Footnote 35 of Snohomish’s motion to file supplemental testimony (i.e., the transcripts of The Enron Tapes):
“The audio recordings also refute positions taken by FERC Trial Staff that are, alarmingly, aligned with Enron.”
The also here is a reference to the fact that the tapes emphatically refute contentions by Enron’s “expert witness” that Enron “engaged in little to no gaming practices, caused little to no economic harm, and earned little to no unjust profits”.
The footnote above follows that paragraph.
Not knowing the particulars of the case, I can’t comment on what positions Snohomish’s counsel is referring to – but it is worth asking the question: “Why would FERC’s lawyers be on Enron’s side?”