Securities and Exchange Commission
In the Matter of
APPLICATIONS OF ENRON CORP.
Order Granting Petitions for Review, Denying Motion for Leave to Intervene Out of Time, and Scheduling Briefs
Pursuant to Rule 411 of the Rules of Practice,1 the petitions of Enron Corporation, the Public Utility Commission of Oregon, FPL Group, Inc., and Southern California Edison Company for review of the administrative law judge's initial decision 2 are granted.
The National Association of Regulatory Utility Commissioners ("NARUC") has filed a Motion for Leave to Intervene Out-of-Time in Support of the Oregon Public Utility Commission's Petition for Review (the "NARUC Motion"). Pursuant to our Order Scheduling Hearing Pursuant to Section 19 of the Public Utility Holding Company Act of 1935,3 motions to intervene should have been filed no later than October 21, 2002. The Commission received the NARUC Motion on March 24, 2003. The NARUC Motion is untimely, and it is therefore denied.4
Accordingly, it is ORDERED, pursuant to Rule 450(a) of the Rules of Practice,5 that briefs in support of the petitions for review shall be filed by July 21, 2003. A brief in opposition shall be filed by August 20, 2003, and any reply briefs shall be filed by September 3, 2003.6 Pursuant to Rule 180(c) of the Rules of Practice,7 failure to file a brief in support of a petition may result in dismissal of this review proceeding as to that petitioner; and
It is ORDERED that the NARUC Motion be, and it hereby is, denied.
By the Commission.
Jonathan G. Katz
1 17 C.F.R. § 201.411.
2 Enron Corp., Initial Decision Rel. No. 222 (Feb. 6, 2003), 79 SEC Docket 2232.
3 Order Scheduling Hearing Pursuant to Section 19 of the Public Utility Holding Company Act of 1935, Release No. 27574, 67 Fed. Reg. 63464 (October 11, 2002).
4 But see Rule 210(d) of the Rules of Practice, 17 C.F.R. § 210(d).
5 17 C.F.R. § 201.450(a).
6 Pursuant to Rule 450(a), no briefs in addition to those specified in this schedule may befiled without leave of the Commission. Attention is called to Rules 150-153, with respect to form and service, and Rule 450(b) and (c), with respect to content and length limitations. Requests for extensions of time to file briefs are disfavored.
7 17 C.F.R. § 201.180(c).
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