ML030520199
| ML030520199 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 02/20/2003 |
| From: | Montali D US Federal Judiciary, Bankruptcy Court, Central District of California |
| To: | Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Office of Nuclear Reactor Regulation, Pacific Gas & Electric Co |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML030520199 (2) | |
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9 10 11 12 HOWAMD 13 N,*Et Wj X "14 A**-MM1 15 16 17 18 19 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:
March 27, 2003 Time:
1:30 p.m.
Place:
235 Pine Street, 22nd Floor San Francisco, California Judge:
Hon. Dennis Montali ORDER GRANTING DEBTOR'S MOTION FOR ORDER AUTHORIZING COMPROMISE OF CLAIMS OF CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD PURSUANT TO A CONSENT JUDGMENT ORDER GRANTING MOTION FOR ORDER AUTHORIZING COMPROMISE OF CLAIMS OF CRWQCB JAMES L. LOPES (No. 63678)
JEFFREY L. SCHAFFER (No. 91404)
/
KENNETH A. NEALE (No. 126904)
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 20 21 22 23 24 25 26 27 28
1 The Court having reviewed the Debtor's Motion For Order Authorizing 2
Compromise Of Claims Of California Regional Water Quality Control Board Pursuant To A 3
Consent Judgment (the "Motion") and the supporting Declaration of Terry Nelson (the 4
"Nelson Declaration") filed with the Court by debtor in possession Pacific Gas and Electric 5
Company ("PG&E"), and the Court having determined that adequate notice of the Motion 6
was given to parties in interest as appropriate under the circumstances, and good cause 7
appearing therefor, 8
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
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- 1. The Motion is granted; 10
- 2. PG&E may enter into the Consent Judgment attached as Exhibit A to the 11 Nelson Declaration (the "Consent Judgment") and consummate the settlement memorialized 12 therein; and P1WI 13
- 3. The automatic stay pursuant to Section 362(a) of the United States Bankruptcy
'CM <114 Code (11 U.S.C. §362(a)), to the extent otherwise applicable, is hereby modified to allow the 15 California Regional Water Quality Control Board ("CRWQCB") to file a civil action against 16 PG&E in the California Superior Court for the County of San Luis Obispo as contemplated 17 in the Consent Judgment, and simultaneously therewith, to file in such court the Consent 18 Judgment.'
19 DATED:
20 21 HONORABLE DENNIS MONTALI 22 UNITED STATES BANKRUPTCY JUDGE WD 01 1603/1I-1419925/1049895/vl 23 24 25 26
'In granting this order, the Court does not reach the substantive issue of whether the automatic stay would apply with respect to the filing of such civil action by the CRWQCB 27 or would be exempt under Section 362(b)(4) of the United State Bankruptcy Code. Rather, 28 the order modifies the automatic stay only to the extent it may be applicable.
ORDER GRANTING MOTION FOR ORDER AUTHORIZING COMPROMISE OF CLAIMS OF CRWQCB