Free Status Report - District Court of Federal Claims - federal

Case 1:07-cv-00184-LAS

Document 56-3

Filed 07/25/2008

Page 1 of 3

Exhibit B

Case 1:07-cv-00184-LAS

Document 56-3

Filed 07/25/2008

Page 2 of 3

TUTORIAL PRESENTATION Purpose · To provide Court with background information regarding the restructuring of the California wholesale energy markets, including AB 1890; nature of the PX and ISO markets, including relevant Tariff provisions; operation of the markets, including auction market and out-of-market transactions; the roles of market participants; economics of market transactions; and the 2000-2001 Western Energy Crisis.

Nature of proceeding · · · · · A tutorial presentation, not a fact-finding proceeding; Court would not enter findings of fact or conclusions of law based on the presentations. No waiver of any privilege based on witness presentations. Proceedings to be kept confidential, limited to parties and counsel in this case. Presentations do not constitute prior statements and would not be usable for purposes of cross-examination or impeachment in subsequent proceedings. Plaintiffs do not believe a transcript is necessary, but if the Court wants a transcript it would be designated as confidential and available only to parties and counsel in this case.

Procedures · Panel format, with each side's panel to give a narrative presentation (including the use of PowerPoints or other demonstratives), each presentation to be followed by Q&A by the Court. Each side's panel may also give a rebuttal statement. No formal direct examination, cross examination or objections; not subject to rules of evidence. Each side limited to no more than 3 panel members; each side to identify its panel members to Court and the other side one week prior to the proceeding, together with a brief description of the subject matter that each participant will address. Each side's presentation to be limited to 3 hours, not inclusive of Q&A.

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Scheduling · Dates: Week of September 29 1

Case 1:07-cv-00184-LAS

Document 56-3

Filed 07/25/2008

Page 3 of 3

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Length of proceeding: No more than 2 days Location: Plaintiffs propose San Francisco

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