Subject: new albany - regulatory approvals
louise ,
don mentioned that you were interested in the likelihood of obtaining the necessary regulatory approvals on the sale to duke .
according to andrews & kurth , it is about 99 % likely that we will ultimately receive the necessary hart - scott - rodino approval from the doj / ftc . it is possible , but not likely , that we will receive follow up questions and even a second request but we should be able to answer any such questions to the regulators ' satisfaction . a & k also cautioned that this 99 % figure was a based on a quick analysis .
with respect to the required approval from the ferc , i was sure to speak to sam behrends of leboeuf , lamb , greene and macrae ( he worked on both of the other peaker sales ) prior to finalizing the psa about the likelihood of getting ferc approval . he indicated that he thought it would be a " slam dunk " but i did not ask him to assign a numerical percentage figure to that . i have a second call into him in order to get that number , but have not been able to reach him . i will let you know asap .
please let me know if you need anything further .
stuart