ML032731298

(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

ML032731298
Person / Time
Site:	Diablo Canyon
Issue date:	09/24/2003
From:	Werth S California Power Exchange Corp, Kaye Scholer, LLP
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM, 94-0742640
Download: ML032731298 (4)

Text

1 MARC S. COHEN, Bar Number 065486 ASHLEIGH A. DANKER, Bar Number 138419 2 STEVEN F. WERTH, Bar Number 205434 KAYE SCHOLER LLP 3 1999 Avenue of the Stars, Suite 1700 Los Angeles, California 90067-6048 4 Telephone: (310) 788-1000 <Lr- 3 Fax: (310) 788-1200 J ,

5 Attorneys for the (Reorganized) CALIFORNIA 6 POWER EXCHANGE CORPORATION 7

-8 - . -U- .{E DSTATES DISTRICTCORT- -

9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 1 re1 In ) CASE NO. 01-30923 DM ld PACIFIC GAS AND ELECTRIC ) Chapter 11 Case 13 COMrPANY, a California corporation, .

o ) Date September 29, 2003 I 14 Debtor,, .). Time:; .1:30 p.m..

. ) Place: 235 Pine Street; 22nd Floor

() 15 ) San Francisco, California. -

1w Federal I.D. No. 94-0742640 ) Judge: Hon. Dennis J. Montali

>-. 16 )

Že 17 18 (REORGANIZED) CALIFORNIA POWER EXCHANGE CORPORATION'S LIMITED OBJECTION TO MOTION FOR ORDER AUTHORIZING PACIFIC GAS AND ELECTRIC

-19 COMPANY-TO COPROMISE CLAMS AGAINST-EL-PASONATARAL-GAS---

COMPANY ET ALIA AND TO ENTER INTO AGREEMENTS RESOLVING ALL CLAIMS 20 21 (Reorganized) California Power Exchange Corporation ("CalPX") objects to Pacific Gas and 22 Electric Company's (the "Debtor's") Motion for Order Authorizing Pacific Gas and Electric 23 Company to Compromise Claims Against El Paso Natural Gas Company: Et Alia and to Enter into 24 Agreements Resolving All Claims (the "Motion") on the following limited basis:

25 1. The Motion provides, among other things, that Claim No. 8837 filed against the 26 Debtor by El Paso Merchant Energy, L.P. in the face amount of $57,493,499.83 shall be released as 27 part of the proposed settlement. As described in the Motion, Claim No. 8837 represents "the amount 28 231 15320.WPD REORGANIZED) CALFORNIA POWER EXCHANGE CORPORATION'S LIMFTED OBJECTION TO MOTION FOR ORDER AUTHORIZING PACIFIC GAS AND ELECTRIC COMPANY TO COMPROMISE CLAIMS AGAINST EL PASO NATURAL GAS COMPANY ET AUA AND TO ENTER INTO AGREEMENTS RESOLVING ALL CLAIMS

1 PG&E allegedly owes [El Paso] for sales of power to PG&E through the California ISO and the 2 CaliforniaPX(Claim No. 0008837)." Motion, p. 7 (emphasis added).

3 2. CalPX has filed Claim No. 13282, amending Claim No. 7411, against the Debtor ik 4 -the amountlof $ 1.778,979543.96 (the "CaIPX Claim"). In accordance with the tarifffor CaIPX 5 approved by the Federal Energy Regulatory Commission ("FERC'), the CaIPX Claim includes all 6 amounts owed by the Debtor to CalPX on account of the Debtor's unpaid prepetition purchases in 7 CaIPX's electricity markets from other participants in CalPX's markets, including El Paso Merchant

-Energy, L.P. Due to ongoing refund proceedings before FERC, the amount of the CaIPX Claim may 9 be subject to adjustment by FERC.

10 3. CalPX objects to the Motion only to the extent that the Motion, particularly the 11 release of Claim No. 8837, attempts to reduce the amount of or otherwise impact the CalPX Claim.

12 Provided the Debtor clarifies that the proposed release of Claim No. 8837 does not in any way 13 impact or prejudice the CalPX Claim, Ca!PX has no objection to the Motion., If the Debtor contends 14 that the release of Claim No. 8837 does impact the CaIPX-Claim, then CalPX objects to the Motion 15 on the grounds that only FERC may determine the amount of the CalPX Claim Li

>-. 16 17 18 Dated: September 24,2003 KAYE SCHOLER LLP 19-- -

20 By: E (. ,) J_

Steven F. Werth 21 Attorneys for the (Reorganized) CALIFORNIA POWER EXCHANGE CORPORATION 22 23 24 25 26 27 28 23115320.WD RESOLGAZED CAIMSIM POWEI CH OO RAMOlS I D OBE MOMN FOR ORDER AUTMRZ PACIC GAS AIM EISLRIC COWIAWYTO COWMM CatM AGANI EL PASO NATUL GAS CCWMY Ur AMI ANDTO ?IER DNW0AGRE RESLVIGAIL UM

1 ' PROOF OF SERVICE 2 STATE OF CALIFORNIA )

)Ss.

3 COUNTY OF LOS ANGELES )

4 I am employed in the County of Los Angeles, State of California.- I am over the age of 18 and not a party to the within action. My business address is 1999 Avenue of the StarsSuite 170, Los

5 Angeles, California 90067-6048.

6 On September ' 2003, I served the foregoing document described as (REORGANIZED)

CALIFORNIA POWER EXCHANGE CORPORATION'S LIMITED OBJECTION TO '-:

7 MOTION FOR ORDER AUTHORIZING PACIFIC GAS AND ELECTRIC COMPANY TO COMPROMISE CLAIMS AGAINST EL PASO NATURAL GAS COMPANY ET ALIA AND TOZNTUNTAGREE ENTS-RESOLV LL-CLAtI onteintsted-parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows:

9 10 [SEE ATTACHED SERVICE LIST]

12 X (BY MAIL) In accordance with the regular mail collection and processing practices pf this business office, with which I am familiar, by means of which mail is deposited with the 13 - United States Postal Service at Los Angeles, California that same day in the ordinary course of business, I deposited such sealed envelope for collection and mailing on this same date 14 following ordinary business practices.

15 FEDERAL X I declare that I am employed in the office of a member of the bar of this Court at whose 16 direction the service was made.

17 I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct.

18 1 Executed on SeptembeirZ~e 2003, at Los Angeles, California.

I -

20 20 TERESA C. KENT 7 21 Name Signature 22

.23 24 25 26 27 28 231 15320.WPD REORGANIZED) CALIFORNIA POWER EXCHANGE CORPORATIONS LMI3ED OBJECTION TO MOTION FOR ORDER AUTHORIZING PACIFIC GAS AND ELECTRIC COMPANY TO COMPROMISE CLAIMS AGAINST EL PASO NATURAL GAS COMPANY ET AUA AND TO ENTER INTO AGREEMENTS RESOLVING ALL CLAIMS

SPECIAL NOTICE LIST As of September 17, 2003 Adam A. Lewis Morrison & Foerster 425 Market Street, 33rd Floor San Francisco, California 94105

[Counsel for El Paso, Idaho Power)

Adolfo M. Corona Dowling, Aaron & Keeler 6051 North Fresno Street, Suite 200 Fresno, California 93710

[Counel for Westcal, Inc.]

Adrienne Vadell Sturges Sodexho Marriott Services, Inc.

9801 Washingtonian Boulevard, 12th Floor Gaithersburg, MD 20878 Alan Kolod Moses & Singer LLP 1301 Avenue of the Americas 40th Floor New York, NY 10019

[Counsel for Bankers Trust Company]

Alan Z. Yudowsky Anne E. Wells Stroock & Stroock & Lavan LLP 2029 Century Park East, Suite 1800 Los Angeles, California 90067

[Counsel for Sempra Energy Trading Corp]

Alex Makler Calpine Greenleaf, Inc.

4160Dublin Bvd -

Dublin, CA 94568-7755 Alexis S. Col Simpson Thacher & Bartlett LLP 3330 Hiliview Avenue Palo Alto, California 94117

[Counsel for Lehman Commercial Paper, Inc.]

Allan H. Ickowitz Donna M. Balbin Nossarna, Guthner, Knox & Elliott 445 South Figueroa Street, 31st Floor Los Angeles, California 90071

[Counsel for City of Redwood City, California]

WD 04260111-1419901/gfft7913334/vI