“The evidence I now present has never [my emphasis] before been analyzed by the Commission or FERC Trial Staff’s witnesses. The recordings demonstrate an extremely callous abuse of consumers, large pattern of misconduct, and reckless disregard of government authority by Enron…” (my emphasis again)
… and he’s right. This is good stuff – straight from the horse’s mouth: the Enron traders and managers themselves. Raw evidence of the most valuable and indesputable sort.
Another question I have to ask… why was it left to a small public utility district in the state of Washington to expose this material to the light of day? Where was the State of California? Where was the Justice Department (who served the original warrants for these tapes along with the FBI)?
The Snohomish P.U.D. has $120 million+ at stake in this battle, a large sum to their ratepayers, but pennies in comparison to California’s exposure — why didn’t the state ask the same question that Snohomish did – “where are the tapes”?
From the supplemental testimony asking leave to file these documents, it also appears that there was substantial resistance to their release from the Department of Justice, which claimed a desire to preserve the ability to use these materials in criminal prosecutions – a reasonable position… until you consider that these tapes sat in a warehouse At Aspen Systems Corporation for an extended period (at least a year or two), inaccessible to anyone and presumably likely to stay that way indefinitely. Why?
Again, even in an era of limited budgets, one has to ask why these tapes didn’t surface earlier? Why was the DOJ dependent on a tiny little public utility to put up the cash to get these tapes into a useable format? What else is out there?!?