As you are aware, the legal group has been considering EPMI's options given  TVA's failure during the summer of 99 to treat Enron's control areas in a  manner similiar to other control areas.
One option we have considered is the possibility of claiming monetary  damages against TVA  for TVA's breach of NERC policies.
In order to make  such a statement, we would, in essence, be required to assert that the NERC  policies are a "contract" which all NERC members are obligated to abide by  and for which the failure to do so could result in monetary damages.
One  concern with this strategy is whether EPMI and/or its affiliates could  possibly be damaged in other, unrelated  proceedings if it was determined  that NERC policies were indeed "contractual obligations" (e.g., a third party  claims monetary damages against EPMI for an alleged violation of NERC  "contractual policies").
It would be very helpful if you would consider this issue and get back to me  with any thoughts or comments you have.
Thanks for your help.

TVA Control Areas - NERC Policies
