ML032530398
| ML032530398 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/29/2003 |
| From: | Bane M Deutsche Bank Trust Co Americas, Kelley, Drye & Warren, LLP |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923-DM | |
| Download: ML032530398 (17) | |
Text
1 MARK I. BANE ERIC R. WILSON (CA State Bar No. 192220) 2 KELLEY DRYE & WARREN LLP 101 Park Avenue 3 New York, New York 10178 Telephone: (212) 808-7800
- 4. Facsimile: (212) 80n-7R^7 5 ROBERT C. SHENFELD' REED SMITH CROSBY HEAFEY LLP 6 355 South Grand Avenue Los Angeles, California 90071 7 Telephone: 213) 457-8030 Facsimile: (213) 457-8080 8
Attorneys for SATELLITE SENIOR INCOME FUND, 9 SATELLITE SENIOR INCOME FUND II, and DEUTSCHE BANK TRUST COMPANY AMERICAS, 10 as Successor Administrative Agent 11 UNITED STATES BANKRUPTCY COURT
- 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 In re: Case No.: 0-30923-DM 15 PACIFIC GAS AND ELECTRIC Chapter 11 16 PACIFIC GAS AND ELECTRIC INTERROGATORIES, REQUESTS FOR COMPANY, a California corporation, ADMISSIONS AND REQUESTS FOR 17 PRODUCTION OF DOCUMENTS OF 18 SATELLITE SENIOR INCOME FUND, SATELLITE SENIOR INCOME FUND II, AND 19 Debtor. DEUTSCHE BANK TRUST COMPANY AMERICAS TO PACIFIC GAS AND ELECTRIC 20 COMPANY, PG&E CORPORATION AND THE OFFICIAL COMMITTEE OF UNSECURED 21 CREDITORS 22 [No Hearing Required]
23 PROPOUNDING PARTY: SATELLITE SENIOR INCOME FUND, SATELLITE SENIOR INCOME FUND II, AND DEUTSCHE BANK TRUST COMPANY 24 AMERICAS 25 RESPONDING PARTY: PACIFIC GAS AND ELECTRIC COMPANY, PG&E CORPORATION AND THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS 26 SET NO.: ONE (1) , {nX 27 28 I Admitted pro hac vice.
ba-rI INTERROGATORIES. REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE & DOCUMENTS OF SATELLITE SENIOR INCOME FUND. SATELLITE SENIOR INCOME FUND 11.AND
. WAREN LLP DEUTSCHE BANK TR IMTCOMPANY AMERICAS t": PARKAVENUE W01/WILSE/860580.1 XLWAS V S10M
I Pursuant to Fed.R.Civ.P. 33, 34 and 36, made applicable to this proceeding pursuant to 2 Rules 7033, 7034, 7036 and 9014 of the Fed.R.Bankr.P., and the Discovery Protocol and Trial 3 Scheduling Order on the PG&E/OCC Plan of Reorganization, dated August 8, 2003 (the 4 "isoivey ProtocoP') ind all applicable orders of this Court, Satellite Senior Income Fun.d, 5 Satellite Senior Income Fund II (together, "Satellite"), and Deutsche Bank Trust Company 6 Americas, as successor administrative agent ("Deutsche" and, together with Satellite, the 7 "Claimants"), under that certain reimbursement agreement dated May 1, 1996, by their counsel, 8 Kelley Drye & Warren LLP, hereby request that (a) Pacific Gas and Electric Company, 9 (b) Pacific Gas and Electric Corporation, and (c) the Official Committee of Unsecured Creditors 10 prepare and file answers, separately and fully, in writing and under oath, to these discovery 11 requests and serve a copy of such answers and/or Documents upon the attorneys for Claimants 12 by September 28, 2003, as instructed by paragraph eight (8) of the Discovery Protocol.
13 DEFINITIONS 14 1. "Affiliates" shall have the meaning ascribed in section 101(2) of the Bankruptcy 15 Code.
16 2. "And" as well as "Or" shall be construed disjunctively as well as conjunctively, as 17 necessary, to make the request inclusive rather than exclusive and to bring within the scope of 18 the paragraphs and subparagraphs below Documents which might otherwise be construed to be 19 outside the scope of this request.
20 3. "Bankruptcy Code" shall mean 11 U.S.C. sections 10 1-1330 et seq., as amended.
21 4. "Claims" shall have the definition provided in section 101(5) of the Bankruptcy 22 Code.
23 5. "Claimants" shall mean Deutsche and Satellite, collectively.
24 6. "Class 4(i) Claims" shall mean the Class 4(f) "Prior Bond Claims" as that term is 25 defined in the PG&E/OCC Plan.
26 27 28 Y01WILSE/60580.1 INTERROOATORiES, REQUESTS FOR AMISSIONS AND REQUESTS FOR PRODUcIoN OF WARREN LLP D(CUMENTSOF SATELLITE SENIOR INCOME AND FUND.BANK SATELLTE TRUST SENIOR 11,~~~~~~~~~~~~~~~~~~~~~~~I DEUTSCHE COMPANYINCOME FUND AM'~ERICAS WARREN LLP 141 PARK AVKNUI Wburr.Nt 10178
- 7. "Class 4(f) Objection" shall mean the objection filed by Claimants in the United 2 States Bankruptcy Court for the Northern District of California on or about September 2, 2003 3 and served concurrently with these Requests.
4 8. "Class 5 Claims" shall mean the Class 5 "General Unsure . fire. " as '2ha;to 5 is defined in the PG&E/OCC Plan.
6 9. "Communications" means the transmittal of Information (in the form of facts, 7 ideas, inquiries or otherwise) by any means, including, without limitation, by United States or 8 private mail service, facsimile, memorandum, e-mail, telephone voice mail, hand delivery, 9 computer transmission, conversations in person or by telephone.
10 10. "Concerning" shall be construed to include pertaining to, relating to, responding 11 to, constituting, comprising, containing, setting forth, summarizing, supporting, reflecting, 12 stating, describing, recording, noting, embodying, mentioning, studying, analyzing, discussing, 13 identifying or evaluating, directly or indirectly, or in any way being relevant to the subject 14 matter.
15 11. "Court" shall mean the above-captioned United States Bankruptcy Court for the 16 Northern District of California in which this chapter 11 bankruptcy case is currently pending.
17 12. "Creditor" shall have the definition provided in section 101(10) of the Bankruptcy 18 Code.
19 13. "Deutsche" shall mean Deutsche Bank Trust Company Americas and its past and 20 present Affiliates, Insiders, officers, directors, employees, agents, attorneys, and other 21 representatives.
22 14. "Document" is used in its broadest sense and shall be construed to include any 23 and all writings, whether drafts, preliminary, proposed, or final versions, printed, typed, 24 photographed, computer-generated, graphic or recorded matter of every type and description, 25 however and by whomever prepared, produced, reproduced, disseminated or made, in any form, 26 whether sent or received, including, without limitation, originals (or copies where originals are 27 unavailable) of all writings, letters, e-mail, minutes, correspondence, telegrams, telexes, cables, 28 qY01/WILSE86058.1 -
INTERROGATORIES, REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE & DOCUMENTS OF SATELLITE SENIOR INCOME FUND. SATELLITE SENIOR INCOME FUND WARREN LLP B. ANlt DEUTSC4P BANK TRUST COMPANY AMERICAS 101raK AvENu.
NLtWY=.N1017S
1 bulletins, instructions, notes, sound or video recordings of any type, memoranda, inter-office 2 Communications, including memoranda of telephone, personal or intra office conversations and 3 memoranda of meeting or conferences, studies, analyses, reports, catalogues, results of 4 investigations, contracts, licenses, agreements, working powers, statistical records, kfdvee 5 minutes, books of account, vouchers, invoices, charge slips, time sheets or logs, computer 6 diskettes, tapes or data, stenographers' notebooks, diaries, desk calendars, financial worksheets, 7 telephone bills or records, graphs, summaries, lists, tabulations, charts, maps, diagrams, blue 8 prints, tables, indices, pictures, advertisements, brochures, pamphlets, circulars, trade letters, 9 press releases, checks, check stubs receipts, invoices, vouchers, tape data sheets or data 10 processing cards or discs, or papers or items similar to any of the foregoing, however 11 denominated, now or at any time in your possession, custody, or control. "Documents" shall 12 also include (i) each copy that is not identical to the original or to any other copy and (ii) any 13 tangible thing that is called for, or identified in response to, any request. Without limiting the 14 term "control" as used above, a Document is deemed to be in the control of the responding party 15 if that party has the right to obtain the Document or a copy thereof from another Person or public 16 or private entity having actual possession thereof 17 15. "Effective Date" shall have the definition provided under the PG&E/OCC Plan.
18 16. "Fact" shall include, without limitation, each and every act, omission, transaction, 19 circumstance, contention, occurrence and event.
20 17. "General Unsecured Creditor" shall mean a Creditor holding a Claim against the 21 Debtor's bankruptcy estate that is not secured under section 506 or entitled to priority under 22 section 507 of the Bankruptcy Code.
23 18. "Identify" means as follows:
24 (a) When used in reference to a Person, to state such Person's full name, last 25 known address and telephone number, last known business, last known 26 business address and telephone number, and last known employer and 27 position.
28 YOI/WILSE1860580.- INTERROGATORIES. REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE & DOCUMENTS OF SATELLITE SENIOR INCOME FUND, SATELLITE SENIOR INCOME FUND WARREN LLP 11,AND DEUTSCHE BANK TRUST COMPANY AMERICAS PAIt Avf1wur NEWYaouMNYWb178
1 (b) When used in reference to a Document, to state the type of document (I, 2 letter, memorandum, telegram, chart, etc.), its date, its general subject 3 matter, and to identify each Person who prepared it, each Person who 4 received it, and each Person x spresently has possession, custody or 5 control of it, or, if none, who last had possession, custody or control of it.
6 If any Document was but no longer is in your possession or control, state 7 what disposition was made of it and identify the Person responsible for 8 said disposition.
9 (c) When used in reference to a firm, to state its full name, type of entity (e.g.,
10 corporation, partnership, sole proprietorship, joint venture, etc.), its last 11 known address and telephone number, and the nature of its business.
12 (d) When used in reference to a Communication, to state the manner of 13 Communication (Ig&,personal meeting, telephone conversation, in 14 writing, etc.) the date of the Communication, the place where the 15 Communication occurred, the general substance of the Communication, 16 and to identify each Person who made the Communication, each Person 17 present at the time said Communication was made, and each Person who 18 received said Communication.
19 19. "Impaired" shall have the meaning ascribed in section 1124 of the Bankruptcy 20 Code.
21 20. "Information" shall be expansively construed and shall include, without 22 limitation, facts, data, opinion, images, impressions, concepts and formulas.
23 21. "Insiders" shall have the meaning ascribed in section 101(31) of the Bankruptcy 24 Code.
25 22. "OCC" shall mean the Official Committee of Unsecured Creditors appointed in 26 the above-captioned case by the United States Trustee pursuant to Section 1102 of the 27 28 NY0 1/WILSE1860580.I INTERROGATORIES. REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE & DOCUMENTS OF SATELLITE SENIOR INCOME FUND. SATELLITE SENIOR INCOME FUND WARREN LLP 11.AND DEUTSCHE BANK TRUT c(MrANY .'.:jCAS
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1 Bankruptcy Code, a co-proponent of the PG&E/OCC Plan, and its past and present agents, 2 attorneys and other representatives.
3 23. "Person" shall have the meaning ascribed in section 101(41) of the Bankruptcy 4.. Cede.
5 24. "Petition Date" shall mean April 6, 2001, the date on which PG&E commenced 6 the above-captioned bankruptcy.
7 25. "PG&E" means Pacific Gas and Electric Company, co-proponent of the 8 PG&E/OCC Plan, and its past and present Affiliates, Insiders, agents, attorneys, officers, 9 directors, employees, representatives, subsidiaries and parent corporation.
10 26. "PG&E Corp." shall mean PG&E Corporation, co-proponent of the PG&E/OCC 11 Plan, and its past and present Affiliates, Insiders, officers, directors, employees, agents, 12 attorneys, and other representatives.
13 27. "PG&E/OCC Plan" shall mean that certain Composite of the Plan of 14 Reorganization Under Chapter 11 of the Bankruptcy Code for Pacific Gas and Electric Company 15 Dated June 27, 2003, filed by Respondents in the United States Bankruptcy Court for the 16 Northern District of California, as amended and modified.
17 28. "Possession" shall mean the possession or control of the Respondents, 18 Respondent's agents, employees, representatives, attorneys or any other Person from whom the 19 Respondents might obtain the requested Information or Document.
20 29. "Reimbursement Agreement" means the Reimbursement Agreement (Series B) 21 among Pacific Gas and Electric Company, Cooperatieve Centrale Raiffeisen-Boerenleenbank 22 B.A., "Rabobank Nederland," New York Branch, in its capacity as Issuing Agent and as Co-23 Agent, The Fuji Bank, Limited, acting through its San Francisco Agency, in its capacity as 24 Administrative Agent, and The Banks Named Herein dated as of May 1, 1996.
25 30. "Relating to" means constituting, or directly or indirectly evidencing, mentioning, 26 describing, relating to, referring to, pertaining to, being connected with or reflecting upon the 27 stated subject matter.
28 28WOILSE/860380.1 INTERROGATORIES. REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCION OF XELLEY DRYE DOCUMENTS OF SATELLITE SENIOR INCOME FUND. SATELLITE SENIOR INCOME FUND WARREN LLP 11,AND DEITSCHE BANK TR11S:TCOMPANY AMERICAS 101P.I-m AVENUv NEw Ic,..NYI3M7
1 31. "Respondents" shall mean, individually and collectively, PG&E, PG&E Corp.
2 and the OCC.
3 32. "Requests" shall mean these written requests.
a 33. "Satellite" shall mean Satellite Senior In-come Fund, Sateli-te Senir Incor. Find 5 II, and their past and present Affiliates, Insiders, officers, directors, employees, agents, attorneys, 6 and other representatives.
7 34. "Settlement Motion" shall mean the Notice of Motion and Motion by Pacific Gas 8 and Electric Company for Order (A) Approving Settlement and Support Agreement by and 9 among Plan Proponents and Senior Debt Holders, (B) Authorizing Payment of Pre- and Post-10 Petition Interest to Holders of Undisputed Claims in Certain Classes, (C) Authorizing Payment 1I of Fees and Expenses of Indenture Trustee's and Paying Agents and (D) Authorizing Debtor to 112 Enter into Similar Agreements, dated March 5, 2002 and any Court hearings Concerning or 13 relating to the Settlement Motion.
14 35. "Settlement Order" shall mean the Order on Motion by Pacific Gas and Electric 15 Company for Order (A) Approving Settlement and Support Agreement by and among Plan 16 Proponents and Senior Debt Holders, (B) Authorizing Payment of Pre- and Post-Petition Interest 17 to Holders of Undisputed Claims in Certain Classes, (C) Authorizing Payment of Fees and 18 Expenses of Indenture Trustee's and Paying Agents and (D) Authorizing Debtor to Enter into 19 Similar Agreements, entered on March 27, 2002.
20 36. "Unsecured Claims Settlement" shall mean the Settlement Motion and Settlement 21 Order as incorporated into the PG&E/OCC Plan.
22 37. "You" or "Your" shall mean Respondents.
23
- 24. INSTRUCTIONS 25 1. Respondents are requested to provide all Information, Documents and/or 26 Communications in answer to each request within the knowledge or possession of its agents, 27 attorneys, investigators, or the agents of the foregoing or any other Person who has made such 28: 2Y8O/WILSE/860580.1 INTERROGATORIES, REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF XELLEY DRYE i DOCUMENTS OF SATELLUTE SENIOR INCOME FUND, SATELLITE SENIOR INCOME FUND WARREN LLP 11,AND DEUTSCHE BANK TRUST COMPANY AMERICAS sO; rang VE NY,,.NYO1S
1 Information known to Respondents or from whom Respondents can obtain such Information. If 2 Respondents do not have certain of the requested Information in their immediate possession, 3 Respondents are requested to make reasonable and diligent efforts to obtain such Information, 4 and to describe such efforts and the results thereof in heir ansiwers =f the Infcm.n aticn is not 5 provided.
6 2. Pursuant to paragraph 10 of the Discovery Protocol in the event that any 7 Document, or any portion of any Document, within the scope of a Request is withheld from 8 production upon a claim of privilege, work product, or for any other reason, including, without 9 limitation, such Document was lost, destroyed or otherwise disposed of since its preparation or 10 receipt, you are requested to provide a list identifying each Document so withheld, together with 11 the following no later than October 13, 2003.
12 (a) a statement constituting the basis for any claim of privilege, work product, 13 or other ground of non-disclosure or non-production; 14 (b) if, applicable, the full particulars or circumstances whereby the Document 15 was lost, destroyed or otherwise disposed of; and 16 (c) a brief description of the Document including:
17 (i) the type of Document; 18 (ii) the date of the Document; 19 (iii) the number of pages, attachments, and appendices; 20 (iv) the name(s) of its author(s) or preparer(s) and an identification by 21 employment and title of each such Person; 22 (v) the name(s) of each Person to whom the Document, or a copy 23 thereof, was sent, shown or made accessible, or to whom it was 24 explained, together with an identification of each such Person; 25 (vi) the subject matter of the Document; 26 (vii) last custodian of the Document or copies thereof; and 27 (viii) the paragraph of this Request to which the Document relates.
28 Y01/WILSE1860580.1 INTERROGATORIES. REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE & DOCUMENTS OF SATELLITE SENIOR INCOME FUND, SATELLITE SENIOR INCOME FUND WARREN LLP HI.AND DEUFSCHE BANK TRUST COMP!Y AM'vRlreAS 20e ,R Amur NA toMNYnt7S
1 3. In construing a Request, the singular includes the plural and vice versa; the 2 masculine includes the feminine and neuter genders; the past tense includes the present tense 3 where the clear meaning is not destroyed by the change in tense.
4 4. With respe-t t tht Documnents produced, you shall:
5 (a) produce them as they are kept in the usual course of business or shall 6 organize and label them to correspond with each numbered paragraph and 7 each lettered subparagraph of this Request in response to which such 8 Documents are produced; 9 (b) identify the source of each Document by department, division, and/or 10 Person; and 11 (c) bates stamp or otherwise provide an identifying code on each Document 12 produced.-
13 5. If any of the Documents cannot be produced in full, produce to the extent 14 possible, specifying the reasons for the inability to produce the remainder.
15 6. If not otherwise specified, the Requests should be construed to require all 16 Information, Documents and/or Communications relevant to a Request for the time period of 17 May 1, 2000 to the date of Respondents' responses to the Requests.
18 7. The Requests shall be continuing, and supplemental responses hereto shall be 19 required immediately if Respondents obtain, or learn of the existence of, further or different 20 Information.
21 8. In furnishing responses to the Requests, Respondents are cautioned to omit 22 nothing by way of Information or detail; Claimants will assume that, where Information is not 23 provided, it does not exist and where detail is missing, it cannot be provided.
24 REOUESTS 25 INTERROGATORY NO. 1 Identify each and every Person Respondents may call or 26 intend to call as a witness (expert or otherwise) to testify Concerning Respondents' basis for the 27 separate classifications of Class 4(f) Claims and Class 5 Claims under the PG&E/OCC Plan.
28 YOI/WILSE/860580.1 INTERROOATORIES. REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE & DOCUMENTS OF SATELLITE SENIOR INCOME FUND, SATELLITE SENIOR INCOME FUND WARRFN LLP ILANDOEUTSCIF I.4E-TR'UST LOMP.4Y AMERICAS 1^: PARKAVENUE
I DOCUMENT REQUEST NO. 1 Produce each Document that Respondents expect to 2 introduce at trial in Concerning Respondents' basis for the separate classifications of Class 4(f) 3 Claims and Class 5 Claims under the PG&E/OCC Plan.
4 DOC. T) REQUEST NO 1 Identify each Document that Respondents expect to 5 introduce at trial Concerning Respondents' basis for the separate classifications of Class 4(f) 6 Claims and Class 5 Claims under the PG&E/OCC Plan.
7 INTERROGATORY NO. 2 Identify all Facts Concerning Respondents' basis for the 8 separate classifications of Class 4(f) Claims and Class 5 Claims under the PG&E/OCC Plan.
9 INTERROGATORY NO. 3 Identify each and every Person that Respondents may call 10 or intend to call as a witness (expert or otherwise) Concerning the Class 4(f) Objection.
11 DOCUMENT REQUEST NO. 2 Produce each Document that Respondents expect to 12 introduce at trial Concerning the Class 4(f) Objection.
13 DOC. ID REQUEST NO. 2 Identify each Document that Respondents expect to 14 introduce at trial Concerning the Class 4(f) Objection.
15 INTERROGATORY NO. 4 Identify all Facts that Respondents intend to rely on to 16 refute the claims or allegations raised by the Class 4(1) Objection.
17 INTERROGATORY NO. 5 With respect to each witness identified in Interrogatory 18 Nos. 1 and 3, Identify:
19 (a) His/her current occupation, address and telephone number; 20 (b) The subject matter upon which he/she is expected to testify; and 21 (c) Each factual basis for his/her anticipated testimony.
22 DOCUMENT REQUEST NO. 3 With respect to each expert witness identified in 23 Interrogatory Nos. I and 3, produce a copy of each of the following Documents:
24 (a) Each and every Document or source of Information upon which the expert 25 relies in offering opinion testimony (including, but not limited to, 26 references materials and literature);
27 28 28 IWILSE/860580.1 INTERROGATORIES. REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE & DOCUMENTS OF SATELLITE SENIOR INCOME FUND. SATELLITE SENIOR INCOME FUND WARREN LLP II, AND DEUrSCHE BAN TRUST COMPANY AMERICAS 101 ARKAVEum-
1 (b) Each and every Document generated by or on behalf of the expert with 2 respect to this case; and 3 (c) A copy of the expert's current resume or curriculum vitae.
4 1DOCU-MNT REQUEST NO. 4 With respect to each witness identified n I-nterr oaory 5 Nos. 1 and 3, produce those Documents, if any, which were provided to him/her by Respondents 6 for review.
7 DOC. ID REQUEST NO. 3 With respect to each witness identified in Interrogatory 8 Nos. 1 and 3, Identify each Document, which was provided to him/her by Respondents for 9 review.
10 DOCUMENT REQUEST NO. 5 With respect to each witness identified in Interrogatory 11 Nos. 1 and 3, produce those Documents, if any, which the Person will rely on, refer to, or utilize 12 in any way during his/her testimony.
13 DOC. ID REQUEST NO. 4 With respect to each witness identified in Interrogatory 14 Nos. 1 and 3, Identify each Document, which the Person will rely on, refer to, or utilize in any 15 way during his/her testimony.
16 INTERROGATORY NO. 6 Identify all Facts that support Your contention that Class 5 17 Claims are Impaired.
18 INTERROGATORY NO. 7 Identify all facts to support Your contention that Class 4(f) 19 Claims are not Impaired.
20 INTERROGATORY NO. 8 Describe in detail the treatment to be provided to certain 21 Creditors pursuant to the Unsecured Claims Settlement.
22 INTERROGATORY NO. 9 Identify each and every Creditor that is to receive the 23 treatment provided pursuant to the Unsecured Claims Settlement including, but not limited to, a 24 fixed rate of interest.
25 INTERROGATORY NO. 10 For each Creditor identified in response to Interrogatory 26 No. 9, Identify the type of Claim(s) the Creditor holds on account of which the Creditor is to 27 28 01WILSEE860580.1 -I-INTERROGATORIES. REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE & DOCUMENTS OF SATELLITE SENIOR INCOME FUND. SATELLITE SENIOR INCOME FUND WARREN LP II, AND DEUITSCHE BANK TRUST COMPAVY AMERICAS 1 rAnK AViUE rta YOur NY 30o18
I receive the treatment provided pursuant to the Unsecured Claims Settlement (i.e., general 2 unsecured, unsecured priority, administrative or secured).
3 INTERROGATORY NO. 11 For each Creditor identified in response to Interrogatory 4 No. 9, Identify the class(es) of C!aims under the PG&E/OCC Plan .v.ich the Creditors 5 claim(s), on account of which the Creditor is to receive the treatment provided pursuant to the 6 Unsecured Claims Settlement, is included.
7 INTERROGATORY NO. 12 Identify all Creditors holding Class 5 Claims that are 8 receiving the treatment to be provided to certain Creditors pursuant to the Unsecured Claims 9 Settlement including, but not limited to, a fixed rate of interest.
10 INTERROGATORY NO. 13 Identify all Creditors holding Class 5 Claims that are not 11 receiving the treatment to be provided to certain Creditors pursuant to the Unsecured Claims 12 Settlement including, but not limited to, a fixed rate of interest.
13 INTERROGATORY NO. 14 Identify all General Unsecured Creditors excluding General 14 Unsecured Creditors holding Class 5 Claims that are receiving the treatment to be provided to 15 certain Creditors pursuant to the Unsecured Claims Settlement including, but not limited to, a 16 fixed rate of interest.
17 INTERROGATORY NO. 15 Identify all General Unsecured Creditors excluding General 18 Unsecured Creditors holding Class 5 Claims that are not receiving the treatment to be provided 19 to certain Creditors pursuant to the Unsecured Claims Settlement including, but not limited to, a 20 fixed rate of interest.
21 INTERROGATORY NO. 16 Identify all General Unsecured Creditors with contracts 22 with PG&E that provide for the payment of a fluctuating rate of interest that will receive a fixed 23 rate of interest pursuant to the Unsecured Claims Settlement.
24 INTERROGATORY NO. 17 Identify all General Unsecured Creditors with contracts 25 with PG&E that provide for a fluctuating rate of interest that will receive a fluctuating rate of 26 interest under the PG&E/OCC Plan.
27 28 Y01W1LSE1560580.I INTERROGATORIES. REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE DOCUMENTS OF SATELLITE SENIOR INCOME FUND, SATELLITE SENIOR INCOME FUND WARREN LP I. AND DEUTSCHE BANK TRUST COMPANY ARICAS Nk-Yowr.'Y1os4
1 INTERROGATORY NO. 18 Identify all Facts Concerning Your failure to provide 2 Creditors holding Class 4(f) Claims the treatment to be provided to certain Creditors pursuant to 3 the Unsecured Claims Settlement including, but not limited to, a fixed rate of interest.
4 REQIJFST TO AD-NT NO. 1 Adnit that Class 4(f) Claims and Class 5 Claims are 5 "substantially similar" claims as that term is used in section 1122(a) of the Bankruptcy Code.
6 INTERROGATORY NO. 19 If you do not unequivocally admit Request to Admit No. 1, 7 Identify all Facts upon which You base Your response.
8 REQUEST TO ADMIT NO. 2 Admit that there is no business or economic justification 9 for the separate classification of Class 4(f) Claims and Class 5 Claims under the PG&E/OCC 10 Plan.
11 INTERROGATORY NO. 20 If You do not unequivocally admit Request to Admit No. 2
.12 Identify all Facts upon which You base Your response.
13 REQUEST TO ADMIT NO. 3 Admit that the reason certain Creditors are receiving the 14 treatment to be provided pursuant to the Unsecured Claims Settlement including, but not limited 15 to a fixed rate of interest, and Creditors holding Class 4(f) Claims are not receiving such 16 treatment is because "[the Debtor] had adequate support for [sic] the plan ... and [Class 4(f)]
17 wasn't needed to accomplish the necessary vote to support [the] plan" as testified to by Peter 18 Darbee on November 20, 2002.
19 REQUEST TO ADMIT NO. 4 Admit that at the March 25, 2002 hearing on the Unsecured 20 Claims Settlement, the Court stated that "if the debtor consensually has said to this group, the 21 senior bondholder, we'll pay you seven plus interest rather than what Mr. Kornberg says could 22 maybe be four or three, then they've set the level of interest and if other classes at confirmation 23 are entitled to interest, it - they'll have to get that amount, too."
24 REQUEST TO ADMIT NO. 5 Admit that at the March 25, 2002 hearing on the Unsecured 25 Claims Settlement, the Court stated that "If that provision is a - part of the deal with Class 5, and 26 other people like the fire suppression claims and tort claims come along and say, we're entitled 27 to the same treatment, then that's - the debtor's going to have to live with that."
28 28OIIWILSE/860580.1 INTERROGATORIES, REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE & DOCUMENTS OF SATELLITE SENIOR INCOME FUND, SATELLITE SENIOR INCOME FUND WARREN LLP IL AND DEU1SCHE BANK TRUST COMPANY AMERICAS 101I Ri AVzNUE NYI1W7h NEWVYORm;
I REQUEST TO ADMIT NO. 6 - Admit that Respondents understood the statements made by 2 the Court quoted in Request to Admit No. 4 and Request to Admit No. 5 to mean that, if at 3 confirmation Class 5 Claims are given a fixed rate of interest under a plan of reorganization and 4 holders of ClAims other than Class 5 Claims are entitled to the payment of interest, other clsses 5 of Claims under a plan would be entitled to a fixed rate of interest.
6 INTERROGATORY NO. 21 If You do not unequivocally admit Request to Admit No. 6 7 Identify Respondent's understanding of the statements made by the Court quoted in Request to 8 Admit No. 4 and Request to Admit No. 5.
9 REQUEST TO ADMIT NO. 7 Admit that Exhibit A is a true and correct copy of the 10 Indenture of Trust Between California Pollution Control Financing Authority and Bankers Trust II Company, as Trustee dated as of May 1, 1996, Relating to $160,000,00 California Pollution 12 Control Financing Authority Pollution Control Refunding Revenue Bonds (Pacific Gas and 13 Electric Company) 1996 Series B.
14 DOCUMENT REQUEST NO. 6 If You do not unequivocally admit Request to Admit No. 7 15 produce the Indenture of Trust Between California Pollution Control Financing Authority and 16 Bankers Trust Company, as Trustee Dated as of May 1, 1996, Relating to $160,000,00 California 17 Pollution Control Financing Authority Pollution Control Refunding Revenue Bonds (Pacific Gas 18 and Electric Company) 1996 Series B.
19 REQUEST TO ADMIT NO. 8 Admit that Exhibit B is a true and correct copy of the 20 Reimbursement Agreement.
21 DOCUMENT REQUEST NO. 7 If You do not unequivocally admit Request to Admit No. 8 22 produce the Reimbursement Agreement.
23 REQUEST TO ADMIT NO. 9 Admit that Exhibit C is a true and correct copy of the 24 Irrevocable Letter of Credit No. SB13423 from Cooperatieve Centrale Raiffeisen-25 Boerenleenbank B.A. ("Rabobank Nederland"), New York Branch to Bankers Trust Company, 26 as Trustee dated as of May 23, 1996.
27 28 Y01IWILSE1860580.1 INTERROGATORIES. REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE & DOCUMENTS OF SATEITE SENIOR INCOME FUND. SATELUTE SENIOR INCOME FUND WARREN LIt 1, AND DEUrSCHE BANK TRUSr COMPANY AMERICAS 201PAnKAV9NUE NrwYatMY 0r7
1 DOCUMENT REQUEST NO. 8 If You do not unequivocally admit Request to Admit No. 9 2 produce the Irrevocable Letter of Credit No. SB 13423 from Cooperatieve Centrale Raiffeisen-3 Boerenleenbank B.A. ("Rabobank Nederland"), New York Branch to Bankers Trust Company, 4 a Trustee dated as of May 23, 1996.
.5 REQUEST TO ADMIT NO. 10 Admit that Exhibit D is a true and correct copy of the 6 Remarketing Agreement between Pacific Gas and Electric Company and J.P. Morgan Securities 7 Inc. dated as of May 23, 1996.
8 DOCUMENT REQUEST NO. 9 If You do not unequivocally admit Request to Admit No.
9 10, produce the Remarketing Agreement between Pacific Gas and Electric Company and J.P.
10 Morgan Securities Inc. dated as of May 23, 1996.
11 REQUEST TO ADMIT NO. 11 Admit that Deutsche is the successor administrative agent 12 under the Reimbursement Agreement pursuant to the Instrument of Appointment and 13 Acceptance dated as of June 13, 2002 attached hereto as Exhibit E.
14 INTERROGATORY NO. 22 If You do not unequivocally admit Request to Admit No.
15 11, Identify all Facts upon which You base Your response.
16 REQUEST TO ADMIT NO. 12 Admit that on the Effective Date, pursuant to, among other 17 applicable provisions, section 2(a) of the Reimbursement Agreement, PG&E is required to pay to 18 the administrative agent, or any successor administrative agent, "any and all reasonable 19 expenses" incurred by the administrative agent, or any successor administrative agent, in 20 enforcing any rights it may have against PG&E under the Reimbursement Agreement including, 21 but not limited to, attorneys' fees and costs.
22 23 24 25 26 27 28 YOIIWILSI60580.1 .15-INTERROGATORIES. REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE & DOCUMENTS OF SATELLITE SENIOR INCOME FUND. SATELUTE SENIOR INCOME FUND WARREN LLP 11.AND DEUTSCHE PRANKTRUST COMPANY AMERICAS New YoJ. NY 1017
I 2 INTERROGATORY NO. 23 If You do not unequivocally admit Request to Admit No. 6 3 Identify all Facts upon which You base Your response.
4 S DATED: August 29, 2003 IKELLEY DRYE & WARREN LLP 6
7
// Mark 1.Bane 8 Attdrneys for SATELLITE SENIOR INCOME FUND, SATELLITE SENIOR 9 INCOME FUND II, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as 10 Successor Administrative Agent 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'Y011WILSE/860580.1 INTERROGATORIES, REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF KELLEY DRYE & DOCUMENTS OFSATELLITE SENIOR INCOME FUND, SATELLITE SENIOR INCOME FUND WARREN LLP 11.AND DEUITSCHE BANK TRUST COMPrsi'Y AMERI"AS 101 PARK ANUE NEWYOrn NY 1017
1 EXHIBITS 2 To obtain copies of the Exhibits please contact counsel for SATELLITE SENIOR INCOME FUND, SATELLITE SENIOR INCOME FUND II, and DEUTSCHE BANK TRUST 3 COMPANY AMERICAS:
4 Eric R. Wilson, Esq.
5 Kelley Drye & Warren LLP 101 Park Avenue 6 New York, New York 10178 Telephone: (212) 808-5087 7 Facsimile: (212) 808-7897 8
9 10 11 12 13 14 15 I 16 17 18 19 20 21 22 23 24 25 26 27 28 INTERROGATORIES, REQUESTS FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF XELLEY DRYE & DOCUMENTS OF SATELLITE SENIOR INCOME FUND. SATELLITE SENIOR INCOME FUND 11.AND WARREN LLP DEUTSCHE BANK TRUST COMPANY AMERICAS 101PARK AVEv4U YO1/WILSE/860580.1 aI N NY10178