ML022540573
| ML022540573 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/30/2002 |
| From: | Schulman E 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: ML022540573 (3) | |
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9 10 11 12 JAMES L. LOPES (No. 63678)
JEFFREY L. SCHAFFER (No. 91404)
ETHAN P. SCHULMAN (No. 112466)
JANET A. NEXON (No. 104747)
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 ROGER J. PETERS (No. 77743)
IATHAN T. ANNAND (No. 70009)
MICHAEL D. WHELAN (No. 58617)
PACIFIC GAS AND ELECTRIC COMPANY 77 Beale Street San Francisco, California 94105 Telephone: 415/973-7000 Facsimile: 415/973-5520 Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 13 R*I S A 14 EAqK 15 16 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Federal I.D. No. 94-0742640 Case No. 01-30923 DM Chapter 11 Case Date:
Time:
Place:
Judge:
October 2, 2002 9:30 a.m.
235 Pine Street, 22nd Floor San Francisco, CA Honorable Dennis Montali PG&E'S NOTICE OF MOTION AND MOTION FOR ORDER VALUING CERTAIN EMPLOYMENT CLAIMS FOR PLAN FEASIBILITY PURPOSES
[INDIVIDUAL MEMORANDA OF POINTS AND AUTHORITIES AND SUPPORTING DECLARATIONS FILED SEPARATELY] S0ei Ot 4o0 6-0-2a7*
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I NOTICE OF MOTION AND MOTION 2
PLEASE TAKE NOTICE that on October 2, 2002, at 9:30 a.m., or as soon thereafter as 3
the matter may be heard, in the Courtroom of the Honorable Dennis Montali, located at 235 Pine 4
Street, 22nd Floor, San Francisco, California, Pacific Gas and Electric Company, the debtor and 5
debtor in possession in the above-captioned Chapter 11 case ("PG&E" or the "Debtor"), will and 6
hereby does move the Court (the "Motion") for an order valuing certain Employment Claims solely 7
for purposes of determining the feasibility of the Plan of Reorganization Under Chapter 11 of the 8
Bankruptcy Code for Pacific Gas & Electric Company (dated April 19, 2002) filed by PG&E and 9
PG&E Corporation on March 7, 2002, as the same may be amended from time to time (the "PG&E 10 Plan"). Specifically, PG&E will seek an order valuing the following Employment Claims against 11 the estate as follows for PG&E Plan feasibility purposes, as described more fully in the 12 accompanying individual Memoranda of Points and Authorities incorporated by reference herein:
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- 1.
Valuing the Claim of Samuel Anderson, Proof of Claim No. 178, in the amount of c~r' 14
$10 million for "wrongful termination", at zero; 15
- 2.
Valuing the Claim of Deanne L. Cannon, Proof of Claim No. 4898, in the amount 16 of $10 million for "violation of civil rights", at zero; 17
- 3.
Valuing the Claim of Geri Marchetti, Proof of Claim No. 3831, in the amount of 18
$8,104,440.00 for alleged disability discrimination and retaliation, at no more than $47,000; 19
- 4.
Valuing the Claim of Douglas Raymond Nelson dba Appex Troubleshooters &
20 Testing Engineers, Ltd., Proof of Claim No. 7125, in the amount of $1 million for wrongful 21 termination, at zero; and 22
- 5.
Valuing the Claim of Gilbert Medeiros, Proof of Claim No. 7057, in the amount of 23
$200,000, for wrongful termination, at zero.
24 This Motion is intended to establish the value of such Employment Claims for PG&E 25 Plan feasibility purposes only, shall not determine or affect the allowance of the Claims or any 26 distribution thereon, and shall not be binding on any other court in which litigation relating to the 27 Claim is or may be pending.
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I This Motion is made pursuant to the Court's May 21, 2002 Order Granting In Part And, 2
Without Prejudice, Denying In Part PG&E's Motion For Order Determining Procedures For 3
Estimating Certain Claims For Plan Feasibility Purposes and Sections 1129(a)(1 1), 502(c) and 4
105(a) of the United States Bankruptcy Code (11 U.S.C. §§1 129(a)(1 1), 502(c) & 105(a)) and is 5
based on the facts and law set forth herein (including the accompanying Memoranda of Points and 6
Authorities), the supporting Declarations filed concurrently herewith, the record of this case and any 7
evidence presented at or prior to the hearing on the Motion.
8 PLEASE TAKE FURTHER NOTICE that pursuant to Rule 9014-1(c)(2) of the 9
Bankruptcy Local Rules for the Northern District of California, any written opposition to the Motion 10 and the relief requested therein must be filed with the Bankruptcy Court and served upon 11 appropriate parties (including counsel for PG&E, the Office of the United States Trustee and the 12 Official Committee of Unsecured Creditors) at least five (5) days prior to the scheduled hearing 13 date. If there is no timely objection to the requested relief, the Court may enter an order granting RIM M
14 such relief without further hearing.
FAEN 15 16 DATED: Augustj, 2002 Respectfully, 17 HOWARD, RICE, NEMEROVSKI, CANADY, 18 FALK & RABKIN A Professio Ial Corporation 19 7
20 By:
THAN P. SCHULMAN 21 Attorneys for Debtor and Debtor in Possession 22 PACIFIC GAS AND ELECTRIC COMPANY 23 24 25 26 27 28