ML023330447
| ML023330447 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 11/20/2002 |
| From: | Kuga R 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: ML023330447 (13) | |
Text
1 JAMES L. LOPES (No. 63678)
GARY M. KAPLAN (No. 155530) 2 JULIE B. LANDAU (No. 162038)
HOWARD, RICE, NEMEROVSKI, CANADY, sO 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
9 UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 In re Case No. 01 30923 DM HCVOARD 13 RKE 14 Chapter 11 Case NVM PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Date: December 23, 2002 P.~~ 15 Time: 1:30 p.m.
Debtor.
Place: 235 Pine Street, 22nd Floor 16 San Francisco, California Federal I.D. No. 94-0742640 17 18 19 DECLARATION OF ROY M. KUGA IN SUPPORT OF MOTION FOR AUTHORITY 20 TO RESUME POWER PROCUREMENT, INCLUDING PROCUREMENT OF THE RESIDUAL NET SHORT POSITION AND TO INCUR POST-PETITION SECURED 21 DEBT RELATED THERETO 22 23 24 25 26 27 28
/'4v/ 4a DECLARATION OF ROY M. KUGA
1 I, Roy M. Kuga, declare as follows:
2 1. I am the Lead Director of Gas and Electric Supply for Pacific Gas and 3 Electric Company ("PG&E"), a position I have held since September 2000. I have been 4 employed by PG&E for 22 years. I make this declaration in support of PG&E's Motion for 5 Authority to Resume Power Procurement, including Procurement of the Residual Net Short 6 Position and to incur Post-Petition Secured Debt Related Thereto (the "Motion"). I make 7 this declaration based on personal knowledge, except where otherwise indicated, and if 8 called as a witness, could and would testify competently to the matters set forth herein.
9 2. As explained in more detail below, PG&E seeks authorization to enter into the 10 power procurement transactions for calendar year 2003, including procurement to meet power 11 Residual Net Short Position (as defined below) of its retail customers and in 12 procurement-related services. Based on present conditions and assumptions, as explained such procurement will not create a VRt 13 more detail in paragraph 11 below, PG&E believes that "A 14 material financial risk for PG&E and its bankruptcy estate, or adversely affect the feasibility of 15 of its proposed Plan of Reorganization (as amended from time to time, the "Plan to meet 16 Reorganization"). PG&E's ability to resume the power procurement function and as described 17 the Residual Net Short Position is based upon: (i) recent legislation (SB 1976 implement 18 below) that requires the California Public Utilities Commission ("CPUC") to reviews 19 timely rate recovery mechanisms and eliminate after-the-fact reasonableness Net 20 associated with power procurement; (ii) present conditions that indicate the Residual 21 Short Position will be small and wholesale prices will remain relatively stable during 2003, 22 consistent with current conditions; (iii) the adoption by the CPUC of PG&E's procurement 23 plan or a plan that otherwise fully complies with and implements SB 1976 and the continuing 24 effectiveness of the various elements of such procurement plan; (iv) limited procurement and 25 related collateral requirements in order to protect against any adverse impact to PG&E CPUC 26 its estate; and (v) transactions limited to calendar year 2003 only. In the event that the manner 27 modifies PG&E's procurement plan submitted to the CPUC on November 12 in a 28 that does not comply with and fully implement SB 1976, or other conditions or assumptions DECLARATION OF ROY M. KUGA
1 change or prove incorrect, PG&E reserves all rights to seek injunctive or other appropriate 2 relief from any obligation to resume procurement in the event that such procurement may 3 adversely impact its ability to confirm its Plan of Reorganization, to implement the Plan of 4 Reorganization once confirmed, or otherwise interfere with PG&E's rights under the 5 Bankruptcy Code.
6 3. PG&E is in bankruptcy today due to skyrocketing wholesale power prices 7 during 2000 and the first quarter of 2001 and the failure of state and regulatory officials to 8 address cost recovery in a timely fashion. In order to successfully exit bankruptcy, PG&E 9 will need to have the financial strength to support power procurement for its customers, 10 among other things. PG&E's Plan of Reorganization addresses this central concern by 11 identifying five requirements for its resumption of the procurement function. The first is the 12 requirement that PG&E return to an investment grade credit rating before it starts procuring grade credit rating by HOVRD 13 power for its customers again. PG&E will not regain an investment
" 14 January 1, 2003, when the CPUC has ordered it to resume procurement. However, under
,,, 15 current and forecast 2003 conditions, PG&E anticipates that it can resume the procurement 16 function on an interim basis. The 2003 Residual Net Short Position is forecast to be small, 17 unlike the substantially larger net short position in 2000 and 2001. Also, wholesale power 18 prices are at much lower levels than California experienced during the height of the energy 19 crisis in 2000 and 2001. SB 1976 has been enacted requiring the CPUC to implement 20 prompt rate recovery mechanisms, strictly limit reasonableness reviews, and mandate up 21 front standards and procurement plan approvals. In combination, these factors create a 22 current situation where PG&E believes it can resume power procurement on an interim basis.
23 However, the interim procurement PG&E proposes to undertake beginning January 1, 2003 24 is not an unqualified, long term resumption of the procurement function. PG&E is not in a 25 position to resume permanent, on-going power procurement except under the terms specified 26 in its Plan of Reorganization. Consequently, PG&E does not believe that this Motion 27 requires any change to its Plan of Reorganization. The Plan of Reorganization's conditions 28 for PG&E's resumption of power procurement must still be satisfied before PG&E can DECLARATION OF ROY M. KUGA
1 resume the power procurement function on a permanent, on-going basis.
2 4. Due to a number of events that occurred prior to the filing of PG&E's 3 Chapter 11 petition, including the downgrading of its credit ratings and resulting loss of its 4 investment-grade status, market participants were unwilling to sell power to PG&E and 5 PG&E became unable to serve its customers' net short position in early 2001. In January 6 2001, the California Department of Water Resources ("DWR") was authorized to purchase 7 power to maintain the continuity of supply to retail customers of PG&E and other investor 8 owned utilities (collectively, the "IOUs"). In February 2001, California Assembly Bill No. 1 9 of the first extraordinary session ("AB lX") was enacted into law. With the authority 10 granted to it under AB 1X, DWR entered into a large number of bilateral power contracts 11 with third party power suppliers to obtain power for the purpose of supplying the retail 12 customers of PG&E and other IOUs ("DWR Contracts"). In 2001 and 2002, DWR also California HOVAM RK:E 13 purchased power in the default and short-term markets operated by the
&RAHII 14 Independent System Operator ("ISO") as needed to meet the utilities' customer loads not Ahd.;ý. 15 otherwise met by the utilities' own resources and the DWR Contracts executed prior to 16 January 1, 2003. This additional amount of power required to serve an IOU's customers, 17 beyond the IOU's own generation and power purchase contracts (including power from the 18 DWR Contracts allocated to the IOU for operational purposes, as described further below), is 19 referred to as the "Residual Net Short Position". However, AB IX prohibited DWR from 20 entering into new contracts to purchase energy on and after January 1, 2003. In light of the 21 large amount of power under contract in the existing DWR Contracts allocated to PG&E for 22 operational purposes, PG&E anticipates that there will be a relatively small Residual Net 23 Short Position during portions of 2003, as explained further below.
24 5. On September 24, 2002, California Senate Bill 1976 ("SB 1976") was 25 signed into law as an emergency measure, immediately making effective California Public 26 Utilities Code Section 454.5 (a copy is attached hereto as Exhibit A). SB 1976 requires the 27 CPUC to allocate the electricity under the existing DWR Contracts among the customers of 28 the IOUs as a precondition to returning the IOUs to the procurement function. SB 1976 DECLARATION OF ROY M. KUGA
1 specifically requires that each IOU submit, within 60 days of the CPUC's allocation, an 2 electricity procurement plan specifying detailed plans for how the IOU intends to resume 3 procurement of electricity for its retail customers. As part of the resumption of the 4 procurement function, the IOU would procure power for its customers' needs that are not 5 covered by the combination of the IOU's allocation of power from existing DWR Contracts, 6 and the IOU's own power resources and contracts (i.e., the Residual Net Short Position).
7 Additionally, as part of resuming procurement, the IOU would sell surplus power resulting 8 from the DWR Contracts that have been operationally allocated to the IOU (referred to as the 9 "Residual Net Long Position"). The Residual Net Long Position is the amount of surplus 10 power in PG&E's combined portfolio of utility resources and DWR-allocated contracts that 11 needs to be sold to the market or otherwise reduced. SB 1976 requires that each 12 procurement plan include certain features designed to ensure timely rate recovery for the is HOVAM 13 IOUs' costs of procurement. The critical features of SB 1976 include: (i) the CPUC ROAE 14 REmX00 required to implement a rate-making mechanism that provides for timely recovery of E;Ix 15 procurement costs and ensures that rates are adjusted if existing revenues are not adequate to 16 recover procurement costs; (ii) the CPUC is required to adopt pre-approval or up front 17 standard processes that allow the IOUs to know in advance and at the time a procurement 18 commitment occurs that the transactions are reasonable and fully recoverable in rates without 19 the risk of after-the-fact prudence reviews; (iii) the CPUC's review of the reasonableness of 20 utility administration of procurement contracts is limited to verification of whether the utility 21 performed in accordance with the terms of the procurement contract and reasonably resolved 22 any disputes with the supplier; and (iv) the CPUC is required to evaluate the impact of an 23 approved procurement plan on the ability of the IOU to restore or maintain its investment 24 grade creditworthiness and the CPUC is prohibited from adopting elements of a plan that 25 would impair restoration or maintenance of investment grade creditworthiness. SB 1976 26 also requires the CPUC to create and implement a ratemaking cost recovery mechanism to 27 track the differences between recorded revenues and costs incurred under an approved 28 procurement plan. The CPUC must review, at least semi-annually, the balancing accounts, DECLARATION OF ROY M. KUGA
1 and to adjust rates or order refunds, as necessary to amortize the balancing account. For the 2 period prior to January 1, 2006, SB 1976 requires the CPUC to establish a schedule for 3 amortizing the over-collections or under-collections in the power procurement balancing 4 accounts so that the aggregate over-collection or under-collection reflected in the accounts 5 does not exceed five percent of the utility's actual recorded generation revenues for the prior 6 calendar year, excluding revenues collected on behalf of the DWR. This feature is referred 7 to as the "trigger mechanism" as it requires an immediate adjustment in revenues and, if 8 necessary, rates if the disparity between procurement revenues and costs grows too large.
9 For PG&E, it is expected that the 5% threshold in SB 1976 results in a trigger amount of 10 approximately $150 million.
11 6. To address power procurement for the period beginning January 1, 2003, the 12 CPUC instituted a proceeding entitled OrderInstitutingRulemaking to Establish Policies HOa 13 and Cost Recovery Mechanismsfor Generation Procurementand Renewable Resource RJM cm 14 Development (the "Procurement Proceedings"). On August 22, 2002, the CPUC issued
&RMIlON 15 Decision 02-08-071 in the Procurement Proceedings. This decision sets forth procedures for 16 PG&E (and the other IOUs) to follow for an expedited procurement process for electric 17 procurement beginning January 1, 2003. Under the decision, PG&E was authorized to 18 obtain new contracts with third party suppliers by using DWR to provide credit backing until 19 such time as PG&E regains an investment-grade credit rating. Based thereon, PG&E filed its 20 Motion for Authority to enter into Certain Power Procurement Contracts on October 25, 21 2002 (Docket No. 10697), requesting authority to enter into certain power procurement 22 contracts, which motion was approved by the Court at the hearing conducted on November 23 14, 2002.
24 7. In addition to the August 22 decision described above, on October 24, 2002, 25 the CPUC issued its Decision 02-10-062 (the "October 24 Decision"). A true and correct 26 copy of the October 24 Decision is attached hereto as Exhibit B. The October 24 Decision 27 requires PG&E and the other IOUs to resume power procurement responsibilities, including 28 procurement of the Residual Net Short Position, effective January 1, 2003, regardless DECLARATION OF ROY M. KUGA
1 whether PG&E has regained an investment-grade credit rating, by posting collateral or 2 providing letters of credit with the ISO and suppliers where required. The October 24 3 Decision sets forth requirements for PG&E and the other IOUs' future procurement activities 4 and requires each utility to file a short-term procurement plan for 2003 on November 12, 5 2002 for the CPUC's review and approval. The CPUC has indicated that it will act on the 6 November 12 procurement plan at a decision conference in mid-December 2002. PG&E has 7 set the hearing on the Motion for December 23, 2002, with the expectation that the CPUC 8 will act on its procurement plan no later than December 19, 2002. The Motion is premised 9 upon the assumption that the CPUC will approve PG&E's procurement plan without any 10 unacceptable modifications or will otherwise approve a procurement plan that fully complies 11 with SB 1976. Because PG&E will not be able to assess whether the CPUC's decision on 12 the procurement plan complies with SB 1976 until mid-December, PG&E reserves all rights 13 to supplement or modify the Motion or seek injunctive or other appropriate relief from any N 14 obligation to resume procurement in the event that such procurement may adversely impact APAida 15 its ability to confirm its Plan of Reorganization, to implement the Plan of Reorganization 16 once confirmed, or otherwise interfere with PG&E's rights under the Bankruptcy Code.
17 8. In connection with the October 24 Decision, PG&E filed its short-term 18 procurement plan for 2003 with the CPUC on November 12, 2002 (the "Procurement Plan").
19 The Procurement Plan includes various elements, including: (i) a risk management strategy; 20 (ii) identification of the types of products to be procured, and types and quantities of 21 transactions proposed to meet the Residual Net Short Position and to offset the Residual Net 22 Long Position; (iii) an assessment of price risks across the utility portfolio; (iv) use of a 23 competitive bid system for new power contracts; and (v) standards and criteria to guide 24 procurement transaction cost recovery. Public Utilities Code Section 454.5(a) specifies that 25 after approval of a procurement plan for a utility, the CPUC shall allow not less than 60 days 26 before the utility resumes procurement. As the CPUC will not issue a decision on PG&E's 27 Procurement Plan until mid-December, the CPUC is restrained by law from ordering PG&E 28 to procure power under the plan on January 1, 2003. However, PG&E states in its DECLARATION OF ROY M. KUGA
1 Procurement Plan that it is prepared to waive this 60-day requirement provided that the 2 CPUC approve its Procurement Plan or a procurement plan that otherwise fully complies 3 with and implements SB 1976, and further provided that PG&E receives advance 4 authorization from the Court to resume procurement on an interim basis for 2003.
5 9. With the operational allocation to PG&E of the DWR Contracts, PG&E's 6 existing power resources, and the new power procurement contracts obtained in connection 7 with the CPUC's August 22 Decision (with DWR having legal and financial responsibility 8 until PG&E regains its investment-grade credit rating), PG&E anticipates that it will have 9 sufficient energy to satisfy the bulk of its customers' power needs in 2003. For some time 10 periods in 2003, however, a Residual Net Short Position is likely to remain, primarily during 11 peak periods (such as periods with warmer weather and/or lower availability of power 12 resources). Depending on actual conditions during the year, at times PG&E will likely have HOWAM 13 a Residual Net Long Position and be in a position to dispose of surplus power.
RKE cqEtx 14 10. DWR will continue to retain full legal title and responsibility under the
&RAW~N 15 allocated DWR Contracts. Under the CPUC's decision regarding the allocation of the DWR 16 Contracts, the IOUs are directed solely to administer the DWR Contracts. PG&E has filed a 17 request for rehearing of the CPUC's decision regarding allocation of the DWR Contracts and 18 reserves all rights to challenge the decision.
19 11. The following assumptions and/or conditions are critical to PG&E's ability 20 to resume and continue procurement on an interim basis, including meeting the Residual Net 21 Short Position and managing the Residual Net Long Position. In the event that any of these 22 conditions change or assumptions prove to be incorrect, PG&E reserves the right to seek 23 injunctive or other appropriate relief from the Bankruptcy Court from any obligation to 24 resume procurement in the event that such procurement may adversely impact its ability to 25 confirm the Plan of Reorganization, to implement the Plan of Reorganization once 26 confirmed, or otherwise interfere with PG&E's rights under the Bankruptcy Code.
27 a. Procurement Limited to 2003. Since PG&E does not have an investment 28 grade credit rating, it does not have the access to external credit needed to support long-term DECLARATION OF ROY M. KUGA
1 procurement contracts and new facility projects. Thus, PG&E is seeking authority for 2 procurement solely for 2003 and will not be entering into any long-term contracts for 3 procurement needs beyond 2003. The only exception is with respect to the Interim 4 Procurement Contracts and Renewable Energy Contracts described in the Motion for 5 Authority to enter into Certain Power Procurement Contracts filed on October 25, 2002, 6 which contracts may extend beyond 2003 but will be the legal and financial responsibility of 7 DWR until such time as PG&E regains its investment-grade credit rating.
8 b. Timely Cost Recovery and Prospective Reasonableness Standards. PG&E's 9 resumption of procurement is based on the assumption that the CPUC will timely and fully 10 comply with SB 1976 and will approve PG&E's Procurement Plan or otherwise approve a 11 procurement plan that fully complies with and implements SB 1976. This includes timely 12 cost recovery, including both revenue requirements and rate adjustments to enable PG&E to HOWR RIcE 13 collect its generation and power procurement costs from ratepayers on a timely basis. This Nmw 14 also includes clear, up-front, achievable standards to determine the acceptability and ORANGNT
, 15 eligibility for rate recovery of the costs of the proposed transactions, including no after-the 16 fact reasonableness review except as allowed by SB 1976 to verify compliance with contract 17 terms and reasonable resolution of contract disputes. Consistent with SB 1976, PG&E's 18 resumption of procurement must be pursuant to a CPUC-approved procurement plan so that 19 (i) PG&E's actions may be in compliance with the approved procurement plan, and (ii) the 20 CPUC can determine if a feature or mechanism of the procurement plan would impair 21 PG&E's restoration to creditworthiness. PG&E's Procurement Plan incorporates the 22 necessary elements to ensure implementation of timely cost recovery consistent with the 23 requirements of SB 1976. It is critical that the CPUC order approving PG&E's Procurement 24 Plan approve and implement effective January 1, 2003 a ratemaking cost recovery 25 mechanism that satisfies the requirements of SB 1976, including, without limitation, the 26 "trigger" mechanism that requires the CPUC to adjust rates to the extent that current 27 revenues are inadequate to recover actual procurement costs. If CPUC action on PG&E's 28 Procurement Plan deviates from any material aspect of the Procurement Plan, PG&E will DECLARATION OF ROY M. KUGA
1 need to carefully consider whether the CPUC's decision satisfies SB 1976 and other 2 conditions necessary to protect the bankruptcy estate and to support PG&E's return to an 3 investment grade credit rating.
4 c. Limited Residual Net Short Position and Market Stability. PG&E's current 5 forecast of power resources and customer loads produces a relatively small Residual Net 6 Short Position of no greater than two percent of its total load requirements based on current 7 assumptions and projections. PG&E is also assuming that the power market will remain 8 relatively stable through 2003, both as to supply availability and price.
9 d. Limited Collateral Requirements. Under anticipated conditions in 2003 and 10 with approval of PG&E's Procurement Plan by the CPUC, PG&E forecasts that its collateral 11 requirements will not exceed $150 million.
12 12. PG&E anticipates entering into the following types of transactions to 13 procure power, to meet its Residual Net Short Position and to manage its Residual Net Long S 14 Position for 2003:
15 a. Purchases and Sales through CPUC-Approved Markets. PG&E intends to 16 balance its Residual Net Short and Residual Net Long Positions with the following types of 17 transactions: (i) purchases and sales of day-ahead and hour-ahead spot energy and gas, and 18 electric and gas transmission rights; (ii) purchases and sales of forward contracts for 19 electricity and gas, and electric and gas transmission rights; and (iii) purchase of electricity 20 and gas options and swaps. Examples of the types of markets contemplated include bilateral 21 contracts done through brokers or individual negotiations, transactions executed via 22 transaction processing services or electronic exchanges such as Automatic Power Exchange 23 or Intercontinental Exchange. Examples of an option may include either a physical or 24 financial option; a physical option would give PG&E the right but not the obligation to take 25 physical delivery of electricity or gas at a fixed price, while a financial option would provide 26 for an equivalent cash flow without the need for physical delivery.
27 b. Transactions, Purchases and Sales through the ISO. Since PG&E lost its 28 investment grade credit rating, DWR has been the creditworthy party transacting with the DECLARATION OF ROY M. KUGA
1 ISO to secure services under the ISO's Federal Energy Regulatory Commission approved 2 tariffs that are necessary for the transmission of power to serve PG&E's retail customers and 3 to meet its wholesale obligations. Beginning January 1, 2003, DWR will cease to procure 4 the ISO services to support PG&E's customers and wholesale obligations. Instead, PG&E 5 anticipates resuming responsibility for obtaining the ISO services to serve its customer load, 6 including but not limited to the Residual Net Short Position. PG&E also anticipates 7 purchasing and selling limited amounts of real time energy through the ISO daily markets.
8 PG&E intends to satisfy its ancillary service needs through its own resources.
9 c. Inter-Utility Exchanges. Exchanges between utilities may be used to swap 10 power resources to each utility's benefit. Exchanges of peak for off-peak, or seasonal peak be 11 for peak exchanges may be executed by PG&E if a suitable exchange counter-party can 12 secured and the exchange provides cost/benefit ratios consistent with the Procurement Plan.
Electricity. PG&E HOWOM 13 d. Purchases through Contracts with Suppliers for Gas and the NANV14 anticipates entering into contracts with suppliers and other counter parties through services for A,,*.ýG. 15 process of competitive bidding in order to purchase or sell power, gas or related bidding 16 transactions where delivery will begin more than six months from the competitive 17 solicitation date.
18 13. PG&E estimates that up to $150 million in cash may be utilized during 2003 as 19 for purposes of posting collateral with the ISO and with counter parties to contracts, 20 described below. PG&E expects to fund its collateral requirements from revenues generated 21 on and after January 1, 2003 and therefore funds needed for implementation of the Plan of 22 Reorganization should not be jeopardized. The only exception to the use of going-forward 23 revenues will be for any cash deposits to be made with the ISO (as described below) to cover 24 transactions for January 2003 only.
25 14. Under ISO Tariff 2.2.3.2, PG&E must satisfy ISO collateral requirements in 26 order to schedule and participate in the ISO, in -the absence of an investment-grade credit 27 rating. PG&E intends to satisfy this requirement through the use of cash deposits. These the 28 deposits will be held in an escrow account, with the ISO having the right to monitor
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I account and to draw from the account in the event that PG&E does not pay its ISO invoices 2 in accordance with the ISO tariff. The amount of cash to be posted with the ISO is based on
-3 PG&E's net outstanding and estimated liability to the ISO for the time period between the 4 ISO's provision of services and the date payment is due for such services. Based on the 5 ISO's current invoice cycle, the time period is approximately 90 days.
6 15. PG&E also anticipates that parties to new power or gas purchase or sale 7 agreements, gas or electric transmission agreements, or to financial hedge agreements (such 8 as options and swaps), will demand collateral if and when the market goes against PG&E's in 9 position in the contract. For example, if PG&E has a contract to buy forward power to 10 Summer 2003 at $40 per megawatt hour ("MWh"), and the market price moves downward the 11 $16 per MWh, the contract could require PG&E to post cash collateral to cover 12 difference between the contract and market prices. There may be similar collateral for example where the market WRD 13 requirements in the event of a PG&E sale of surplus power, RJICE14 price for such power moves upward. With respect to options, counter parties may require collateral equal to a portion of the capacity or premium payment if they are concerned about
&iRAHUN 15 may 16 PG&E not being able to perform under the contract. For example, a counter party of a 17 require collateral for the difference between the contract price and the market price to 18 swap. With respect to all of the foregoing types of transactions, PG&E will attempt 19 minimize any collateral requirements.
20 16. The indenture trustee for certain mortgage bonds issued by PG&E (the the benefit 21 "Indenture Trustee"), who holds a lien on substantially all of PG&E's assets for PG&E is 22 of the mortgage bondholders, is aware that PG&E is filing this Motion and that above, 23 requesting the Indenture Trustee's consent to the senior security interests described 24 although such consent has not yet been obtained. PG&E will work with the Indenture is 25 Trustee to obtain such consent in advance of the hearing on this Motion. Such consent Trustee 26 required under the Cash Collateral Stipulation between PG&E and the Indenture 27 (which was approved by Order entered on May 9, 2001).
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1 I declare under penalty of perjury under the laws of the United States of America 2 that the foregoing is true and correct and that this declaration was executed on November 20, 3 2002 at San Francisco, California.
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