ML032300483
| ML032300483 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/18/2003 |
| From: | Dewey Ballantine, LLP, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Milbank, Tweed, Hadley & McCloy, LLP, Official Committee of Unsecured Creditors, Pacific Gas & Electric Co, Weil, Gotshal & Manges, LLP |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM | |
| Download: ML032300483 (4) | |
Text
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re Case No. 01-30923 DM PACIFIC GAS AND ELECTRIC COMPANY, Chapter 11 a California corporation, Debtor.
NOTICE OF (A) VOTING RECORD DATE AND VOTING DEADLINE, (B) HEARING TO CONSIDER CONFIRMATION OF PLAN OF REORGANIZATION UNDER CHAPTER 11 OF THE BANKRUPTCY CODE FOR PACIFIC GAS AND ELECTRIC COMPANY AND (C) DEADLINE FOR FILING OBJECTIONS TO CONFIRMATION NOTICE IS HEREBY GIVEN as follows:
Pacific Gas and Electric Company ("PG&E"), PG&E Corporation and the Official Committee of Unsecured Creditors (collectively, "Plan Proponents") filed the "Plan of Reorganization Under Chapter 11 of the Bankruptcy Code for Pacific Gas and Electric Company Dated July 31, 2003" (the "Plan") with the United States Bankruptcy Court for the Northern District of California, San Francisco Division. Along with the Plan, PG&E and PG&E Corporation filed a "Disclosure Statement for Plan of Reorganization Under Chapter 11 of the Bankruptcy Code for Pacific Gas and Electric Company Proposed by Pacific Gas and Electric Company, PG&E Corporation and the Official Committee of Unsecured Creditors Dated July 31, 2003" (the "Disclosure Statement"). On July 31, 2003, the Bankruptcy Court approved the Disclosure Statement, finding that it contains adequate information within the meaning of Section 1125 of the Bankruptcy Code.
On July 21, 2003, the Plan Proponents filed a motion requesting entry of an order (i) establish;-
-itation, voting and tabulation procedures and deadlines, including establishing'aWIng Record Date, (ii) scheduling hearings to consider confirmation of the Plan, (iii) establishing deadlines and procedures for filing objections to confirmation of the Plan, and (iv) approving the form and manner of notice of the confirmation hearing.
Voting Record Date (August 4. 2003) and Voting Deadline (September 29, 2003)
- 1.
The Bankruptcy Court has established August 4, 2003, as the voting record date for purposes of determining those holders of impaired claims that are entitled to vote to accept or reject the Plan.
- 2.
Persons entitled to vote on the Plan will receive Voting Ballots which allow the holder of a claim to vote to accept or reject the Plan. In order for the Voting Agent,
/
(J Innisfree M&A Incorporated, to count their votes, such persons must properly complete, execute j<<l t
2 and deliver their Voting Ballots to the Voting Agent or, in certain cases, to their nominee holder by mail, overnight mail or personal delivery so that the Voting Agent or nominee holder receives such Ballots no later than 5:00 p.m. Eastern Time on September 29, 2003 (the "Voting Deadline"), unless the Court extends such deadline.
- 3.
Nominee holders for beneficial owners of PG&E's bonds, notes and debentures shall have up to three additional business days to transmit Master Ballots to the Voting Agent. The Voting Agent must, however, receive all Master Ballots no later than 5:00 p.m. Eastern Time on October 2, 2003 unless the Court extends such deadline.
UNLESS A BALLOT IS RECEIVED BY THE VOTING AGENT BY THE VOTING DEADLINE, IT WILL NOT BE COUNTED.
Heaing On Confirmation of the Plan (November 3, 2003 at 9:30 a.m.)
A hearing to consider confirmation of the Plan and any objections thereto (the "Confirmation Hearing") has been set by the United States Bankruptcy Court for the Northern District of California for 9:30 a.m., California time, on November 3, 2003, in the Courtroom of the Honorable Dennis Montali, located at 235 Pine Street, 22nd Floor, San Francisco, California 94104 (the "Court"). No further notice shall be provided to creditors or interest holders of any adjournment or continuation of the Confirmation Hearing announced in open court at such Confirmation Hearing or at any subsequent adjournment thereof.
Status Conference (September 8. 2003 at 9:30 a.m.)
A status conference will be held by the Court to consider issues in connection with the Confirmation Hearing. Any party who files an objection to confirmation of the Plan (or such party's designee) must appear at the Status Conference on September 8, 2003 at 9:30 a.m.;
failure to so appear will cause such objection to be denied by the Court for lack of prosecution.
Last Day to File Objections to Confirmation of the Plan (September 2,2003)
Any objection to confirmation of the Plan must (a) be in writing, (b) set forth the name and address of the objecting party, the nature of the objection and the legal basis therefor (as more fully described in the paragraph below), and (c) be filed with and received by the Clerk of the United States Bankruptcy Court for the Northern District of California (including two copies for the Chambers of the Honorable Dennis Montali), together with proof of service thereof, and served upon and received by the following parties, no later than 4:00 p.m., California time, on September 2, 2003: (1) Pacific Gas and Electric Company, 77 Beale Street, P.O. Box 7442, San Francisco, California 94120, Attn: General Counsel; (2) PG&E Corporation, One Market, Spear Street Tower, Suite 2400, San Francisco, California 94105, Attn: General Counsel; (3) Howard, Rice, Nemerovski, Canady, Falk & Rabkin, A Professional Corporation, Attorneys for Pacific Gas and Electric Company, Three Embarcadero Center, 7th Floor, San Francisco, California 94111, Attn: James L. Lopes; (4) Dewey Ballantine LLP, Attorneys for PG&E Corporation, 700 Louisiana, Suite 1900, Houston, Texas 77002, Attn: Alan Gover; (5)
Weil, Gotshal & Manges LLP, Attorneys for PG&E Corporation, 767 Fifth Avenue, New York, New York 10153, Attn: Michael Kessler; (6) Orrick, Herrington & Sutcliffe LLP, Attorneys for
3 PG&E Corporation, Old Federal Reserve Bank Building, 400 Sansome Street, San Francisco, California 94111, Attn: Joseph Malkin; and (7) Cooley Godward LLP, Attorneys for Pacific Gas and Electric Company, One Maritime Plaza, 20th Floor, San Francisco, California, 94111, Attn:
Martin Schenker; (8) The Office of the United States Trustee, 250 Montgomery Street, Suite 1000, San Francisco, California 94104, Attn: Patricia Cutler; (9) Milbank, Tweed, Hadley &
McCloy LLP, Attorneys for the Official Unsecured Creditors' Committee, 601 South Figueroa Street, 30th Floor, Los Angeles, California 90017, Attn: Paul Aronzon; and (10) Paul, Weiss, Rifkind, Wharton & Garrison LLP, Attorneys for California Public Utilities Commission, 1258 Avenue of the Americas, New York, NY 10019-6064, Attn: Alan Kornberg.
Objections to confirmation of the Plan shall briefly state the grounds on which each objection is based in a manner which is sufficient to give notice to the Plan Proponents of the nature of the objection, but shall NOT include a memorandum of legal or factual points and authorities or other discussion of the legal theories for the objection.
UNLESS AN OBJECTION TO CONFIRMATION IS TIMELY SERVED AND FILED IN ACCORDANCE WITH THIS NOTICE IT WILL NOT BE CONSIDERED BY THE COURT.
HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Professional Corporation James L. Lopes Three Embarcadero Center, 7th Floor San Francisco, California 94111 (415) 434-1600 Attorneys for Debtor and Debtor in Possession Pacific Gas and Electric Company WEIL, GOTSHAL & MANGES LLP Michael Kessler 767 Fifth Avenue New York, New York 10153
-(212) 310-8000 Attorneys for PG&E Corporation DEWEY BALLANTINE LLP Alan Gover 700 Louisiana, Suite 1900 Houston, Texas 77002 Attorneys for PG&E Corporation MILBANK, TWEED, HADLEY & McCLOY LLP Paul Aronzon 601 South Figueroa Street, 30th Floor Los Angeles, California 90017 Attorneys for Official Unsecured Creditors' Committee
PACIFIC GAS & ELECTRIC CO.
c/o Robert L. Berger & Associates, LLC PMB 1008 10351 Santa Monica Blvd., Suite 101 A Los Angeles, CA 90025 S
239876 U.S. NUCLEAR REGULATORY COMMISSION ATTN: DOCUMENT CONTROL DESK WASHINGTON, DC 20555-0001 FIRST-CLASS MAIL U.S. POSTAGE PAID CHICAGO, IL PERMIT NO. 941
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