ORIGINAL
 

UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRADE COMMISSION
 

In the Matter of CASE NO. 9327 

Polypore International, Inc. 

a corporation. PUBLIC DOCUMENT 

THIRD PARTY ENTEK INTERNATIONAL LLC'S 

SUPPLEMENTAL MOTION FOR IN CAMERA TREATMENT OF DOCUMENTS 

PREVIOUSLY DESIGNATED AS CONFIDENTIAL
 

PURSUANT TO 16 C.F.R §3.45(b)
 

Pursuant to 16 C.F.R. §3.45(b), third pary ENTEK International LLC 

("ENTEK") moves for an Order directing in camera treatment of documents recently identified 

by Respondent Polypore as trial exhibits, and not included in ENTEK's prior unopposed motion 

for in camera treatment of documents previously designated as confidential pursuant to 16 

C.F.R. § 3.45(b). The pages and documents at issue in this motion are listed and filed under seal 

in Supplemental Appendix B. 

In support of this motion, ENTEK refers the Cour to, and incorporates herein, the 

contemporaneously-filed memorandum, and the Declaration of Dan Weerts. 
Dated: May 5, 2009 Respectfully submitted, 

BY~~~~#S
 

Darius Ogloza '.. /
 

LATHAM & WATKINS LLP 

505 Montgomery Street, Suite 2000 

San Francisco, California 94111-6538 

Telephone: + 1.415.391.0600 

Facsimile: + 1.415.395.8095 

hanno .kaiser(flw.com
 

darius.ogloza(flw.com 

Attorneys for ENTEK International LLe 

2
 
UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRAE COMMISSION
 

In the Matter of CASE NO. 9327 

Polypore International, Inc. 

a corporation. PUBLIC DOCUMENT 

THIRD PARTY ENTEK INTERNATIONAL LLC'S MEMORANDUM 

IN SUPPORT OF SUPPLEMENTAL MOTION FOR IN CAMERA TREATMENT OF 

DOCUMENTS PREVIOUSLY DESIGNATED AS
 

CONFIDENTIAL PURSUANT TO 16 C.F.R § 3.45(b)
 

Third pary ENTEK International LLC ("ENTEK") files this supplemental motion 

for in camera treatment of documents previously designated as confidential pursuant to 16 

C.F.R. § 3.45(b). This memorandum incorporates by reference ENTEK's Memorandum in 

Support of Motion for In Camera Treatment of Documents Previously Designated as 

Confidential Pursuant to 16 C.F.R. § 3.45(b) originally fied in this proceeding on April 
 9, 2009 

(the "Original Memorandum"). This Supplemental Motion is necessar because Respondent 

Polypore International, Inc. ("Polypore") recently clarified its intent to use additional documents 

that were not addressed in ENTEK's Original Memorandum. These newly identified documents, 

which are contained in Polypore's proposed trial Exhibit RXOl14, are deserving of the same 

protections as those identified in ENTEK's Original Memorandum. 

ENTEK submits herewith, as a couresy to the ALJ and the Commission, a 

Supplemental Declaration of Dan W eerts~ including a Supplemental Appendix B that lists all of 
the newly identified documents for Polypore's proposed trial Exhibit RXOl14. The information 

contained in the documents at issue fall into the following six categories: (1) customer contracts; 

(2) confidential communications with customers and/or confdential customer information; (3) 

ENTEK's price lists, individual customer pricing and cost; (4) ENTEK's sales and/or capacity 

data; (5) ENTEK's product information and/or testing results; and (6) ENTEK's global business 

plans and strategy. Supplemental Appendix B includes a field assigning one or more of the 

above categories for the sensitive information found in each document from Exhibit RXO 114, 

and indicates the precise page or pages within the exhibit that contain the sensitive information. 

The Supplemental Declaration of Dan Weerts, attached hereto, provides testimony in support of 

protecting each of the six categories of information. 

The Proposed Order, fied concurently with this Supplemental Motion, lists all of 

the documents and information for which in camera treatment was sought in ENTEK's Original 

Memorandum, and now also includes the newly identified documents contained within 

Polypore's proposed trial Exhibit RXOl14. 

CONCLUSION 

For the forgoing reasons, ENTEK respectfully requests that the Cour enter an 

order providing for in camera treatment of the confidential information contained in proposed 

Exhibit RXO 114 and described in Supplemental Appendix B hereto. 

2
 
Dated: May 5, 2009 Respectfully submitted, 

By~~Jk5 Darius Ogloza I 

By /

~ 

LATHAM & WATKINS LLP 

505 Montgomery Street, Suite 2000 

San Francisco, California 94111-6538 

Telephone: +1.415.391.0600 

Facsimile: + 1.415.395.8095 

hano.kaiser(flw.com 

darius. ogloza(flw. com 

Attorneys for ENTEK International LLC 

3 
UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRADE COMMSSION
 

In the Matter of CASE NO. 9327 

Polypore International, Inc. 

a corporation. 

PUBLIC DOCUMENT 

PROPOSED ORDER 

Upon consideration ofENTEK International LLC's Motion for In Camera 

Treatment of 
 Documents Previously Designated as Confidential Pursuant to 16 C.F.R. § 3.45(b), 

and the Cour being fully informed, it is this _ day of May, 2009, hereby 

ORDERED, that the Motion is GRANTED; and it is fuer 

ORDERED, that the following documents and information therein shall be 

accorded in camera treatment for the periods of time indicated below. 

Proposed 

Exhibit No. Document Number(s) Period of time in camera 

treatment 2ranted 

RX00332 

PX0900 

ENTEK_000001- ENTEK_000006 

FlC-ENTK_OO 1 003-00 1 009 

1 year 

RX0113 

ENTEK_000007-ENTEK_000079 5 years 

RX00333 ENTEK_000197- ENTEK_000208 3 years 

RXO 114 ENTEK 000197-ENTEK 000208 3 years 

RX0114 ENTEK 000218-ENTEK 000271 3 years RX0114 ENTEK 000272-ENTEK 000277 1 year 

RX0114 ENTEK 000278 5 years 

RX0114 ENTEK 000597-ENTEK 000598 3 years 

RXO 114 ENTEK 000901-ENTEK 000903 3 years 

RXO 114 ENTEK 000924-ENTEK 000925 3 years 
Proposed. 

Exhibit No. Document Number(s) 

RX00334 ENTEK_000218 -ENTEK_000271 

RX0117 FlC-ENTK_000551-000562 

RX00335 ENTEK_000272- ENTEK_000277 

RX00146 ENTEK_000279- ENTEK_000285 

RX00336 

RX00337 ENTEK_000290-ENTEK_000291 

RX00339 ENTEK_000413-ENTEK_000429 

RX00340 ENTEK_000431- ENTEK_000438 

RX00341 ENTEK_000439- ENTEK_000442 

ENTEK_000515-ENTEK_000534 

RX00152 ENTEK_000849- ENTEK_000853 

RX00343 

RX00342 ENTEK_000904- ENTEK_001077 

RX00351 ENTEK_01302- ENTEK_01303 

RX00353 ENTEK 001492- ENTEK_001492 

RX00356 ENTEK_01656- ENTEK_01704 

RXOO 136 ENTEK_003567- ENTEK_003567 

PX1814 

RX00123 ENTEK_003673- ENTEK_003682 

RX00345 

PX1813 ENTEK_005152 

RX01522 ENTEK_005335- ENTEK_005336 

RX01523 ENTEK_005338- ENTEK_005342 

RX00141 ENTEK_006814- ENTEK_006824 

RX00148 ENTEK_006827 - ENTEK_006840 

RX00346 

PX1809 ENTEK_006868- ENTEK_006871 

PX1815 ENTEK_007039- ENTEK_007040 

RXOO 130 ENTEK_007164- ENTEK_007165 

PX1804 

PX1801 ENTEK_007173 

RX00129 ENTEK_007234- ENTEK_007237 

2 

Period of time in camera 

treatment szranted
 

3 years 

1 year 

3 years 

1 year 

3 years 

3 years 

1 year 

3 years 

3 years 

3 years 

1 year 

3 years 

1 year 

1 year 

3 years 

3 years 

1 year 

3 years 

1 year . 

1 year 

3 years 

3 years 

3 years 

3 years 

3 years 
Proposed 

Exhibit No. 

RX00128 

Document Number(s) 

ENTEK_007410- ENTEK_007432 

PX1818 ENTEK_008345- ENTEK_008348 

RX00142 

RX00348 

RX00125 

ENTEK_008450 

ENTEIC008474- ENTEK_008481 

RXOO139 

RXOO349 

PX1824 

RX00140 

ENTEK_009014- ENTEK_009019 

ENTEK_009111- ENTEK_009112 

RXOO131 

RX00350 

RX00124 

ENTEK_009787 -ENTEK_00980 1 

ENTEK_011818- ENTEK_011824 

PX1803 ENTEK_012596- ENTEK_012597 

RX00147 

RX01513 

PX1825 

RX00143 

RX00352 

RX00138 

ENTEK_013029- ENTEK_013030 

ENTEK_013080- ENTEK_013083 

ENTEK_014926- ENTEK_014928 

RXOO134 

PX1811 

RX00150 

RX00354 

PX1816 

ENTEK_015016- ENTEK_01501 7 

ENTEK_015059 

ENTEK_015130- ENTEK_015132 

RXOO135 ENTEK_015176- ENTEK_015179 

RX00127 ENTEK _015206- ENTEK _015210 

PX1821 ENTEK_015454- ENTEK_015456 

RXOO132 ENTEK_O 15495- ENTEK_O 15497 

RX00355 ENTEK_015569- ENTEK_015606 

RX00259 

PX1832 

RX00260 

ENTEK_015607- ENTEK_015644 

ENTEK_015645- ENTEK_015660 

RX00261 ENTEK_015661- ENTEK_015678 

RX00120 

RX00121 

RX00122 

RX00262 

ENTEK_015679- ENTEK_015742 

3 

Period of time in camera 

treatment szranted
 

3 years 

3 years 

3 years 

1 year 

3 years 

1 year 

3 years 

1 year 

3 years 

3 years 

3 years 

3 years 

3 years 

3 years 

3 years 

1 year 

1 year 

3 years 

3 years 

1 year 

1 year 

3 years 

1 year 

5 years 
Proposed 

Exhibit No. Document Number(s) Period of time in camera 

treatment szranted 

PX1800 ENTEK_015784 1 year 

RXOO118 ENTEK_016581- ENTEK_016588 3 years 

RXOO119 ENTEK_016704-ENTEK_016711 3 years 

RX00116 ENTEK_017005- ENTEK_01 7010 5 years 

RXOO115 ENTEK_017522- ENTEK_017534 1 year 

RX00126 ENTEK_018606- ENTEK_018620 3 years 

PX1817 ENTEK_020967 - ENTEK_020968 3 years 

PX1802 ENTEK_021638 1 year 

PX1823 ENTEK_022545- ENTEK_022546 1 year 

PX1820 ENTEK_022583- ENTEK_022586 3 years 

RX01514 ENTEK_024043- ENTEK_024052 5 years . 

RX00358 

RXOO112 

ENTEK_024053- ENTEK_024058 

FlC-ENTK -000993-000998 1 year 

PX1830 ENTEK_024059- ENTEK_024074 3 years 

PX1828 ENTEK_024075 3 years 

PX1831 ENTEK_024078- ENTEK_024079 3 years 

PX1826 ENTEK_024081- ENTEK_024084 3 years 

PX2109 ENTEK_024085-ENTEK_024086 1 year 

The Honorable D. Michael Chappell 

Chief Administrative Law Judge 

4
 
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FROM LATHA & WATKINS LLP Fax Mach i ne #2 (TUE) 5. 5' 09 11: l1/ST, 11 : 1 a/NO. 4861909977 P 2 

UNTED STATE OF AMlUCA
 

BEFORE THE FEDERAL TRDE COMMISSION
 

ID the Matter of CASE NO. 9327
 

Polypo..e IDtermitionat, Inc.
 

a corporation.
 PlJLIC VERSION
 

DECLARATION OF DAN WEERTS IN SUPPORT OF ENTEKINTERNATIONAL 

LLC'S SUPPLEMENTAL MOTION FOR IN CAERA TRETMENT OF 

DOCUMNTS PREVIOUSLY DESIGNATED AS CONFIDENTIA 

PüRSUANT TO 16 C.F.R § 3.4S(b) 

I, Dan Weert, under penalty ofperjui~ declare that th following is tre and
 

correct to the best afmy knowledge; 

1. T am Vice President of Sales & Marketig at EN'rEK InternatonaJ LLC
 

("ENK"). (h~we personal knowledge of the matters sta her-eIn and, if called upon, I could 

and woUld compet;:ntly testify thereto. 

2. . r have reviewed Supplementa Appendi B to ENTEK's motion for in
 

camera treatment, including all of 
 the docuents identified on tht list. Tn my judgment, as an
 

offcer or ENTEK entr5ted with overeing sales and marketig actIvIties on behal of the 

company, al of 
 the: documents identÏfed on Supplementa Appendix B contan confidential 

busness infonnation ofENTEK that, in my view. would result in the lîkely loss of 


bus mess 

ad..antages to ENIEK if 
 the. conte~ were to be disclosed to Polypore and other paricípimts in 

the baLtery separator market In fact, I 1irnly believe that diScIos1.e to POlypore (and tle public) 
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öfthc information contaned in the documents identified on Supplement.al Appendix B would 

result in an egregious, and devasting, injur to ENTEK's abilty to compete. I also bclie\'e tht 

the documents identifed On Supplementa Appendix B are materal to ENl'fEK's busliess in the 

sense that these constute COre company infonnation and/or importt business reords.
 

3. ENTEK sought legal advice and incured substantial coati in the rage of 

severa) tens ofthousimds of dollars, to protect the confdentialty of 
 the documents it prouoed 1'0 

connection with tJie above litigation. 

4. For ease of 
 reference, we have categorized the information identifed in 

Supplem~nlai Appendix B into sb~ subject matter categories. Each category is dicusd
 

separately below.
 

5. Documents in Category 1 pern to customer contracts. 1ñe information
 

contaned in these documents has not, to uiy knowledge, been disclose to any membe of 
 the 

public aside from ~he paries themselves. The term of such contts are kept strçtly
 

confdenti by ENTEK, and the contracts ore not widely distbuted wíth the company. 

Detals are dîsclos-:d only to a select group ofENTEK employees, including seor management. 

Sales employees rospo.nsible lòr a paricular CUtomcr rclationslup may bl! givl;n access to cert
 

portions of 
 the rel€vant contrac. Thi informtion is materal to ENTEK's business and its
 

disclosure to Polypo:r, customers, competitors, and the public would cae serious competitive 

injury to ENTEK. ENTEK ha spent substati rcsOU1ces on securing and mantanig its 

, 

conLnictu. rclatioriships with its customers. If the inormaion were disclosed to the public, 

ENTEK would suffer imm.edia.te hz as customers would use their knowledge atlOut revealed 

customer contract terms as barga;nig leverage vis-à-vis ENTEK and competitors would gain an 

unfai ad\'€'mtage a.~: they could approach ENKts customers ared with the knowledge of the 

exact tenns of ENTEK's c(.)ntracts. 

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6. Documento; in Category 2 contain confdential communications with
 

custOmers and/or confidential customer information. This informtion relates to customer 

relationsips and sttegy relating to keeping and/or securg additional business from ENTEK 

customers. 'Ibis information is not disclosed to th public in ENrnK's regular course of 

businesis. The details w,out customer relationships are kept strctly confidetial and are not
 

widely distrbuted. withn the company. Details are disclosed oiüy to a select grup ofENTEK 

employees, including senior managemenl, and when necessar the sales employees respon:;ible 

for that parcular customer rc1a¡ionship. Ths innnation is material to ENTEK's business and 

its disclosure to Polypre and the public would cause senous competitive injur to ENTEK. 

ENTEK has spent substtial resurce oc securng and maintaining its contrtual relationships 

with its customers and these communcatiOns contan matenal terms rermig those relationships. 

7. Documents in Category 3 conta informaton about ENTEK's price lists,
 

individual customer pricing and cost. The detals about ENTEK's product costs and priCC ar 

kept strctly C"onfiGlerttial and are not widely distbuted with the company. Detls are 

disclosed only to a select group ofENTEK employees, including senior management and, when 

necessary. the sale~ omployees strctly in the C()11:tCXt. of a paricular C~lomer relationshíp. Ths 

information is plai::ily material to ENTEK's business and dirctly impacts ENTEK's competitive 

position. If the infol'mation were disclosed to the public, competitors would gain an unfair 

advantage as they i;ould approach ENEK's customers ared with the knowledge of 


the exact 

contrct (i:rns. Sinularly, ENTEK's compettiveness would be signcantly impaired as 

ENTEK's suppliem would be able to use the exac downtream pricing inform~tion AS leverage 

in negotjatg supply contrtsi which would put ENTEK at an wijustfied disadvantage vis-à-vis 

its competitors. Diióclosure of such inormation to POlyPore and the public would cause serious 

competitive înjur to ENTEK. 

3 
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8. Documents in Category 4 contai information about the ENTK's salt::i
 

and/or capacity. 'Ibis information is not disclosed to the publiç. It is highy confidenal and not 

widely distrbuted within the company. Capacity details are disclosed only to a select group of 

ENTEK employees, including senior maagement and others sirctJy on a need-to-kn basis. 

Sales detals are even more closely guded and disclosed only to senior management. This 

inonnation is material to ENTEKls bus 
 mess and directly impacts ENTEK's competitive 

position. Its disclos~e to PalypQTe and the public would cause serious competitive injur to
 

ENTEK. 

9. Documents in Category 5 contain proprieta informtion about ENK
 

products and testing thereof This inormation is highly confdential and kept secre in the 

regular course of ENTöJ('s business; it is cerinly not disclosed to the public. Detals are 

disclosed only to a selec.t b'Tl.P ofENEK employees, including senor managemen and 

ENTEK engieers and/or manufacturg team members responsible tòr product development. 

ENTEK ha spent milions of dollar on rcs~arch and development COSts. Thi:s intòrmation is 

niaieral to ENTEK's business and diectly impacts ENlEK's competive position. Its 

diSclosure to Polypore and the public would cause serioul: competitive injury to ENTEK. 

10. Docwnents in Categoiy 6 contain detailed inormation about ENTEK's 

glQbal business pi~.I and strategy. 'Is informtion is highly confdential and kept secret in the 

regular cour~ of ENTK's business; it is not disclosed to the public. Derails a(e disclosed only 

1u a select group of ENTK employees, includig senior management Ths iirmatiori is 

material to ENTEK's buiness and dirctly impacts ENTK'$i competitive posítion. ENTEK ha 

dedicated significarit time and money to developing superior product lies and a wig 

business ~trtegy which streamines production and capitaizes Qn its strengts. Its disclosure to 

Polypore and the public wl,)uld cause serious compettive injur to ENTK. 

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11. ENTK requires all otits employees to sign a nondisclosure agreement 

covering all of 
 the kinds of documents described in the: pargrphs .iediately above. Among 

other things, thcs~ agreements are meant to prevent the distbuton ofENTEK's confdential 

infomuitioii, 

12 The informaton identifed in Supplemental Appendix D includes some of 

ENTEK's most valuable business secrets. Disclosure of this confdential inormtion would 

result in iJ1eparblc harm to ENTK. I person.ly reviewed all inormation included in 

Supplementn Appendjx B and determined the level of 
 risk ofínjur disclosue of such materals 

would have on ENTEK. Based upon my analysis of 
 these confidential materials.! have 

indicated the minimal peod of 
 tie for which. 
 in my judgment, these doci.eiits should be
 

provided in camera treatment. 

I di=lore, under the penalty 0 f' perjury under the laws of the United States that the 

foregoing is tre and correct. Signed this 5th day of 
 May 2009, in Lá Vegas, Nevada. 

BY~~~ 

Dan Weens 

ENTEK rntemtíonal LLC 

250 N. Haard Avenue 

Lebanon, Orgon 97355 

5
 
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FROM LATHA & WATKINS LLP Fax Machi ne #2 ~ 

(rUE) 5. 5' 09 11: 12/8T. 11: 1 a/NO, 4861909977 P 7 

SUPPLEMENTAL APPENDIX B 

TN CAMERA 

fFED UNDER SEALJ
 

Sl'70J4a J , I 
UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRADE COMMISSION
 

In the Matter of CASE NO. 9327 

Polypore International, Inc. 

a corporation. PUBLIC DOCUMENT 

CERTIFICATE OF SERVICE 
CERTIFICATE OF SERVICE 

I am employed in the County of San Francisco, State of California. I am over the 

age of 18 years and not a party to this action. My business address is Latham & Watkins LLP, 

505 Montgomery Street, Suite 2000, San Francisco, CA 94111-6538. 

On May 5, 2009, I served the following documents described as: 

· THIRD PARTY ENTEK INTERNATIONAL LLC'S MEMORANDUM IN 

SUPPORT OF SUPPLEMENTAL MOTION FOR IN CAMERA 

TREATMENT OF DOCUMENTS PREVIOUSLY DESIGNATED AS 

CONFIDENTIAL PURSUANT TO 16 C.F.R § 3.45(b) 

· DECLARATION OF DAN WEERTS IN SUPPORT OF ENTEK
 

INTERNATIONAL LLC'S SUPPLEMENTAL MOTION FOR IN CAMERA 

TREATMENT OF DOCUMENTS PREVIOUSL Y DESIGNATED AS 

CONFIDENTIAL PURSUANT TO 16 C,F.R. § 3.45(b) (PUBLIC 

VERSION) 

· DECLARATION OF DAN WEERTS IN SUPPORT OF ENTEK
 

INTERNATIONAL LLC'S SUPPLEMENTAL MOTION FOR IN CAMERA 

TREATMENT OF DOCUMENTS PREVIOUSLY DESIGNATED AS 

CONFIDENTIAL PURSUANT TO 16 C.F,R. § 3.45(b) (IN CAMERA 

VERSION - ELECTRONIC COPY NOT DELIVERED VI EMAILj 

· THIRD PARTY ENTEK INTERNATIONAL LLC'S SUPPLEMENTAL
 

MOTION FOR IN CAMERA TREATMENT OF DOCUMENTS 

PREVIOUSL Y DESIGNATED AS CONFIDENTIAL PURSUANT TO 16 

C.F,R. § 3.45(b) 

· PROPOSED ORDER
 

by serving a true copy of the above-described documents in the following manner: 

BY ELECTRONIC MAIL 

The above-described document was transmitted via electronic mail to the following part 

on May 5, 2009: 

Donald S, Clark, Secretary The Honorable D, Michael Chappell 

Offce of the Secretary Administrative Law Judge 

Federal Trade Commission Federal Trade Commission 

secretary(fftc. gov oalj(fftc,gov 

Robert Robertson, Esq, 1. Steven Dahm, Esq, 

Federal Trade Commission Federal Trade Commission 

rrobertson(fftc,gov sdahm(fftc,gov 

Wiliam L. Rikard, Jr. Eric D, Welsh 

Parker Poe Adams & Bernstein LLP Parker Poe Adams & Bernstein LLP 

wil liamrikard(fparkerpoe.com ericwelsh(fparkerpoe,com 

The part on whom this electronic mail has been served has agreed in writing to such 

form of service pursuant to agreement. 

2 
BY OVERNIGHT MAIL DELIVERY 

I am familiar with the office practice of Latham & Watkins LLP for collecting and 

processing documents for overnight mail delivery by Express Mail or other express service carrier, Under 

that practice, documents are deposited with the Latham & Watkins LLP personnel responsible for 

depositing documents in a post office, mailbox, subpost office, substation, mail chute, or other like 

facility regularly maintained for receipt of overnight mail by Express Mail or other express service 

carrier; such documents are delivered for overnight mail delivery by Express Mail or other express 

service carrier on that same day in the ordinary course of 
 business, with delivery fees thereon fully 

prepaid and/or provided for. I deposited in Latham & Watkins LLP' interoffice mail a sealed envelope or 

package containing the above-described document and addressed as set forth below in accordance with 

the office practice of 
 Latham & Watkins LLP for collecting and processing documents for overnight mail 

delivery by Express Mail or other express service carrier: 

Donald S. Clark, Secretary The Honorable D. Michael Chappell 

Office of the Secretary Administrative Law Judge 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW, Rm. H-135 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

(Original + 2 copies) (2 copies) 

Robert Robertson, Esq. J. Steven Dah, Esq. 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

(1 copy) (1 copy) 

Wiliam L. Rikard, Jr. Eric D, Welsh 

Parker Poe Adams & Bernstein LLP Parker Poe Adams & Bernstein LLP 

Three Wachovia Center Three Wachovia Center 

401 South Tyson St., Suite 3000 401 South Tyson St., Suite 3000 

Charlotte, NC 28202 Charlotte, NC 28202 

(1 copy) (1 copy) 

3