, FERC referred the matter to Wagner to determine whether the parties engaged in improper behavior that would warrant disqualification (see NGI, April 16).

Enron said Acton was not a witness in the case, but served as a nontestifying economic consultant. As for the attorneys in the Pacific Northwest case, Enron said they included Bracewell & Patterson LLP (now known as Bracewell & Giuliani LLP). The law firm was assisted by Brobeck, Phleger & Harrison, which Enron said no longer exists. And the firm of Gibbs & Brun also worked on a portion of the FERC proceeding, it noted.

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