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Category:Legal-Affidavit
MONTHYEARML24162A0792024-06-0707 June 2024
OEDO-24-00083 - 10 CFR 2.206 - Diablo Canyon Units 1 and 2 Seismic CDF - Supplemental Declaration 6-7-2024 -
DCL-23-022, 2023 Annual Statement of Insurance for Pacific Gas and Electric Company’S Diablo Canyon Power Plant2023-03-29029 March 2023
2023 Annual Statement of Insurance for Pacific Gas and Electric Company’S Diablo Canyon Power Plant
DCL-19-082, Submittal of Site-Specific Decommissioning Cost Estimate2019-12-0404 December 2019
Submittal of Site-Specific Decommissioning Cost Estimate
DCL-18-100, License Amendment Request 18-02 - License Amendment Request to Revise Technical Specification 5.6.5b1 Core Operating Limits Report (COLR) for Full Spectrum Loss-of-Coolant Accident Methodology2018-12-26026 December 2018
License Amendment Request 18-02 - License Amendment Request to Revise Technical Specification 5.6.5b1 Core Operating Limits Report (COLR) for Full Spectrum Loss-of-Coolant Accident Methodology
ML16061A4522016-02-11011 February 2016
Submittal of Tricon Phase 2 Documents for the License Amendment Request for Process Protection System Replacement
DCL-16-020, Diablo Canyon, Units 1 and 2 - Submittal of Tricon Phase 2 Documents for the License Amendment Request for Process Protection System Replacement2016-02-11011 February 2016
Diablo Canyon, Units 1 and 2 - Submittal of Tricon Phase 2 Documents for the License Amendment Request for Process Protection System Replacement
ML16026A3882016-01-0505 January 2016
Westinghouse Electric Company, LLC, Submittal of Proprietary Version of LTR-DCPPS-15-008 Response to NRC RAI 73 (Open Item 129).
ML15090A2752015-03-26026 March 2015
Independent Spent Fuel Storage Installation - Consent and Hearing Waiver Form
ML14171A2372014-06-11011 June 2014
Submittal of Supplemental Analysis for Inservice Inspection Program Relief Request SWOL-REP-1 U2
DCL-14-034, Affidavit No. 993754-AFF-104T, Dated 03/12/2014, Signed by Mark Herschthal2014-03-12012 March 2014
Affidavit No. 993754-AFF-104T, Dated 03/12/2014, Signed by Mark Herschthal
ML14205A0352014-03-12012 March 2014
Affidavit No. 993754-AFF-104T, Dated 03/12/2014, Signed by Mark Herschthal
DCL-13-061, CS Innovations - Application for Witholding Proprietary Information from Public Disclosure, Enclosure, Attachment 22013-04-25025 April 2013
CS Innovations - Application for Witholding Proprietary Information from Public Disclosure, Enclosure, Attachment 2
ML13078A2922013-03-0505 March 2013
Areva Affidavit for Areva Calculations #32-9199805-000, Diablo Canyon Power Plant Unit 2 Pzr Safety and Spray Nozzles Planar Flaw Analysis (Proprietary) and #32-9199937-000, DCPP Unit 2 - Evaluation of Laminar Indications in Pressurizer Noz
DCL-13-021, Areva Affidavit for Areva Calculations 32-9199805-000, Diablo Canyon Power Plant Unit 2 Pzr Safety and Spray Nozzles Planar Flaw Analysis (Proprietary) and 32-9199937-000, DCPP Unit 2 - Evaluation of Laminar Indications in Pressurizer N2013-03-0505 March 2013
Areva Affidavit for Areva Calculations #32-9199805-000, Diablo Canyon Power Plant Unit 2 Pzr Safety and Spray Nozzles Planar Flaw Analysis (Proprietary) and #32-9199937-000, DCPP Unit 2 - Evaluation of Laminar Indications in Pressurizer Noz
DCL-12-069, Diablo Canyon, Units 1 and 2 - Submittal of Attachment 1, Quality Assurance Plan and Revised Phase 1 Documents for the License Amendment Request for Digital Process Protection System Replacement and Attachment 8 Affidavit 993754-AFF-38T2012-08-0202 August 2012
Diablo Canyon, Units 1 and 2 - Submittal of Attachment 1, Quality Assurance Plan and Revised Phase 1 Documents for the License Amendment Request for Digital Process Protection System Replacement and Attachment 8 Affidavit 993754-AFF-38T
ML12222A0942012-08-0202 August 2012
Submittal of Attachment 1, Quality Assurance Plan and Revised Phase 1 Documents for the License Amendment Request for Digital Process Protection System Replacement and Attachment 8 Affidavit 993754-AFF-38T
ML12137A0242012-05-15015 May 2012
Diablo Canyon - May Hearing File Update
ML11297A0562011-10-18018 October 2011
Diablo Canyon - October Hearing File Update
ML0715501312007-05-23023 May 2007
SER Compliance with WCAP-16260-P-A the Spatially Corrected Inverse Count Rate (Scicr) Method for Subcritical Reactivity Measurement
DCL-05-121, Correction of Information Contained in License Amendment Request 05-04. Revision to Technical Specification 5.3.1. 'Unit Staff Qualifications.'2005-12-23023 December 2005
Correction of Information Contained in License Amendment Request 05-04. Revision to Technical Specification 5.3.1. 'Unit Staff Qualifications.'
DCL-05-018, License Amendment Request 05-01 Revision to Technical Specification 5.5.9, Steam Generator Tube Surveillance Program, and 5.6.10, Steam Generator Tube Inspection Report. to Allow Use of the W* Alternate Repair Criteria.2005-03-11011 March 2005
License Amendment Request 05-01 Revision to Technical Specification 5.5.9, Steam Generator Tube Surveillance Program, and 5.6.10, Steam Generator Tube Inspection Report. to Allow Use of the W* Alternate Repair Criteria.
DCL-04-149, License Amendment Request 04-07, Revision to Technical Specifications 3.7.17 and 4.3 for Cycles 14-16 for a Cask Pit Spent Fuel Storage Rack2004-11-0303 November 2004
License Amendment Request 04-07, Revision to Technical Specifications 3.7.17 and 4.3 for Cycles 14-16 for a Cask Pit Spent Fuel Storage Rack
DCL-04-123, License Amendment Request 04-06 Removal of Technical Specifications 5.6.1, Occupational Radiation Exposure Report, and 5.6.4, Monthly Operating Reports2004-11-0101 November 2004
License Amendment Request 04-06 Removal of Technical Specifications 5.6.1, Occupational Radiation Exposure Report, and 5.6.4, Monthly Operating Reports
DCL-04-104, Response to NRC Request for Additional Information Regarding License Amendment Request 04-01, 'Revised Steam Generator Voltage-based Repair Criteria Probability of Detection Method for Plant.2004-08-18018 August 2004
Response to NRC Request for Additional Information Regarding License Amendment Request 04-01, 'Revised Steam Generator Voltage-based Repair Criteria Probability of Detection Method for Plant.
DCL-04-089, Response to June 14 and July 6, 2004, NRC Request for Additional Information Re License Amendment Request 03-18, Revision to Technical Specifications 5.5.9, 'Steam Generator (SG) Tube Surveillance Program,' & 5.6.10.2004-07-30030 July 2004
Response to June 14 and July 6, 2004, NRC Request for Additional Information Re License Amendment Request 03-18, Revision to Technical Specifications 5.5.9, 'Steam Generator (SG) Tube Surveillance Program,' & 5.6.10.
DCL-04-095, 60-Day Response to NRC Bulletin 2004-01, Inspection of Alloy 82/182/600 Materials Used in the Fabrication of Pressurizer Penetrations and Steam Space Piping Connections at Pressurized Water Reactors2004-07-27027 July 2004
60-Day Response to NRC Bulletin 2004-01, Inspection of Alloy 82/182/600 Materials Used in the Fabrication of Pressurizer Penetrations and Steam Space Piping Connections at Pressurized Water Reactors
DCL-04-066, Response to NRC Request for Additional Information Regarding License Amendment Request 03-12, Revision to Technical Specifications 3.3.1, 'Rts Instrumentation,' and 3.3.2, 'Esfas Instrumentation.'2004-06-0404 June 2004
Response to NRC Request for Additional Information Regarding License Amendment Request 03-12, Revision to Technical Specifications 3.3.1, 'Rts Instrumentation,' and 3.3.2, 'Esfas Instrumentation.'
ML0412804352004-04-30030 April 2004
Notice of Change of Address
ML0409704212004-03-31031 March 2004
Saybrook Capital, LLC Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for February 1 Through February 29, 2004
ML0409805912004-03-18018 March 2004
Public Policy Advocates Llc'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expense for February 1, 2004 Through February 29, 2004
ML0406204532004-02-23023 February 2004
Declaration of Sandip Sen in Support of Debtor'S Motion for Authority to Establish Cash-collateralized Letter of Credit Program and Facility to Secure Gas Purchases, and to Incur Secured Debt Related Thereto (the Motion)'
ML0403706042004-01-29029 January 2004
Declaration of Michael J. Donnelly in Support for Authority to Establish Cash-Collaterized Letter of Program and Facility to Secure Gas Purchases, and to Incur Secured Debt Related Thereto
ML0403706012004-01-29029 January 2004
Declaration of Raymond X. Welch in Support of Motion for Authority to Establish Cash-Collateralized Letter of Credit Program and Facility to Secure Gas Purchases, and to Incur Secured Debt Related Thereto
ML0400700982003-12-30030 December 2003
Howard, Rice Nemerovski, Canady, Falk & Rabkin Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for November, 2003
ML0400200602003-12-22022 December 2003
Declaration of Grant Guerra in Support of Motion for Order Authorizing the Debtor to Settle Claim No. 13377 Filed by the Presidio Trust
ML0333810452003-11-26026 November 2003
Cooley Godward Llp'S Twenty-Ninth Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period October 1, 2003 - October 31, 2003
ML0331800932003-11-0606 November 2003
Proof of Service
ML0331701792003-10-31031 October 2003
Declaration of Michael J. Donnelly in Support of Pg&E'S Application for Authority to Incur Plan Implementation Expenses in Connection with Certain Financings
DCL-03-133, Full Compliance with Order for Compensatory Measures Related to Fitness-For-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel, Dated 04/29/03 (EA-03-038)2003-10-28028 October 2003
Full Compliance with Order for Compensatory Measures Related to Fitness-For-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel, Dated 04/29/03 (EA-03-038)
ML0331800902003-10-23023 October 2003
Declaration of Jennifer A. Becker in Support of City of Oakland and Port of Oakland'S Motion for Relief from Automatic Stay
ML0331800862003-10-23023 October 2003
Relief from Stay Cover Sheet
ML0328703662003-09-29029 September 2003
Skadden, Arps, Slate, Meagher & Flom Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period August 1, 2003 Through August 31, 2003
ML0327312982003-09-24024 September 2003
(Reorganized) California Power Exchange Corporation'S Limited Objection to Motion for Order Authorizing Pacific Gas and Electric Company to Compromise Claims Against El Paso Natural Gas Company Et Alia and to Enter Into Agreements Resolving
ML0327314402003-09-23023 September 2003
Fact Witness Disclosure of Satellite Senior Income Fund, Satellite Senior Income Fund II and Deutsche Bank Trust Company Americas to Objection to Confirmation of Plan of Reorganization Under Chapter 11 of the Bankruptcy Code for Pacific Gas
ML0327313322003-09-22022 September 2003
Notice of Hearing on Interim Compensation Applications of Professionals and Final Expense Application of Creditors' Committee Members
ML0326810702003-09-16016 September 2003
Declaration of Michael J. Donnelly in Support of Debtor'S Notice of Motion and Motion for Order Approving Debtor'S Execution and Performance Under the Amendment to First Amended and Restated Summary of Terms with Respect to Forbearance and
ML0325412082003-09-11011 September 2003
Order Re Ex Parte Application of Pacific Gas and Electric Company Authorizing Settlement and Withdrawal of Claim of Laguna Irrigation District
ML0325911092003-09-0505 September 2003
Declaration of Joshua Bar-Lev in Support of Debtor'S Motion for Order Authorizing Pacific Gas and Electric Company to Compromise Claims Against El Paso Natural Gas Company Et Alla and to Enter Into Agreements Resolving the Claims
ML0325411442003-09-0404 September 2003
Relief from Stay Cover Sheet - Motion & Notice of Motion of Smud for Relief from Automatic Stay in Litigation
ML0325213432003-08-29029 August 2003
Declaration of Joseph Sauvage in Support of Motion for Authority to Enter Into Certain Hedging Transactions in Connection with Financing Under Proposed Plan of Reorganization, and to Incur Secured Debt Related Thereto
2024-06-07
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1 JAMES L. LOPES (No. 63678)
JEFFREY L. SCHAFFER (No. 91404) 2 GARY M. KAPLAN (No. 155530) 3 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN I 4 A Professional Corporation 5 Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 6 Telephone: 415/434-1600 Facsimile: 415/217-5910 7
8 Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 9
10 UNITED STATES BANKRUPTCY COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION HowmD 13 CAWK 14 In re Case No. 01-30923 DM 15 16 PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a California corporation, 17 Date: September 26, 2003 Debtor. Time: 10:30 a.m.
18 Place: 235 Pine Street, 22nd Floor 19 San Francisco, California Federal I.D. No. 94-0742640 Judge: Hon. Dennis Montali 20 21 22 DECLARATION OF WALTER HULSE IN SUPPORT OF MOTION FOR AUTHORITY TO ENTER INTO CERTAIN HEDGING TRANSACTIONS IN 23 CONNECTION WITH FINANCING UNDER PROPOSED PLAN OF 24 REORGANIZATION. AND TO INCUR SECURED DEBT RELATED THERETO 25 26 27 28 /K ba~o0l
- 1. I am a Managing Director of UBS Securities LLC (including any reference 2 to its prior name of UBS Warburg LLC, hereinafter referred to as "UBS Securities"), an 3
affiliate of UBS AG, which is a proposed counterparty with respect to the Interest Rate 4
5 Hedges that Pacific Gas and Electric Company, the debtor in the above-captioned 6 bankruptcy case ("PG&E"), seeks authority to enter into pursuant to PG&E's Motion For 7 Authority To Enter Into Certain Hedging Transactions In Connection With Financing Under 8
9 Proposed Plan Of Reorganization, And To Incur Secured Debt Related Thereto (the 10 "Motion').' I make this declaration (this "Declaration") in support of the Motion and in 11 support of a finding that UBS AG has acted in "good faith," as such term is defined in 12 Section 364(e) of the Bankruptcy Code, in entering into Interest Rate Hedges and Hedge How 13 CA 14, Agreements with PG&E as described in the Motion. This Declaration is based on my 15 personal knowledge (except as to any matters stated on information and belief, and as to 16 such matters, I am informed and believe they are true) and upon my review of the Motion. If 17 called as a witness, I could and would testify competently to the facts stated herein.
18
- 2. UBS Securities, an affiliate of UBS AG, and certain other affiliates of UBS 19 20 AG (collectively, "UBS"), have provided and may in the future provide investment banking 21 and other services to PG&E Corporation (the "Corporation"). In addition, UBS Securities 22 has been retained to provide services as financing and capital markets arranger by the 23 24 California Public Utilities Commission (the "Commission") and Official Committee of 25 Unsecured Creditors (the "Committee" or the "OCC") in connection with their joint plan, 26 27 1 Unless otherwise defined herein, capitalized terms used herein shall have the meanings ascribed to such terms in the Motion.
28 DECLARATION OF WALTER HULSE
I now as amended the Commission's and Committee's Third Plan of Reorganization Under 2 Chapter 11 of the Bankruptcy Code for Pacific Gas and Electric Company dated November 3
6, 2002 (the "Joint Plan"). The terms of UBS Securities' retention by the OCC and the 5 Commission were set forth in the October 2, 2002 engagement letter (the "Engagement 6 Letter") signed by UBS Securities, the OCC and the Commission. The Bankruptcy Court 7
authorized UBS Securities' retention under the Engagement Letter in the October 30, 2002 Order Granting Application of Official Committee of Unsecured Creditors and California 9
10 Public Utilities Commission for Order Authorizing Retention and Employment of UBS 11 Warburg LLC as Financing and Capital Markets Arranger (the "UBS Retention Order").
Through the UBS Retention Order, the Court approved the payment of retainer fees provided HOW4JD 13 AeK/C1A for in the Engagement Letter, including monthly fees and reimbursement of expenses. UBS 14 PRAN 15 Securities also delivered to the OCC a Highly Confident Letter described in Section 2(b) of 16 the Engagement Letter. The compensation received by UBS Securities in connection 17 therewith has been previously disclosed in connection with the applicable applications to the 18 Bankruptcy Court. Each of the foregoing engagements and the fees in connection therewith 19 20 are separate and distinct from the Interest Rate Hedge transactions that are the subject of the 21 Motion.
22 3. As set forth previously in connection with the retention of UBS Securities 23 in this case, UBS has held and may in the future hold debt and/or equity securities issued by 24 25 PG&E, the Corporation, and/or various affiliates.
26 4. Because of the magnitude of PG&E's Chapter 11 case and the relatively 27 large number of parties in interest, it is impractical, if not impossible, for UBS to represent 28 DECLARATION OF WALTER HULSE
I) )
1 that it has disclosed all of its relationships with all of the parties in interest herein; it should 2 be assumed that UBS has or may in the future have substantial commercial relationships 3
with numerous parties in interest in this case that engage in transactions in the financial 4
S markets.
6 5. UBS AG has extensive experience in arranging and engaging in hedging transactions, including transactions of the type defined as "Interest Rate Hedges" in the 8
Motion. Based on such experience, UBS AG is prepared to enter into Interest Rate Hedges 9
10 and Hedge Agreements with PG&E, even though UBS AG is not aware of any substantially 11 similar precedent for the particular Interest Rate Hedges contemplated pursuant to the 12 Motion in view of PG&E's status as a Chapter 11 debtor.
Hs,.A 13 bOVEROM 6. UBS AG has conducted extensive, arms-length negotiations with PG&E A 14 A10 15 regarding the Interest Rate Hedges and the prospective Hedge Agreements, and the final 16 Hedge Agreements that result will be the product of such arms-length negotiations. UBS 17 AG and PG&E have been represented by separate counsel in connection with such 18 negotiations.
19 20 7. UBS believes that any investment-grade-rated financial institution 21 proposed to be a counterparty to any Interest Rate Hedge with PG&E will require (acting on 22 a commercially reasonable basis), as a condition to entering into any Hedge Agreement(s) 23 with PG&E and as a term of such Hedge Agreement(s), the bankruptcy-related terms 24 25 described in the Motion, including, without limitation, (i) that if PG&E requires a 26 counterparty to post collateral to secure PG&E's credit exposure to such counterparty above 27 negotiated threshold levels, PG&E too will be required to post collateral to secure the 28 DECLARATION OF WALTER HULSE
I counterparty's exposure to PG&E and that PG&E will be required to post such collateral on 2 a priming basis under Bankruptcy Code Section 3(d), and (ii) that the counterparty has 3
immediate and self-executing relief from the automatic stay of Bankruptcy Code Section 4,
5 362(a) to enforce its rights and remedies under the Hedge Agreement(s) it enters into with 6 PG&E. UBS believes that the bankruptcy-related provisions that will be included in the 7 Hedge Agreements as described in the Motion arm fair and reasonable based upon the benchmarks and standards for financing transactions with Chapter 11 debtors, and that 9
10 comparable terms would be required by other institutional counterparties (acting on a 11 commercially reasonable basis) if PG&E entered into substantially similar hedge 12 transactions with other institutional counterparties.
13
- 8. UBS has made andwill make no payment promise or undertaking to any 14
-5 officer or director of PG&E, the Corporation or any of their affiliates as a quidpro quo for 16 entering into any Interest Rate Hedges or Hedge Agreements.
17 I declare under penalty of perjury under the laws of the United States of 18 9 .America and the State of California that the foregoing is true and correct. Executed this 29th 20 day of August, 2003 at Summit, New Jersey.
21 22 //4 /4 e 23 -WALTER HULSE 24 25 26 27 28 WD 0903/1.14t991 1/GFF/1099O9SW2
