ML022260997

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Declaration of Charles R. Middlekauff in Support of Motion of Pacific Gas and Electric Company for an Order Authorizing Assumption of Power Purchase Agreements and Compromise of Claims with Sierra Pacific Industries
ML022260997
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 08/05/2002
From: Middlekauff C
Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Pacific Gas & Electric Co
To:
Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM, 94-0742640
Download: ML022260997 (4)


Text

1 JEFFREY L. SCHAFFER (No. 91404)

WILLIAM J. LAFFERTY (No. 120814) 2 KIMBERLY A. BLISS (No. 207857)

HOWARD, RICE, NEMEROVSKI, CANADY, 3 FALK & RABKIN A Professional Corporation 4 Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 5 Telephone: 415/434-1600 Facsimile: 415/217-5910 6

Attorneys for Debtor and Debtor in Possession 7 PACIFIC GAS and ELECTRIC COMPANY 8

UNITED STATES BANKRUPTCY COURT 9

NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 In re Case No. 01-30923 DM.

12 Chapter 11 Case PACIFIC GAS and ELECTRIC 13 COMPANY, a California corporation, DECLARATION OF CHARLES R.

f RKI 14 Debtor. MIDDLEKAUFF IN SUPPORT OF ELK MOTION OF PACIFIC GAS AND

. .,o..15 ELECTRIC COMPANY FOR AN ORDER AUTHORIZING ASSUMPTION OF POWER PURCHASE 16 AGREEMENTS AND COMPROMISE OF CLAIMS WITH SIERRA PACIFIC 17 INDUSTRIES 18 Date: September 12, 2002 Time: 1:30 p.m.

19 Place: 235 Pine Street, 22nd Floor Federal I.D. No. 94-0742640 San Francisco, California 20 Judge: Hon. Dennis Montali 21 22 23 24 25 26 ij £.,: ,- ,

'C, 27 28 WITH SPI MIDDLEKAUF DECL. ISO MOTION FOR ORDER AUTH. COMPROMISE OF CLAIMS

1 I, Charles R. Middlekauff, declare:

2 1. I am an attorney at law licensed to practice in the State of California and an 3 attorney for Pacific Gas & Electric Co. ("PG&E"), the debtor and debtor in possession in the 4 above-captioned Chapter 11 case. I am one of the attorneys at PG&E with primary 5 responsibility for PG&E's litigation with Sierra Pacific Industries ("SPI"), including the 6 settlement of such litigation, and efforts to obtain any necessary CPUC and Bankruptcy 7 Court approval thereof. I make this Declaration of my own personal knowledge, except 8 where otherwise indicated, and would testify competently to the truth of the matters stated 9 herein if called upon to do so.

10 2. Attached hereto as Exhibit 1 is a true and correct copy of the settlement 11 agreement ("Settlement Agreement") reached between PG&E, SPI and the California 12 Independent System Operator (the "ISO"), resolving,,ier ali.a, ongoing litigation and claims 13 between SPI and PG&E. PG&E now seeks the required Bankruptcy Court approval of the RMET14 IAMK Settlement Agreement. Additionally, PG&E seeks approval of a related agreement to

, 15 assume (the "Assumption Agreement") the four SPI reinstated Power Purchase Agreements 16 ("PPAs"). A true and correct copy of the Assumption Agreement is attached to the 17 Settlement Agreement as Exhibit A.

18 3. As part of PG&E's application to the CPUC for approval of the Settlement and 19 Assumption Agreement, PG&E is submitting prepared testimony of the Honorable Layn R.

20 Phillips, who mediated the dispute between PG&E, SPI and the ISO, resulting in the 21 ///

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MIDDLEKAUF DECL. ISO MOTION FOR ORDER AUTH. COMPROMISE OF CLAIMS WITH SPI 1 Settlement and Assumption Agreement. A true and correct copy of Judge Phillips' prepared 2 testimony in the form it is being submitted to the CPUC is attached hereto as Exhibit 2.

3 I declare under penalty of perjury under the laws of the State of California and the 4 United States that the foregoing is true and correct, and that this Declaration was executed 5 this 5th day of August, 2002, in San Francisco, California.

6 7

Charles R. Middlekauff 8

9 10 11 12 13 HOW*D RIM NENC 14

&RLAEUN 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MIDDLEKAUF DECL. ISO MOTION FOR ORDER AUTH. COMPROMISE OF CLAIMS WITH SPI WD 080502/1/kab/1014427/vI Exhibits are not attached to the service copies of this document.

You may obtain copies of the Exhibits in one of the following ways: through the "Pacific Gas & Electric Company Chapter 11 Case" link accessible through the Bankruptcy Court's website (www.canb.uscourts.gov), or by written request to Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Attn: Nathaniel H. Hunt, Three Embarcadero Center, 7th Floor, San Francisco, California 94111-4065 WD 071801/1-1419901/gff/932202/vI