ML022260997

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
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)

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9 10 In re PACIFIC GAS and ELECTRIC COMPANY, a California corporation, Debtor.

Federal I.D. No. 94-0742640

'C, Case No. 01-30923 DM.

Chapter 11 Case 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 Date:

Time:

Place:

Judge:

September 12, 2002 1:30 p.m.

235 Pine Street, 22nd Floor San Francisco, California Hon. Dennis Montali ij £.,:

MIDDLEKAUF DECL. ISO MOTION FOR ORDER AUTH. COMPROMISE OF CLAIMS WITH SPI JEFFREY L. SCHAFFER (No. 91404)

WILLIAM J. LAFFERTY (No. 120814)

KIMBERLY A. BLISS (No. 207857)

HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 Telephone:

415/434-1600 Facsimile:

415/217-5910 Attorneys for Debtor and Debtor in Possession PACIFIC GAS and ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 11 12 13 RKI f

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1 I, Charles R. Middlekauff, declare:

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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.

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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 Settlement Agreement.

Additionally, PG&E seeks approval of a related agreement to IAMK 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.

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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

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&RLAEUN Settlement and Assumption Agreement. A true and correct copy of Judge Phillips' prepared testimony in the form it is being submitted to the CPUC is attached hereto as Exhibit 2.

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

Charles R. Middlekauff 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