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Category:Letter
MONTHYEARDCL-24-083, CFR Part 21 Notification: Commercially Dedicated Snubber Valve Not Properly Heat Treated2024-09-0909 September 2024 CFR Part 21 Notification: Commercially Dedicated Snubber Valve Not Properly Heat Treated DCL-24-078, Pre-Notice of Disbursement from Decommissioning Trust2024-09-0303 September 2024 Pre-Notice of Disbursement from Decommissioning Trust DCL-24-082, Decommissioning Draft Biological Assessment and Draft Essential Fish Habitat Assessment2024-08-28028 August 2024 Decommissioning Draft Biological Assessment and Draft Essential Fish Habitat Assessment IR 05000275/20243012024-08-26026 August 2024 NRC Examination Report 05000275/2024301; 05000323/2024301 IR 05000275/20240052024-08-22022 August 2024 Updated Inspection Plan for Diablo Canyon Power Plant, Units 1 and 2 (Report 05000275/2024005 and 05000323/2024005) DCL-24-075, Response to Request for Additional Information for License Amendment Request 23-02, Application to Adopt 10 CFR 50.69, “Risk-Informed Categorization and Treatment of Structures, Systems and Components for Nuclear Power React2024-08-0808 August 2024 Response to Request for Additional Information for License Amendment Request 23-02, Application to Adopt 10 CFR 50.69, “Risk-Informed Categorization and Treatment of Structures, Systems and Components for Nuclear Power React IR 05000275/20240022024-08-0606 August 2024 Integrated Inspection Report 05000275/2024002 and 05000323/2024002 DCL-24-070, License Amendment Request 24-03 Revision to Technical Specification 5.5.16 for Permanent Extension of Type a and Type C Leak Rate Test Frequencies2024-07-31031 July 2024 License Amendment Request 24-03 Revision to Technical Specification 5.5.16 for Permanent Extension of Type a and Type C Leak Rate Test Frequencies DCL-24-071, Core Operating Limits Report for Unit 2 Cycle 252024-07-22022 July 2024 Core Operating Limits Report for Unit 2 Cycle 25 DCL-2024-523, Submittal of Report on Discharge Self-Monitoring2024-07-18018 July 2024 Submittal of Report on Discharge Self-Monitoring ML24187A1352024-07-16016 July 2024 Letter to Paula Gerfen - Diablo Canyon Units 1 and 2 - Summary of June 2024 Audit Related to the License Renewal Application Severe Accident Mitigation Alternatives Review IR 05000275/20240142024-07-11011 July 2024 Age-Related Degradation Inspection Report 05000275/2024014 and 05000323/2024014 IR 05000275/20244012024-07-0808 July 2024 Security Baseline Inspection Report 05000275/2024401 and 05000323/2024401 (Full Report) IR 05000323/20240112024-07-0303 July 2024 License Renewal Phase Report 05000323/2024011 DCL-2024-527, Sea Turtle Stranding Report (Loggerhead Sea Turtle) Diablo Canyon Power Plant2024-07-0101 July 2024 Sea Turtle Stranding Report (Loggerhead Sea Turtle) Diablo Canyon Power Plant DCL-24-066, Request to Extend the Nrg Approval of Alternative for Use of Full Structural Weld Overlay, REP-RHR-SWOL2024-06-27027 June 2024 Request to Extend the Nrg Approval of Alternative for Use of Full Structural Weld Overlay, REP-RHR-SWOL ML24155A2182024-06-18018 June 2024 OEDO-23-00350-NRR - (LTR-23-0228-1) - Closure Letter - 10 CFR 2.206 Petition from Mothers for Peace and Friends of the Earth Regarding Diablo Canyon ML24129A1762024-06-14014 June 2024 National Historic Preservation Act Section 106 Consultation – Results of Identification and Evaluation (Docket Number: 72-026) ML24200A2052024-06-0707 June 2024 Fws to NRC, List of Threatened and Endangered Species That May Occur in Your Proposed Project Location or May Be Affected by Your Proposed Project for Diablo Canyon License Renewal ML24099A2192024-05-29029 May 2024 Plants, Units 1 and 2 Issuance of Amendment Nos. 245 and 247 Revision to TSs to Adopt TSTF-505, Revision 2, Provide Risk-Informed Extended Completion Times - RITSTF Initiative 4b ML24117A0132024-05-20020 May 2024 Letter to Paula Gerfen-Diablo Canyon Units 1 and 2-Regulatory Audit Regarding Severe Accident Mitigation Alternatives for the License Renewal Application DCL-24-052, Responses to NRC Requests for Additional Information on the Diablo Canyon Power Plant License Renewal Application Environmental Report2024-05-16016 May 2024 Responses to NRC Requests for Additional Information on the Diablo Canyon Power Plant License Renewal Application Environmental Report DCL-24-051, One Hundred Eighty Day Steam Generator Report for Twenty-Fourth Refueling Outage2024-05-0808 May 2024 One Hundred Eighty Day Steam Generator Report for Twenty-Fourth Refueling Outage ML24127A2042024-05-0202 May 2024 02May2024 Ltr - California Coastal Commission to Pg&E, Coastal Development Permit Needed for Pg&E’S Proposed Relicensing of Diablo Canyon Nuclear Power Plant DCL-24-049, 2023 Annual Radiological Environmental Operating Report2024-05-0101 May 2024 2023 Annual Radiological Environmental Operating Report DCL-24-047, 2023 Annual Non-radiological Environmental Operating Report2024-05-0101 May 2024 2023 Annual Non-radiological Environmental Operating Report L-24-004, Independent Spent Fuel Storage Installation - Responses to NRC Requests for Additional Information on the Diablo Canyon Independent Spent Fuel Storage Installation License Renewal Application (Cac/Epid 001028/L-2022-RNW-0007)2024-04-30030 April 2024 Independent Spent Fuel Storage Installation - Responses to NRC Requests for Additional Information on the Diablo Canyon Independent Spent Fuel Storage Installation License Renewal Application (Cac/Epid 001028/L-2022-RNW-0007) DCL-24-048, O CFR 50.59 and 1 O CFR 72.48 Summary Report for the Period of January 1, 2022, Through December 31, 20232024-04-30030 April 2024 O CFR 50.59 and 1 O CFR 72.48 Summary Report for the Period of January 1, 2022, Through December 31, 2023 DCL-24-027, 2023 Annual Radioactive Effluent Release Report2024-04-28028 April 2024 2023 Annual Radioactive Effluent Release Report DCL-24-045, Annual Report of Occupational Radiation Exposure for 20232024-04-24024 April 2024 Annual Report of Occupational Radiation Exposure for 2023 IR 05000275/20240012024-04-23023 April 2024 Integrated Inspection Report 05000275/2024001 and 05000323/2024001 ML24114A2032024-04-22022 April 2024 Request for Information for EP Program and Performance Indicator Verification Inspection (Wolf Creek Nuclear Generating Station) Inspection Report 05000482/2024003 ML24106A2892024-04-18018 April 2024 Letter to Paula Gerfen - Diablo Canyon Units 1 and 2 - Summary of March 2024 Audit Regarding the Environmental Review of the License Renewal Application ML24106A2882024-04-18018 April 2024 License Renewal Application Environmental Review RCIs and RAIs DCL-24-042, Response to NRC Regulatory Issue Summary 2024-01, Preparation and Scheduling of Operator Licensing Examinations2024-04-17017 April 2024 Response to NRC Regulatory Issue Summary 2024-01, Preparation and Scheduling of Operator Licensing Examinations ML24108A1122024-04-15015 April 2024 License Amendment Request 24-02 Request for Approval of DCPP Early Warning System to Meet 10 CFR 73.55(i)(2) and 10 CFR 73.55(e)(9)(vi)(A) DCL-24-022, Notification of Changes to Decommissioning Schedule2024-04-0202 April 2024 Notification of Changes to Decommissioning Schedule DCL-24-023, Revised Certification of Permanent Cessation of Power Operations2024-04-0202 April 2024 Revised Certification of Permanent Cessation of Power Operations DCL-24-031, Decommissioning Funding Report2024-03-27027 March 2024 Decommissioning Funding Report DCL-24-032, 2024 Annual Statement of Insurance for Pacific Gas and Electric Company’S Diablo Canyon Power Plant2024-03-27027 March 2024 2024 Annual Statement of Insurance for Pacific Gas and Electric Company’S Diablo Canyon Power Plant ML24082A2592024-03-25025 March 2024 Notice of Enforcement Discretion for Diablo Canyon Power Plant, Unit 2 (EPID L-2024-LLD-0002) - March 25, 2024 ML24081A0462024-03-22022 March 2024 Audit Summary in Support of the License Amendment Request to Adopt TSTF-505, Revision 2, Provide Risk-Informed Extended Completion Times - RITSTF Initiative 4b ML24081A4052024-03-21021 March 2024 Request for Enforcement Discretion Regarding Compliance with Technical Specification 3.0.3, Limiting Condition for Operation Applicability DCL-24-028, Request for Enforcement Discretion Regarding Compliance with Technical Specification 3.0.3, Limiting Condition for Operation Applicability2024-03-21021 March 2024 Request for Enforcement Discretion Regarding Compliance with Technical Specification 3.0.3, Limiting Condition for Operation Applicability ML24065A1312024-03-20020 March 2024 ISFSI Renewal RAI Transmittal Letter IR 05000275/20244032024-03-12012 March 2024 Cyber Security Inspection Report 05000275/2024403 and 05000323/2024403 (Cover Letter) ML24071A1742024-03-0404 March 2024 Email - (External_Sender) Shutdown Petition to NRC Commissioners ML24065A3662024-03-0404 March 2024 Notification of Site Inspection for License Renewal and Request for Information Inspection (05000323/2024011) DCL-24-018, License Amendment Request 24-01 Revision to Technical Specification 5.6.6, Reactor Coolant System (RCS) Pressure and Temperature Limits Report (PTLR)2024-02-28028 February 2024 License Amendment Request 24-01 Revision to Technical Specification 5.6.6, Reactor Coolant System (RCS) Pressure and Temperature Limits Report (PTLR) IR 05000275/20230062024-02-28028 February 2024 Annual Assessment Letter for Diablo Canyon Power Plant, Units 1 and 2 (Report 05000275/2023006 and 05000323/2023006) 2024-09-09
[Table view] Category:Status Report
MONTHYEARDCL-22-080, Material Status Report for the Period Ending August 31, 20222022-09-28028 September 2022 Material Status Report for the Period Ending August 31, 2022 DCL-22-023, Decommissioning Funding Report for Diablo Canyon Power Plant, Units 1 and 22022-03-30030 March 2022 Decommissioning Funding Report for Diablo Canyon Power Plant, Units 1 and 2 DCL-20-086, Material Status Report for the Period Ending August 31, 20202020-10-14014 October 2020 Material Status Report for the Period Ending August 31, 2020 DCL-19-085, Material Status Report for the Period Ending August 31, 20192019-10-17017 October 2019 Material Status Report for the Period Ending August 31, 2019 ML19182A3562019-07-23023 July 2019 Quarterly Report on the Status of Public Petitions Under Title 10 of the Code of Federal Regulations, Section 2.206 - April 1 to June 30, 2019 DCL-16-025, Sixth Six-Month Status Report in Response to March 12. 2012. Commission Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events (Order Number EA-12-049)2016-02-29029 February 2016 Sixth Six-Month Status Report in Response to March 12. 2012. Commission Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events (Order Number EA-12-049) DCL-16-003, Notification of Full Compliance with Commission Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events2016-01-0505 January 2016 Notification of Full Compliance with Commission Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events DCL-16-002, Notification of Full Compliance with Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051)2016-01-0505 January 2016 Notification of Full Compliance with Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051) DCL-15-098, Pacific Gas and Electric Company'S Fifth Six-Month Status Report in Response to March 12. 2012, Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051)2015-08-26026 August 2015 Pacific Gas and Electric Company'S Fifth Six-Month Status Report in Response to March 12. 2012, Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051) DCL-15-099, Fifth Six-Month Status Report in Response to March 12. 2012. Commission Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events (Order Number EA-12-049)2015-08-26026 August 2015 Fifth Six-Month Status Report in Response to March 12. 2012. Commission Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events (Order Number EA-12-049) DCL-15-026, Fourth Six-Month Status Report in Response to March 12, 2012, Commsission Order Modifying Licesnes with Regard to Requirements for Mititgstion Strategies for Beyond-Design-Basis External Events (Order Number EA-12-049)2015-02-23023 February 2015 Fourth Six-Month Status Report in Response to March 12, 2012, Commsission Order Modifying Licesnes with Regard to Requirements for Mititgstion Strategies for Beyond-Design-Basis External Events (Order Number EA-12-049) DCL-15-028, Fourth Six-Month Status Report in Response to March 12, 2012, Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051)2015-02-23023 February 2015 Fourth Six-Month Status Report in Response to March 12, 2012, Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051) DCL-14-015, Second Six-Month Status Report in Response to March 12, 2012. Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051)2014-02-26026 February 2014 Second Six-Month Status Report in Response to March 12, 2012. Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051) DCL-13-080, Pacific Gas and Electric Company'S First Six-Month Status Report in Response to March 12, 2012, Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051)2013-08-22022 August 2013 Pacific Gas and Electric Company'S First Six-Month Status Report in Response to March 12, 2012, Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051) DCL-13-033, Decommissioning Funding Report2013-04-0101 April 2013 Decommissioning Funding Report ML1214500142012-05-23023 May 2012 NFPA 805 LAR Status Matrix - May 2012 ML0623700082006-05-0202 May 2006 SG Tube Inspection Summary, Table 2 & 3 ML0403400592004-01-28028 January 2004 Second 90-day Status Report for Ncpa V. NRC, No. 03-1184, Dated 01/28/04 ML0330301092003-10-29029 October 2003 Letter to M. Langer, Enclosing First 90-Day Status Report in Case 03-11284 ML0330300722003-10-29029 October 2003 Cover Letter to M. Langer Enclosing 90-Day Status Report, Dated 10/29/03 ML0224007982002-02-0101 February 2002 E-mail from Beth Wetzel Bulletin 2001-01 Status Report ML0224007922002-01-24024 January 2002 E-Mail from Allen Hiser to NRR Re Vhp Nozzle Status Report Update ML0224007812002-01-18018 January 2002 E-mail from Jacob Zimmerman, Bulletin 2001-01 Status Report 2022-09-28
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Text
UNITED STATES C, Ao ' NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 OFFICE OF THE.
GENERAL COUNSEL January 28, 2004 Mark J. Langer, Clerk U. S. Court of Appeals E. Barrett Prettyman U.S. Courthouse 333 Constitution Ave., N.W.
Washington, D.C. 20001 RE: NCPA v. NRC, No. 03-1184
Dear Mr. Langer:
Enclosed you will find an original and one copy of the second 90-day Status Report in the above-reference case. Please date stamp the enclosed copy of this letter to indicate date of receipt, and return the copy to me in the enclosed envelope, postage pre-paid, at your convenience.
Respectfully submitted, Grace H. Kim Senior Attorney Office of the General Counsel
Enclosure:
As stated cc: service list
i 'r UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT Northern California Power Agency )
Petitioner, ).
) No0318 V.
U.S. Nuclear Regulatory Commission )
and United States of America, Respondents.
STATUS REPORT This status report is filed pursuant to this Court's Order dated August 1, 2003, which granted Petitioner's motion to suspend the briefing schedule and hold proceedings in this case in abeyance, pending resolution of the proposed settlement in Intervenor Pacific Gas and Electric Company's ("PG&E") Chapter 11 bankruptcy case, and directed Respondent Nuclear Regulatory Commission ("NRC") to file status reports at 90-day intervals beginning 90 days from the date of the Order. The attached letter from PG&E's counsel details the current status of the proposed settlement agreement in PG&E's bankruptcy case.
Respectfully submitted, Grace H. Kim Senior Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (301) 415-3605
WINSTON & STRAWN LLP 35 WEST WACKER DRIVE 1400 L STREET, N.W. 333 SOUTH GRAND AVENUE CHICAGO, ILLINOIS 60601.9703 WASHINGTON, D.C. 20005-3502 LOS ANGELES, CALIFORNIA 90071-1543 43 RUE DU RHONE 200 PARK AVENUE 1204 GENEVA. SWITZERLAND (202) 371-5700 NEW YORK, NEW YORK 10166-4193 CITY POINT FACSIMILE (202) 371-5950 21 AVENUE VICTOR HUGO 1 ROPEMAKER STREET 75116 PARIS, FRANCE LONDON, EC2Y 9HT '
www.winston.com 101 CALIFORNIA STREET SAN FRANCISCO, CALIFORNIA 94111-5894 DAVID A. REPKA January 23, 2004 (202) 371-5726 drepka~winston.com BY E-MAIL AND FEDERAL EXPRESS John F. Cordes, Jr.
Solicitor U.S. Nuclear Regulatory Commission Mail Stop 0-15D21 11555 Rockville Pike Rockville, Maryland 20852-2738 Re: NCPA v. NRC, D.C. Circuit Case Nos. 03-1038 and 03-1184
Dear Mr. Cordes:
As you know, the U.S. Court of Appeals for the District of Columbia Circuit has held in abeyance the referenced proceedings, pending the approval of a Settlement Agreement in Pacific Gas and Electric Company's ("PG&E") bankruptcy proceeding, which could obviate the need to litigate these appeals. In a pair of Orders dated August 1, 2003, the Court directed that the Nuclear Regulatory Commission ("NRC") file status reports at 90-day intervals. The NRC filed the first status report on October 29, 2003. In view of the upcoming second status report, PG&E herein provides an update as to the bankruptcy settlement.
On December 24, 2003, PG&E notified the Commission that the California Public Utilities Commission ("CPUC") had approved the Settlement Agreement with certain minor modifications and clarifications, that the Settlement Agreement had been executed, and that the Bankruptcy Court had subsequently approved the associated plan of reorganization ("Settlement Plan"). Our letter to the Commission is attached for your information.
In the December 24, 2003 letter, PG&E requested that the NRC continue to hold its license transfer administrative proceeding in abeyance, notwithstanding approval and execution of the Settlement Agreement, in light of the fact that, among other things, the Bankruptcy Court order confirming the Settlement Plan remained subject to appeal. Indeed, since that time, appeals of the Bankruptcy Court order have been filed by the City of Palo Alto and two CPUC Commissioners. In addition, several parties in the CPUC proceeding have filed applications for rehearing by the Commission with respect to the approval of the Settlement Agreement by the CPUC.
WINSTON & STRAWSN LLP John F. Cordes, Jr.
Januaryv.23, 2004 Page 2 As before, PG&E sees no reason to reactive or terminate the NRC proceeding at this time. Likewise, in our view, the stays of the two matters in the Court of Appeals for the D.C. Circuit remain appropriate, pending further developments with respect to implementation of the Settlement Plan.
Please contact me if you have further questions regarding the status of the bankruptcy Settlement Plan.
Sincerely, QaL A7~4 c David A. Repka Counsel for Pacific Gas & Electric Company Enclosure DC:341I618.I
WINSTON& STRAWN iffp i35WEST WACKER DRIVE 1400 L STREET1 N.W. 333 SOUTH GRAND AVENUE
- 4IICAGO, ILLINOIS 60001-9703 WASHINGTON, D
- C. 20005-d502 LOS ANGELES. CALIFORNIA 90071-1543 43 RUE DU RHONE 200 PARK AVENUE 1204 GENEVA. SWITZERLAND (202) 371.5700 NEW YORK, NEW YORK 101664193 CmY POINT FACSIMILE (202) 371-5950 21 AVENUE VICTOR HUGO 1 ROPEMAKER STREET 75116 PARIS, FRANCE LONDON, EC2Y BHT ww.winston.com 101 CALIFORNIA STREET SAN FRANCISCO, CALIFORNIA 941114894 December 24,2003 BY E-MAIL AND U.S. MAIL, FIRST CLASS Nils J. Diaz, Chairman Edward McGaffigan, Jr., Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Jeffrey S. Merrifield, Commissioner U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Re: Pacific Gas & Elec. Co. (Diablo Canyon Power Plant, Units 1 & 2)
Docket Nos. 50-275-LT, 50-323-LT
Dear Commissioners:
In CLI-03-10, the Commission ordered that the captioned license transfer proceeding be held in abeyance in light of a then-tentative settlement of the related Pacific Gas and Electric Company's ('TG&E') bankruptcy proceeding. The effect of the order was to hold in abeyance any decision on a pending application to stay the effect of the NRC Staff license transfer order of May 27, 2003. In CLI-03-10, the Commission directed that PG&E notify the Commission immediately upon final approval or rejection of the tentative settlement agreement.
Pursuant to settlement procedures implemented by.the Bankruptcy Court, PG&E, PG&E Corporation and the CPUC staff announced, on June 20, 2003, a proposed settlement of the PG&E bankruptcy case (the "Settlement Agreement"), involving a plan of reorganization
("Settlement Plan") in place of the plans previously advocated by PG&E and the CPUC. Under the provisions of the Settlement Plan, PG&E would emerge ftom Chapter 11 protection as a vertically integrated utility, subject to the traditional ratemaking jurisdiction of the CPUC.
Implementation of the Settlement Plan would eliminate the need for the NRC license transfers at issue in this matter.
Pursuant to the Settlement Agreement, in July 2003, PG&E and the Official Committee of Unsecured Creditors ("OCC") jointly filed the Settlement Plan for confirmation by the Bankruptcy Court. The Bankruptcy Court conducted trial on confirmation of the Plan in November 2003. Thereafter, on December .12, 2003, Judge Montali issued a Memorandum
.; WINSTON & STRAWN imi Commissioners December 24, 2003 Page 2 Decision approving the Settlement Agreement.1 In this decision, Judge Montali stated that the court would enter a separate Confirmation Order confirming the Settlement Plan, provided the CPUC subsequently approved the Settlement Agreement.
The CPUC considered the Settlement Agreement in parallel with the Bankruptcy Court proceeding. On December 18, 2003, the CPUC approved the proposed Settlement Agreement with certain minor modifications and clarifications ("Modified Settlement Agreement"). 2 PG&E, PG&E Corporation, and the CPUC thereafter signed the Modified Settlement Agreement on December 19, 2003. The Modified Settlement Agreement preserves the fundamental elements of the Settlement Agreement. Under the Modified Settlement Agreement, PG&E will remain a vertically integrated utility subject to the plenary regulatory jurisdiction of the CPUC - obviating the NRC license transfer order.
Thereafter, Judge Montali held a status conference on December 22, 2003. At that time, he signed an order confirming the Settlement Plan, as modified in accordance with the Modified Settlement Agreement. 3 The Bankruptcy Court order remains subject to appeal. In addition, prior to implementation of the Settlement Plan, certain conditions must be satisfied by PG&E, including completion of financing and achievement of investment grade bond ratings. PG&E, however, expects to implement the Settlement Plan and emerge from bankruptcy by the end of the first quarter of 2004. At that time, PG&E would notify the Commission that the license transfers are no longer necessary. In the meantime, PG&E sees no reason for the Commission to reactivate its consideration of the stay application.
In re Pacific Gas & Elec. Co., No. 01-30923DM (N.D. Cal. Dec. 12, 2003)
(Memorandum Decision Approving Settlement Agreement and Overruling Objections to Confirmation of Reorganization Plan).
2 In re Pacifc Gas & Elec. Co., No. 02-04-026, Decision 03-12-035 (Cal. Pub. Util.
Comm'n Dec. 18, 2003) (Opinion Modifying the Proposed Settlement Agreement of Pacific Gas & Electric Company, PG&E Corporation, and the Commission Staff, and Approving the Modified Settlement Agreement).
3 In re Pacific Gas & Elec. Co., No. 01-30923DM (N.D. Cal. Dec. 22, 2003) (Order Confirming 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, as Modified).
WINSTON 4 STRAVNLLP Commissioners December 24, 2003 Page 3 In light of the approval of the Settlement Plan, as modified, by both the Bankruptcy Court and the CPUC, PG&E respectfully requests that this proceeding continue to be held in abeyance.
Respectfully submitted, David A. Repka Counsel for Pacific Gas & Electric Co.
cc: Service List DC:338528.1
CERTIFICATE OF SERVICE I hereby certify that on January 28, 2004, copies of the foregoing Status Report were served by mail, postage prepaid, upon the following counsel:
David A. Repka, Esq.
Brooke Poole, Esq.
Winston & Strawn LLP 1400 L Street, N.W.
Washington, D.C. 20005-3502 Robert C. McDiarmid, Esq.
Ben Finkelstein, Esq.
Andrea G. Lonian, Esq.
Spiegel & McDiarmid 1333 New Hampshire Avenue, N.W.
James D. Pembroke, Esq.
Lisa S. Gast, Esq.
Duncan, Weinberg, Genzer & Pembroke, P.C.
1615 M Street, N.W., Suite 800 Washington, D.C. 20036-3203 Grace H. Kim