All signals late Friday indicated that former Enron Chairman and CEO Kenneth L. Lay will testify when he comes before a subcommittee of the Senate Commerce Committee this week, said a spokesman for the full committee.

Sen. Byron Dorgan (D-ND) said he was encouraged that neither Lay nor his attorneys had contacted the panel yet to say he intended to assert his Fifth Amendment right against self-incrimination at the hearing on Tuesday, spokesman Nu Wexler told NGI.

But Lay has until late Monday to inform the Senate panel of his intention. A Lay spokeswoman has said the former Enron executive was still reviewing his options, Wexler noted on Friday.

After backing out of two scheduled congressional appearances last week, Lay was subpoenaed to appear before the Senate Commerce Committee panel on Tuesday, and the House Financial Services Committee on Thursday. Lay abruptly canceled his congressional appearances last week after Dorgan and Rep. W.J. “Billy” Tauzin (R-LA) made what Lay’s attorney said were “inflammatory” remarks that suggested the tone of the hearings would be “prosecutorial.”

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