ML020420223
| ML020420223 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/09/2002 |
| From: | Michael Kim State of CA, General Counsel of Resource Agency |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM | |
| Download: ML020420223 (4) | |
Text
BILL LOCKYER x~
i~.
Attorney General of the State of California MORRIS BEATUS Senior Assistant Attorney General MARGARITA PADILLA, State Bar No. 99966 Deputy Attorney General P.O. Box 70550 1515 Clay Street, 20" Floor Oakland, CA 94612-0550 Telephone: (510) 622-2135 Facsimile: (510) 622-2270 STEVEN H. FELDERSTEIN, State Bar No. 059678 PAUL J. PASCUZZI, State Bar No. 148810 FELDERSTEIN FITZGERALD WILLOUGHBY &
PASCUZZI LLP 400 Capitol Mall, Suite 1450 Sacramento, CA 95814 Telephone: (916) 329-7400 Facsimile: (916) 329-7435 Attorneys for the People of the State of California, Ex Rel.
California Department of Toxic Substances Control, Central Coast Regional Water Quality Control Board, Colorado River Basin Regional Water Quality Control Board, State Water Resources Control Board, Lahontan Regional Water Quality Control Board, Central Valley Regional Water Quality Control Board, San Francisco Bay Regional Water Quality Control Board, North Coast Regional Water Quality Control Board, California Department of Fish and Game, California Department of Forestry and Fire Protection, and California Department of Water Resources UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re:
Case No. 01-30923 DM PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a California corporation, DECLARATION OF MARGRET J. KIM IN SUPPORT OF JOINDER OF THE PEOPLE Debtor.
OF THE STATE OF CALIFORNIA EX. REL.
DTSC, ET. AL. TO CPUC OBJECTION TO Federal I.D. No. 94-0742640 DEBTOR'S SECOND MOTION FOR ORDER FURTHER EXTENDING EXCLUSIVITY PERIOD TO PERMIT FILING OF ALTERNATIVE PLAN Date:
Januaiy 16, 2002 Time:
9:30 a.m.
Place:
235 Pine St., 22nd Floor San Francisco, California Declaraotio tn Support of Joinder to Objection to Motion to Further Exteod Exolusivity Period A tV " I-, I, 4 Cý f
!<<,i 1152.100 14 I
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Margret J. Kim, declare as follows:
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I am employed by the State of California in the position of General Counsel of the Resources Agency, a cabinet-level state agency directed by the Secretary of the Resources, who adopts the state's regulations to implement the provisions of the California Environmental Quality Act ("CEQA") (Public Resources Code section 21000 et. seq.), pursuant to the provisions of Public Resources Code section 21084. The Resources Agency is also responsible for the conservation, enhancement, and management of California's natural and cultural resources, including land, water, wildlife, energy, parks, minerals, and historic sites. The Resources Agency has the power of general supervision over, and is directly responsible for, the operations of several departments, boards, conservancies, commissions, and programs including the Coastal Commission, Department of Boating and Waterways, Department of Conservation, Department of Fish and Game, Department of Forestry and Fire Protection, Department of Parks and Recreation, Department of Water Resources, Energy Commission, Native American Heritage Commission, and Wildlife Conservation Board (collectively, the "Resources Agency").
- 2.
I have personal knowledge of the facts stated herein except as to matters stated upon infonmation and belief, andas to those matters, I believe them to be true. If called upon to testify in this matter, I could and would testify competently to the facts set forth herein.
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1 submit this declaration on behalf of the Resources Agency in support of the joinder by the various state agencies listed on the caption of this pleading in the California Public Utilities Commission's Objection to Pacific Gas & Electric's Second Motion for Order Further Extending Exclusivity Period for Filing Plan of Reorganization to Permit the California Public Utilities Commission to File an Alternative Plan of Reorganization.
- 4.
The Resources Agency has had a major role with respect to the environmental issues in the proceedings before the California Public Utilities Commission (the "Commission")
in which PG&E has sought approval to auction its hydroelectric generation assets, application no.
99-09-053, and other related proceedings. The Resources Agency convened and coordinated the work of 15 state and federal agencies with environmental and energy interests in these proceedings over the last two years to ensure that CEQA is fully applied to the Commission's 1152.100 Decloration to Supprt ofloindcr to Objection to Motion to Further Extend Exclusivity Period
JAN-09-02 11:59 AM AGENCY.LEGAL I
discretionary decisions. The Resources Agency also has a supervisory role with respect to many 2
of the agencies which would have to grant approvals in connection with the transfers of 3
ownership of natural gas pipelines and electric transmission lines proposed as part of PG&E's 4
Plan of Reorganization. As I understand it, PG&E seeks approval from this Court to transfer 5
those assets in connection with its Plan of Reorganization relying on preemption by the 6
Bankruptcy Code to claim that state agency review and approval under California law, such as 7
CEQA is not required.
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PG&E has never attempted to negotiate the terms of either its original or 9
amended Plan of Reorganization with me, or, to the best of my knowledge, and upon information 10 and belief, representatives of the Resources Agency or any components thereof Since this case I 1 began, PG&E has not contacted me, or, to the best of my knowledge, and upon information and 12 belief, any other representatives of the Resources Agency or any components thereof, regarding 13 the terms of PG&E's Plan or alternative means of reorganizing PG&E's bankruptcy estate and 14 paying its creditors.
Additionally, I was not nor, to the best of my knowledge, and upon 15 information and belief, was any representative of the Resources Agency or any components 16 thereof, given any meaningful notice of PG&E's Plan prior to it being publicly announced and 17 then filed with the Court.
18 I declare under penalty of perjury under the laws of the tri~ed States and the State of 19 California that the foregoing is true and correct. Executed this cL day of January, 2002, in 20 Sacramento, California.
21 22 223 General Counsel, Resources Agency 24 25 26 27 28 Ditclitniion in SuppOr of Joindff to Obj0=tio 152,100 to Motion to Futthwr Stwtd k*tluiovity Fronod 9166538123 P.
02
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joinder to Objection to Motion to Further Extend Exclusivity Period 1152.100 BILL LOCKYER Attorney General of the State of California MORRIS BEATUS Senior Assistant Attorney General MARGARITA PADILLA, State Bar No. 99966 Deputy Attorney General P.O. Box 70550 1515 Clay Street, 20th Floor Oakland, CA 94612-0550 Telephone: (510) 622-2135 Facsimile: (510) 622-2270 STEVEN H. FELDERSTEIN, State Bar No. 059678 PAUL J. PASCUZZI, State Bar No. 148810 FELDERSTEIN FITZGERALD WILLOUGHBY &
PASCUZZI LLP 400 Capitol Mall, Suite 1450 Sacramento, CA 95814 Telephone: (916) 329-7400 Facsimile: (916) 329-7435 Attorneys for the People of the State of California, Ex Rel.
California Department of Toxic Substances Control, Central Coast Regional Water Quality Control Board, Colorado River Basin Regional Water Quality Control Board. State Water Resources Control Board, Lahontan Regional Water Quality Control Board, Central Valley Regional Water Quality Control Board, San Francisco Bay Regional Water Quality Control Board, North Coast Regional Water Quality Control Board, California Department of Fish and Game, California Department of Forestry and Fire Protection, and California Department of Water Resources UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re:
Case No. 01-30923 DM PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a California corporation, JOINDER OF THE PEOPLE OF THE STATE OF CALIFORNIA FX. REL. DTSC, ET. AL.
Debtor.
TO CALIFORNIA PUBLIC UTILITIES COMMISSION OBJECTION TO DEBTOR'S Federal I.D. No. 94-0742640 SECOND MOTION FOR ORDER FURTHER EXTENDING EXCLUSIVITY PERIOD TO PERMIT FILING OF ALTERNATIVE PLAN Date:
January 16, 2002 Time:
9:30 a.m.
Place:
235 Pine St., 22nd Floor San Francisco, California 1
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The People of the State of California, ex. rel. California Department of Toxic Substances Control, Central Coast Regional Water Quality Control Board, Colorado River Basin Regional Water Quality Control Board, State Water Resources Control Board, Lahontan Regional Water Quality Control Board, Central Valley Regional Water Quality Control Board, San Francisco Bay Regional Water Quality Control Board, North Coast Regional Water Quality Control Board, California Department of Fish and Game, California Department of Forestry and Fire Protection, and California Department of Water Resources (collectively, the "State"), hereby file this joinder to the California Public Utilities Commission's (the "Commission") objection to Pacific Gas &
Electric Company's second motion for order further extending exclusivity period for filing plan of reorganization ("PG&E Motion") to permit the Commission to file an alternative plan of reorganization ("Commission Objection") as follows.'
The State hereby joins in the Commission's objection to PG&E's Motion. For the reasons set forth in the Commission Objection, the State contends that PG&E has not established cause as is required under section 1121(d) of the Bankruptcy Code for a further extension of the exclusivity period. As is the case with the Commission, PG&E has not even attempted to negotiate with the Resources Agency regarding its plan of reorganization during the nine months it has enjoyed exclusivity. See, Declaration of Margret Kim, General Counsel of the Resources Agency, in support of this joinder. Because they have filed claims and have regulatory authority over PG&E and its property, permits and licenses, inter alia, the various state agencies listed above are important parties in interest in this case. See, Request for Judicial Notice filed in support of Objection of the People of the State of California, ex. rel., DTSC, et al., to Approval of Disclosure Statement Because Plan of Reorganization is Facially Invalid Based on Sovereign Immunity and Impermissible Preemption, Exhibits 4-58.
Instead of negotiating, PG&E has decided to pursue a course for reorganization that requires extraordinary relief from this Court with the goal of escaping state regulation. PG&E's proposed plan is not confirmable as a matter 1 By filing this joinder, the State is making a special and limited appearance. The State does not waive its immunity under the Eleventh Amendment and expressly reserves all rights to assert its sovereign immunity in defense to all relief sought in this and any other proceeding.
Joinder to Objection to Motion to 1152.150 0l Further Extend Exclusivity Period
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9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of law for the reasons set forth in the Objection of the People of the State of California ex.rel.,
DTSC, et. al. to Approval of Disclosure Statement Because Plan of Reorganization is Facially Invalid Based on Sovereign Immunity and Impermissible Preemption filed January 8, 2002.
For the reasons set forth in the Commission's Objection, PG&E should not be allowed to use exclusivity as a tactical device to prevent the creditors and parties in interest from knowing that there are alternatives that would pay them in full without the risks associated with PG&E's proposed plan, PG&E's motion should be denied to the extent necessary to permit the Commission to file an alternative plan and solicit acceptances thereto. The State agencies listed above welcome the opportunity to evaluate an alternative plan.
Dated: January
_,2002 Respectfully submitted, BILL LOCKYER Attorney General of the State of California MORRIS BEATUS Senior Assistant Attorney General MARGARITA PADILLA Deputy Attorney General By:
kJill STEVEN H. FEIýDERSTEIN PAUL J. PASCOZZI FELDERSTEIN FITZGERALD WILLOUGHBY
& PASCUZZI LLP Attorneys for the People of the State of California, ex rel.
California Department of Toxic Substances Control, Central Coast Regional Water Quality Control Board, Colorado River Basin Regional Water Quality Control Board, State Water Resources Control Board, Lahontan Regional Water Quality Control Board, Central Valley Regional Water Quality Control Board, San Francisco Bay Regional Water Quality Control Board, North Coast Regional Water Quality Control Board, California Department of Fish and Game, California Department of Forestry and Fire Protection, and California Dipartment of Water Resources Joinder to Objection to Motion to I 52.100 Further Extend Ex.luslvty Period