ML040440317
| ML040440317 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 02/06/2004 |
| From: | Kaplan G Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Pacific Gas & Electric Co |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML040440317 (30) | |
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15 16 17 18 JAMES L. LOPES (No. 63678)
JANET A. NEXON (No. 104747)
GARYM. KAPLAN (No. 155530)
HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN-A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone:
415/434-1600 Facsimile:
415/217-5910 Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporatic Debtor.
Federal I.D. No. 94-0742640 f
Case No. 01-30923 DM Chapter 11 Case n,-
Date:.
March 5, 2004 Time:
1:30 p.m.
Place:
235 Pine Street..22nd Floor San Francisco, California Judge:
Hon. Dennis Montali 19 20 21 22
'23 24 25 26 27 28 NOTICE OF MOTION AND MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND FOR RELATED RELIEF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
[SUPPORTING DECLARATION OF KERMIT KUBITZ FILED SEPARATELY]
MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF I,
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10 11 12 HWARD. 13 RJCE FA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF CONTENTS NOTICE OF MOTION AND MOTION MEMORANDUM OF POINTS AND AUTHORITIES I.
INTRODUCTION' II.
FACTUAL BACKGROUND AND DISCUSSION A.
General Factual Background B.
The FERC Refund Proceedings And Other FERC Proceedings.
- 1.
The FERC Refund Proceedings
- 2.
The Scheduling Coordinator Services Tariff Proceeding
- 3.
The California-Oregon Transmission Project Proceeding
- 4.
The PX Chargeback Proceeding C.
Claims Affected By Resolution Of The FERC Refund Proceedings.
- 1.
RMR Claims
- 2.
Claims For Imbalance Energy And Emergency Services
- 3.
QF Claims D.
Extension Applicable To Other Portions Of Claims With ISO, PX And Generator Claims Component E..
Extension Of The Time To Object To Claims Subject To Pending Objections And Other Disputed Claims F.
The Claims Subject To The Requested Extensions Should Be Deemed Disputed Claims Until The Applicable Objection Deadline Elapses III.
CONCLUSION Page 1
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10 11 11 12 13 15 15 16 17 MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF
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. NOTICE OF MOTION AND MOTION PLEASE TAKE NOTICE.that on-March 5; 2004 at 1:30 p.m., or as soon thereafter as the matter may be heard, in the Courtroom of the Honorable Dennis Montali, located at 235 Pine Street, 22nd Floor, San Francisco, California, Pacific Gas and Electric Company, the debtor and debtor in possession in the above-captioned Chapter 11 case
("PG&E" or the "Debtor"); will and hereby does move (the "Motion") the Court for entry of an order (1) extending the time for the Debtor. to object to certain proofs of claim filed herein, whose allowance is dependent, in whole or in part, on certain proceedings pending before the Federal Energy Regulatory Commission, until after resolution of such proceedings, (2)-extending the time for the Debtor to object to claims which are subject to pending objections or otherwise constitute. "Disputed Claims".under the Debtor's confirmed Chapter.11 plan as of the time such plan becomes effective, until 30 days after the objections to such claims are resolved or such claims no-longer constitute Disputed Claims, and (3).
providing certain related relief.
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- The Motion is based on this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, the Declaration of Kermit Kubitz ("Kubitz Declaration'?) filed concurrently herewith, the record of this case and any evidence or; argument presented at or prior to the hearing on this Motion. -
PLEASE TAKE FURTHER NOTICE that pursuant to Rule 9014-1(c)(1) of the Bankruptcy Local Rules of the United States District Court for the Northern District of California, any.written opposition to the Motion and the relief requested herein must be filed with the Bankruptcy Court and served upon.appropriate parties (including counsel for' PG&E, the Office of the United States Trustee and the Official Committee of Unsecured Creditors) at least 14 days prior to the scheduled hearing date. If there is no timely.
opposition to the requested relief, the Court may enter an order granting such relief by default and without further hearing.:
. MOTION FOR EXTENSION OF TiME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF 1
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10 11 12 IVA&A6RD 13-NEMERO FI 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 28 MEMORANDUM OF-POINTS AND AUTHORITIES
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INTRODUCTION On December 22, 2003, this Court entered its order confirming the Plan of Reorganization Under Chapter of the Bankruptcy Code for Pacific Gas and Electric
' Company Dated July 31, 2003, As Modified by Modifications Dated November 6, 2003 and December 19, 2003 (the "Plan")1. The Effective Date of the Plan has not yet occurred, although Section 8.2 of the Plan reflects that the Effective Date is anticipated to occur by March31,2004.
Pursuant to the Plan, unless otherwise ordered by the Bankruptcy Court, the deadline for filing objections to Claims (other than Administrative Expense Claims) is the Effective Date of the Plan. As recognized by the Plan; all ISO, PX and Generator Claims, which are classified in Class 6 under the Plan, constitute Disputed Claims, whose resolution is subject to the FERC Refund Proceedings. The Plan provides that such Claims will become Allowed Claims following resolution of the FERC Refund Proceedings. The Plan further provides that the Debtor will not attempt to obtain a determination by this Court of the matters at issue in the FERC Refund Proceedings, although the Debtor retains the right to bring objections to ISO, PX and Generator Claims before this Court on other grounds.' As discussed below, the FERC Refund Proceedings remain pending, and are not expected to be resolved rior to the anticipated Effective Date of the. PG&E Plan. 'Accordingly, presuming
- that the Plan becomes effective, PG&E seeks an extension of time to object to ISO; PX and Generator Claims (listed on Exhibit 1 attached hereto) until the date that such Claims become Allowed Claims under the Plan.
The Debtor requests a similar extension with respect to numerous other Claims filed against'the Debtor (listed on Exhibits 2 and 4 attached hereto) that are expected to be 1 Capitalized terms used herein without definition have the meanings ascribed to them in the Plan.
MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF 1 I affected by the resolution of.the FERC Refund'Proceedings, and/or are subject to other 2
FERC proceedings, which remain unresolved, as discussed below..
3 In addition, the Debtor requests that the extension apply to the other components 4
of Claims containing ISO; PX and Generator Claims (listed on Exhibit 3 attached hereto),
5.l even if those components are not directly affected by the resolution of the FERC Refund 6
Proceedings.2 In seeking such relief, the Debtor submits that.the avoidance of piecemeal
'7 litigation is in the best interests of all concerned parties, as well as the Court.
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,. The Debtor further seeks an extension of the time for it to object to claims which 9
are subject to pending objections or otherwise constitute Disputed Claims as of the Effective
- 10 Date, until 30 days after the objections or disputes with respect to such Claims are resolved.
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.This will conserve estate resources by preventing the Debtor from being forced to make 12 potentially unnecessary objections which might otherwise be required if such objections or How-RD 13 disputes were not resolved prior to the Effective Date, which is the current deadline for NEMOV.,
cA 14 objecting to Claims..
S ABK[N.?k.'.j' 15
.Finally, the Debtorrequests that the Claims that are subject to the extensions.
-16 'sought herein be deemed Disputed Claims under the Plan until expiration of the period for 17 objecting to such Claims to avoid potentially paying claims that are later disallowed.
.18 II.
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... I.r ;f....;.i.
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P 19 FACTUAL BACKGROUND AND DISCUSSION3"'
20 A.
General Factual
Background:
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' : '.'PG&E filed a Voluntary petitio'for relief under Chapter 1i of the Bankruptcy 22 Code on April 6,2001. A trustee has not been appointed, and PG&E contin'ues to function 23 as a debtor in possession pursuant to Sections 1107 and,1108 of the Bankruptcy Code.
25 2 For the Court's convenience, E*hibit
'attached heret contains a summary of all of the'.Claimns listed on Exhibits 1 thiough'4 'including thetotal claim amount, reductions to 26
'such claim anmount, th& dollar'iamount :of t
'claim attributable to the FERC proceedings; and the dollar amount of the claim that is'not'affected by the FERC proceedings.
- 27 3 The evidentiary basis and support for the facts set forth in this Section are contained in the Kubitz Declaration filed concurrently. herewith...
28 MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF 1- ' PG&E's Plan was confirmed on December 22, 2003. The Effective Date of the Plan has not
'2 yet occurred, although Section 8.2 of the Plan reflects-that the Effective Date is anticipated 3
to occur by March'31, 2004.
4 Pursuant to Section 5;5 of the Plan, unless other-vise ordered by the Bankniptcy 5
Court, the deadline for filing objections to claims (other than Administrative Expense 6
Claims) is the Effective Dateof the Plan.4 7
Under Section 4.15(c) of the Plan, all ISO, PX and Generator (Class 6) Claims5 8
constitute Disputed Claims, whose resolution is subject to the FERC Refund Proceedings.
- 9 '(The current statis of the FERC Refund Proceedings is discussed below in Section II.B.)
10 The Plan'provides that the Debtor will not attempt to obtain a determination by this Court of 11 the matters at issue in the FERC Refund Proceedings, although the Debtor retains the right to 12 bring objections to ISO, PX and Generator Claims before this Court on other grounds.6 HOWARD 13 Section 5.4(g)(i) of the Plan further provides that ISO, PX and Generator Claims will WCE c^NAAIDY 14 become Allowed Claims on the date designated by FERC when payments are to be made on 15 l:account of ISO, PX and Generator Claims pursuant to an unstayed'order in the FERC 16 Refund Proceedings, or if no date is designated in such order, 45 days after the issuance of 17 18 4 Specifically, Section 5.5 of the Plan provides, in relevant part: "[u]nless othervise ordered by the. Bankruptcy Court, (a) all objections to Claims (except for Administrative 19 Expense Claims) shall be filed and served upon the holder ofthe Claim as to which the objection is mad' (and, as applicable, upon the Debtor and the Committee) as soon as is 20 practicable, but in no event later than the Effective Date."
5.The Plan defines ISO,.. PX and Generator Claims as "all Claims against the Debtor 21
-sing from amounts'due to 'the ISO, PX and various power generators based on purchases
-of electricity or ancillary services by the Debtor in markets operated by the PX and the ISO."
l22..
6 In particular, Section 4.15(c) of the Plan provides, in relevant part; 23 "As of the date hereof, all ISO, PX and Generator Claims are' Disputed. The Debtor agrees that for purposes of determining the amount of Allowed ISO, PX 24 and Generator Claims that are not resolved consensually by settlement, the Debtor will prosecute the FERC Refund Proceedings, only before the FERC or 25 any Court to which an appeal from the FERC'order may be taken, and will not 26 except'..
to the extent the Debtor has an objection based on a matter that is not the subject matter of the FERC Refund Proceedings. Nothing herein Precludes 27 S
the Debtor from asserting in the Bankruptcy Court or in any other forum any 28 other defense or objection to any ISO, PX and Generator Claims."
MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF 1
such order, provided such order, has not been stayed?.
2 Generally speaking, the.Plan provides for payment of Allowed Claims on the 3
later of the Effective Date and the date the Claim becomes an Allowed Claim.8 Allowed
'4 Claims are defined in the Plan to include'claims that are not Disputed Claims.9 Disputed 5
Claims under the Plan include Claims or portions thereof that are'subject to unresolved
' objections.10 'Section 5.4(g(i) of the Plan provides for the establishment of one or more 7
escrows for certain Disputed Claims for the purpose of setting aside funds to make 8
distributions on such Claims,'pending'their final resolution: Section 5.4(g)(i) provides for 9
. the accrual of interest on the-fnds'in the Disputed Claim escrow(s) and the payment of 10 interest with respect to Disputed Claims.
7 In particular, Section 5.4(g)(i) of the Plan provides, in relevant part:
12
-A Disputed ISO,'PX and Generator' Claim shall become an Allowed Claim on the date designated by FERC when payments are to be made on account of ISO, HARD 13
' " 'PX and Generator Claims, pursuant to an unstayed order in 'the FERC Refund NEO 1
Proceedings; provided, however, that if no date is designated in such order, a' 1
Disputed ISO, PX and Generator Claim shall automatically become an Allowed RJ'J3KIN Claim forty-five (45? days after the issuance of such order, provided such order 15 has not been stayed.
16 8 Section 4.2(d) of the Plan provides, in relevant part:, -'
"[E]ach of the distributions specified in this Article IV with respect to each 17 Allowed Claim or Equity Interest shall (i) occur on the later of the Effective Date 18
-and the date such Alfowed Claim or Equity Interest becomes an Allowed Claim 1 8
' 'or Equity Interest or as soon as practicable thereafter'...
19 9 Section 1.1 of the Plan provides, iirelevant part:-
"Allowed means, with reference to any.Claim against or Equity Interest in the 20 Debtor... any Claim or Equity'Interest which is not Disputed...
21 10 Section 1:1. of the Plan provides, in relevant part:
'"Disputed means (a) with reference to any Claim against the Debtor:.. as to 22 which the Debtor has interposed a timely objection and/or request 'for 'estimation -
in accordance with section 502(c) of the Bankruptcy Code and/or Bankruptcy,
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' '~Rule'3018, which objection and/o request for estimation has not been withdrawn or determined by a Final Order...-.-.A Claim that is Disputed by the Debtor as to 24 ' -
' 'its amount only shall be ddeftfed Allowed in the amount the Debtor'admits owing, if any, and Disputed as to the excess."
25 In particular, Section 5.4(g)(i) of the Plan provides,' in relevant part:
26
'"From and after the Effective Date, the Cash reserved for such Disputed Claim will earn interest at the same rate as if such Cash had been invested in either.
27
' '(i) money market funds coisisting primarily of short-term U.S. Treasury securities or (ii) obligations of or guaranteed by the United States of America or 28 (continued...)
MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF Is~~~~~-5
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The FERC Refund Proceedingzs And Other FERC Proceedings..
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The FERC: Refund Proceedings In response to the unprecedented increase in wholesale electricity prices during 2000 and 2001, FERC held, on November 1, 2000, that prices in the California electric power markets were not just and reasonable. San Diego Gas & Elec. Co. v. Sellers of Energy, 93 F.E.R.C. (CH) 161,121 at 61,349-61,350 (Nov.1l, 2000). In addition, on July 25, 2001, FERC held that buyers would be entitled to refunds for power purchased in such markets from October 2, 2000. through June 20, 2001. San Diego Gas & Elec. Co. v.
Sellers of Energy, 96 F.E.R.C.,(CCH) 161,120 at 61,513-61,514 (July 25, 2001). The amount of refunds was left to be determined in subsequent FERC proceedings. On December.12, 2002, a FERC administrative law judge ("AL") issued an initial decision (the "December 12 Order") finding that energy sellers had overcharged the utilities, the State of California and other buyers from October 2, 2000 through June 20, 2001 by approximately
$1.8 billion. San Diego Gas &Elec. Co. v. Sellers of Energy, 101 F.E.R.C. ¶63,026 (December 12, 2002).
On March 26, 2003, FERC confirmed most of the ALJ's findings in the December 12 Order, but modified the refund methodology in part. San Diego Gas &
Electric Company et al., 102 F.E.R.C. 161,317 (2003) (the "March 26 Order"). On October 16, 2003, FERC issued an order affirming, in most respects, the March 26 Order.
San Diego Gas & Electric Conpany et al., 105 F.E.R.C. 161,066 (2003) (the "October 16 Order"). The exact calculation of the refunds to be paid by the power sellers will not be determined until the ISO and the PX complete compliance filings to implement the changes
-required pursuant to the December 12 Order, the March 26 Order and the October 16 Order..
Pursuant to the October 16 Order, the ISO and the PX were given a period of five months
(..
. continued) any agency thereof, at the option of the Debtor, until the Disputed Claim becomes an Al[owed Claim....To the extent a Disputed Claim becomes an Allowed.
Claim, such Allowed Claim will be satisfied in the mainer as all other Allowed Claims of the same Class. In addition; the holder of such a Disputed Claim will earn Post-Petition Interest."
MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF
- 1. (i.e.; until approximately March 16, 2004) to complete such compliance filings. Such 2
'compliance filings by the ISO and the PX are expected to be subject to a number of' 3
-challenges by interested parties. ' FERC is then expected to make determinations regarding 4
the amounts owed to and owing by relevant parties, resulting in ascertainment of the' 5
Allowed amounts of ISO, PX and Generator Claims. That-process is not expected to be 6
completed until at least the latter part of 2004, as discussed below.
7 As a preliminary step to complete its compliance filings, the ISO must process 8 - certain preliminary reruns of the relevant data; In a request f6r rehearing that'the ISO filed 9
on December 15, 2003 in the preliminary rerun proceeding, the ISO advised FERC that 10 neither the preliminary rerun nor'the refund rerun deadlines established by FERC are likely
-11 to be met. In its request for rehearing, the'ISO stated that its anticipated suspension of rerun
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activity would further rolong the ISO's schedule for completing preliminary reruns. ISO HOMD 13 'Request for Rehearing in Docket No. :ER03-746-003, at p. 8.'. The ISO also noted in its NEMEa FAM 14 December 15,2003 request for rehearing that it had previously advised the FERC that it 15 would not be able to meet the FERC's five-month deadline for completing the refund 16 proceeding rerun. Id. (citing ISO Request for Rehearing in Docket No. ELOO-95, et al., filed 17 November 17, 2003, atpp. 18-19).
18 On February 3, 2004, FERC issued an order on clarification and rehearing on 19 preliminary rerun issues in Docket No. ER03-746-003.' California Independent System 20 Operator Corp.,' 106 FERC ¶ 61,099 (2004).' In addition to clarifying issues relating to 21 certain preliminary rerun issues, that order also granted the ISO's request'to defer a 22 compliance filing due to the "delayed completion of the'preparatory re-runs." Id at 1 20.
23 IFERC required the ISO to begin filing monthly status reports of the preparatory re-runs. As 24 especially relevant here, FERC further required the ISO to report "on a monthly basis the 25 dates that it expects to complete both the pireParatory re-runs and settlements and billing 26:
'process for calculating refunds.?' Id. at 21. '
27 Given that the preparatory reruns must be' completed to provide a baseline for the 28' refund reruns, it is now apparent that the refund reruns will not be completed by March MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF N,--
- 1. 2004, as originally contemplated by FERC. Even when completed, however, this does not 2
end the process, since the PX, in turn, uses the ISO's rerun data to undertake its own reruns,
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which are expected to take an additional one or two months. Furthermore, each rerun may 4
give rise to additional disputes by market participants that would trigger dispute resolution 5
procedures under the ISO and/or the PX tariffs. Any such disputes could further delay 6
having final rerun numbers.,
7 Once the final reruns are completed and compliance filings are made by the ISO 8
and the PX with FERC, a comment period will be available, after which FERC would rule
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on.the compliance filings. Interested parties may (and are likely to) seek rehearing of 10 FERC's ruling. This process is anticipated to take several additional months.
11 Based on the foregoing, FERC is not expected to make determinations regarding 12 the amounts owed to and owing by relevant parties, resulting in ascertainment of the HOWARD 13 Allowed amounts of ISO, PX and Generator Claims, until the latter part of 2004 at the
.E NEMEJCM
'I 14 earliest, and quite possibly not until 2005. Since most, if not virtually all of the issues which 9 R.AI3KI 15 might otherwise be the subject of PG&E's objections to these Claims are likely to be 16 resolved through FERC's ruling in the FERC Refund Proceedings, PG&E submits that it is 17 appropriate to extend the time for objecting to the ISO, PX and Generator Claims listed on 18 Exhibit 1 attached hereto until such Claims become Allowed pursuant to the Plan (i.e., on 19 the date designated by FERC when payments are to be made on account of ISO, PX and 20 Generator Claims pursuant to an unstayed order in the FERC Refund Proceedings, or if no 21 date is designated in such order, 45 days after the issuance of such order, provided such 22 order has not been stayed).
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- 2.
The Scheduiing Coordinator Services Tariff Proceeding
- 24 Several creditors have filed claims related to the Scheduling Coordinator Services 25
("SCS") Tariff proceeding pending before FERC (collectively, the "SCS Related Claims"),
26 as listed on Exhibit 2 attached hereto. PG&E commenced the SCS Tariff proceeding at 27:
FERC in November 1999 (FERC Docket No. EROO-565-000, et al.). Under the SCS Tariff, 28 PG&E proposes to pass-through certain charges that PG&E receives from the ISO. PG&E MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF
-Th 1 :incurs these charges in its role as a scheduling coordinator pursuant to the provisions of the' 2
FERC-approved ISO Tariff., In January 2000, FERC accepted PG&E's filing, but held 3 l hearings in abeyance pending the outcome of a related proceeding. Pacific Gas and Electric 4
Co., 90 FERC I 61,010 (2000).. FERC reactivated this'proceeding in May 2003. Pacific 5
Gas and Electric Co., 103 FERC ¶ 61,180 (2003). Since that time, the SCS Tariff 6 lproceeding has been bifurcated by the Presiding Administrative Law Judge. Phase 1 of the 7: proceeding addresses liability issues and Phase 2 addresses cost allocation issues. A two-8 week hearing on Phase' 1 was'conducted between January 6 and 15, 2004. The parties are 9
curreitly hriefing various issues raised during that hearing and an Initial Decision is 10 expected to be issued by April1 9, 2004. Phase 2 is scheduled to commence in'April 2004 11 and hearings are expected to begin in December 2004 and will likely last three to four 12 weeks. An Initial Decision in Phase:2 is'not expected to be issued until Spring 2005, and a HawAm 13 FERC order in this proceeding will likely not be issued before late 2005 or early 2006.
NEMERO.5K1 CANXm 14 Since most of the issues'which might otherwise be the subject of PG&E's 15 objections to the SCS Related Claims are likely to be resolved through FERC's ruling in the 16 SCS Tariff proceeding, PG&E submits that itisappropriate to extend the time for qbjecting 17 to such Claims (listed on Exhibit 2 attached hereto) until 45 days after FERC's issuance of 18
. an order in that proceeding, provided such order has not been stayed. (Such extension is 19 analogous to the treatment for ISO,'PX and Generator Claifms discussed above.)
20 3.'
The California-Ore'gon Transnmission Proect Proceeding 21 PG&E has been involved in an ongoing dispute with the ISO as to whether the.
22 ISO may properly chargePG&E for certain ISO-incurred costs associated with-transmission 23 schedules that flow over the California-Oregon Transmission Project ("COTP"). Under the 24 -
ISO Tariff, the ISO only has FERC approval.to charge for schedules that flow over 25 transmission facilities that are under the ISO's operational control.1The COTP is'not under 26 ISO operational control and never has been. PG&E paid approximately $14 million in 27 COTP-related ISO charges before realizing that the ISO was surreptitiously charging PG&E 28 for such amounts. Once PG&E discovered that the ISO was including these charges, MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF
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19 20 21 22 23 24 25 26 27 inappropriately, in invoices to PG&E, PG&E disputed them and initiated arbitration under the ISO Tariff's alternative dispute resolution ("ADR") provisions. PG&E prevailed in that arbitration, obtaining an. arbitration award that directed the ISO to return the amounts inappropriately collected from PG&E. Pursuant to the ADR provisions under the ISO Tariff, the ISO "appealed" the arbitration award to FERC, seeking to reverse the decision as to the $14 million already paid by PG&E, and asserting that PG&E owes an additional $36 million of COTP-related charges. That appeal has been fully briefed and is currently pending at FERC.. It is not known when FERC might issue its decision in this proceeding.
The ISO has filed a claim against PG&E relating to the additional COTP-related amounts that it alleges are owed to it by PG&E (the "ISO COTP Claim").
Since most, if not virtually all of the issues which might otherwise be the subject of PG&E's objections to the ISO COTP Claim are likely to be resolved through FERC's ruling in the COTP proceeding, PG&E submits that it is appropriate to extend the time for objecting to such Claim (listed on Exhibit 2 attached hereto) until 45 days after FERC's issuance of an order in that proceeding, provided such order has not been stayed. (Such extension is analogous to the treatment for ISO, PX and Generator Claims discussed above.)
- 4.
The PX Charieback Proceeding As discussed in PG&E's Omnibus Objection To PX Charge-Back Claims filed herein on January 28, 2003 (Docket No. 11912), on April 6, 2001, FERC issued an order rescinding certain "PX chargebacks" imposed by the PX on its market participants, finding that the PX chargeback methodology led to unjust and unreasonable results. Certain requests for rehearing of that order were filed, which are still pending.. In subsequent orders, FERC has denied requests by certain market participants to obtain the return of chargeback amounts, stating that certain issues are still pending on rehearing, and that nothing should be done until FERC issues further orders, as other proceedings may impact the appropriate resolution.
Pursuant to this Court's April 28, 2003 Order Overruling Debtor's Omnibus Objection To PX Charge-Back Claims Without Prejudice (Docket No. 12647), this Court MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF 1
.overruled, without prejudice, PG&E's omnibus objection to claims based on PX 2
chargebacks (collectively, the PX Chargeback Claims"); essentially finding that such 3
objection was premature because the subject claims could be impacted by FERC's ruling in
.4:. the above-discussed proceedings. Although FERC has not indicated when it expects to issue 5
- a ruling with respect to the-issues pending on rehearing,.PG&E expects that such ruling will 6
be issued by FERC as part of the resolution of the FERC Refund Proceedings..
- 7. -.
Accordingly, PG&E submits that it is appropriate to extend the time for objecting 8.. toPXChargebackClaims listed on Exhibit 4attached hereto until 45 days after FERC's 9
issuance of an order.regarding the issues pending on rehearing in the PX chargeback 10 proceeding, provided such order has not been stayed. (Such extension is analogous to the
.11 treatment for ISO, PX and Generator Claims discussed above.)*
12 C.
Clai s Affected By Resolution Of The FERC Refund Proceedings.
HOWARD 13 The Debtor requests that the requested extension of the time to object to ISO, PX ICE cmtK 14.
and Generator Claims also apply to certain Claims which are expected to be affected by the 15 resolution of the FERC Refund Proceedings,(collectively, the "FERC Refund Proceeding 16 Related Claims"). These include various Claims whose amount is necessarily based on the 17 appropriate "Market Mitigated Clearing Prices'? ("MMCP") which are the subject of the 18 FERC Refunds Proceedings, as described below.'
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RlMRClaims 20 Several claims have been filed against PG&E based on amounts allegedly due 21 under the claimants' respective Reliability.Must Run ("RMIR") Agreements (collectively, the 22
'RMR Claims"). Generally speaking, RMR Agreements provide that, when called upon.by 23 the ISO, the RMR owner will make energy available in order to maintain acceptable voltage
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and line loads in the transmission grid. Pursuant to the RMR Agreements and applicable 25 ISO Tariffs, RMR owners bill the ISO for their RMR services; the ISO reviews such bills 26 and if it accepts them, invoices the transmission-owning utility (here, PG&E) by posting the 27 invoices on the secure ISO website.
28 The market reruns that the ISO is required to undertake in connection wi'th the MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF
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9 10 11 12 HoamRD-13 cAFN.14
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15 16 17 18 19 20 21 22 23 24 25 26 27 28 FERC Refund Proceedings (as discussed in Section II.B.1. above) will affect the "Scheduling Coordinator Credits" ("SC Credits") on the RMR owners' respective invoices, thereby necessarily impacting the amount of the RMR Claims. In particular, the RMR Agreements provide that either"[a]ny amounts received by or due to Owner's Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions shall be subtracted from the amount otherwise due under each RMR invoice" (id. § 9. 1(e)),
or "[a]ll amounts received by or due to Owner's Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month ('Scheduling Coordinator Revenues') shall be subtracted from the amount otherwise due under each RMR Invoice" (id. § 9. (f)).12 Thus, the amounts due to the Owner's Scheduling Coordinator are based on the applicable MMCP for electricity and ancillary services. Pursuant to FERC's March 26 Order discussed in Section II.B.1. above, the ISO's market reruns in connection with the FERC Refund Proceedings are expected to result in changes to the applicable MMCP, thereby changing the amount of the SC Credits on the RMR Owners' invoices, and, consequently, the amount owed with respect to the RMR Claims.
Accordingly, PG&E submits that it is appropriate to extend the time for objecting to the RMR Claims listed on Exhibit 2 attached hereto consistent with the requested extension of time to object to ISO, PX and Generator Claims (i.e., on the date designated by FERC when payments are to be made on account of ISO, PX and Generator Claims pursuant to an unstayed order in the FERC Refund Proceedings, or if no date is designated in such order, 45 days after the issuance of such order, provided such order has not been stayed).
- 2.
Claims For Imbalance Energy And Emergency Services Various claims have been filed against PG&E for "Imbalance Energy," "Energy Sales to PG&E," "Emergency Services" and similar amounts (collectively "Imbalance 12 Section 9.1(e) applies if the Unit operates under "Condition 1," while Section 9.1(f) applies if the Unit operates under "Condition 2" pursuant to the RMR Agreement..
MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF 1
2
.3
- 4 5
6 7
9
- 10 11 12 HOAARD 1 3 KCE NEMER9FKJ FALK '1
& KALKN F~.15 16 17 18 19 20 21 22 23 -
24 25 26 27 28-Energy Claims") (as listed on Exhibit 2,attached hereto). Imbalance Energy refers to energy sold to PG&E by power sellers, which PG&E in turn sold into the ISO's imbalance energy
,market folldwing the collapse of the PX and the markets it operated in mid-January 2001.
The Imbalance Energy Claims are based on energy prices that FERC has determined were not just and reasonable in connection with the.FERC Refund Proceedings, and has ruled that the appropriate MMCP should be applied to such Imbalance Energy sales. Specifically, -in item 5.0. (included in the "Proposed Finding Summarily Adopted") of its March 26 Order,'
FERC stated:
"The CAISO 'should mitigate capacity charges for ancillary services or other non-energy charges by applying the MMCP to sales of' imbalance energy and ancillary service sales' and their attendant charge types."
Pursuant to FERC's March 26 Order, the ISO's market reruns in connection with the FERC Refund Proceedings are expected to result in changes to the applicable MMCP,
! ~
~
~
I i
thereby changing the amount owed with respect to the Imbalance Energy Claims.
Accordingly, PG&E submits that it is appropriate to extend the time for objecting to the Imbalance Energy Claims listed on Exhibit 2 attached hereto consistent with'the requested extension of time to object to ISO, PX and Generator Claims (i.e., on thedate designated by FERC when payments are to be made on account of ISO, PX and Generator Claims pursuant to an unstayed order in the FERC Refund Proceedings, or if no date is designated in such
? *. -
45:<;]
^
1
¢!
¢ order, 45 days after the issuance of such order, provided such order has not been stayed).
- 3.
OF Claims Certain "qualifying facilities" ("QFs") have filed claims against PG&E (listed on Exhibit 2 attached hereto) including amounts owed under their respective Power Purchase' Agreements ("PPAs" which are calculated based on the "PX day-ahead hourly zonal market clearing price" for' a certain period of time (the "QF Claims Based On PX Pricing").
Pursuant to FERC's March 26 Order, the ISO and PX market reruns in' connection with the FERC Refund Proceedings are expected to result in chafiges to the applicable MMCP, thereby changing the amount owed with respect to the QF Claims Based MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF 1
On PX Pricing. Specifically, under PG&E's PPA with Midway-Sunset Cogeneration 2
Company ("Midway"), PG&E was obligated to pay Midway under standard Short Run 3
'Avoided Cost ("SRAC") pricing provisions. During the period covered by this Claim, 4
Midway bid its output directly into the PX and received payment for its output from the PX 5
at the PX day-ahead zonal market clearing price. To the extent that Midway's revenues 6
from the PX were less than the SRAC amount, PG&E was obligated to make up the 7
difference between the PX and SRAC amounts. To the extent that the PX amount exceeded 8
the SRAC amount, Midway was obligated to, pay this excess to PG&E. Midway's Claim 9
reflects only the SRAC amount for January 2001 since the PX has not yet paid out any 10 amounts for January 2001. The precise PX price for this period is uncertain and will not be 11 finally determined until the FERC Refund Proceedings are resolved.
12 Georgia-Pacific Corporation ("Georgia Pacific") is a "Switcher QF." Pursuant to HomaRD 13 California Public Utilities Commission ("CPUC") Decision No. 99-11-025, issued on SEME FAM 14 November 4, 1999, the CPUC approved a PX-based SRAC energy price to be paid to those 15 QFs that voluntarily elected to receive that price pursuant to California Public Utilities Code 16 Section 390. That decision authorized QFs, upon appropriate notice to the affected utility, to 17 begin receiving the PX's day-ahead hourly zonal market clearing price, subject to later true-18 up to ensure that "[p]ayment using the interim adopted day-ahead zonal market-clearing 19 price [] not under-compensate nor over-compensate the QFs, compared to the payments we 20 may ultimately adopt in the more comprehensive § 390 proceeding." For deliveries from 21 Switcher QFs, including Georgia Pacific, from January 1, 2001 through January 18, 2001, 22 PG&E capped energy payments at the FERC-mandated $150/MWh level. Georgia Pacific's 23 Claim includes $300,031.31 in sums stemming from the difference between payments made 24 to it at the $150 per MW soft cap, and payments under the January 2001 posted day-ahead 25 zonal market clearing prices.. However, until the FERC Refund Proceedings are resolved, 26 the proper day-ahead zonal market clearing prices remain undetermined.
27 Thus, the Allowed Amount of the QF Claims Based On PX Pricing cannot be 28 determined until resolution of the FERC Refund Proceedings. Accordingly, PG&E submits MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF 2'
3
'4
- .5 6
7 8
9
-10 11 12
.RD 13 NEMEsib FAXK 14 A~
_ 1 5 16 17 18 19 20 21 22 23 24 25
.26 27 28 that it is appropriate to deem such Claims as Disputed Claims for a period that is consistent with the extension of time to object to ISO, PX and Generator Claims (i.e., on the date designated by FERC when payments are to be made'on 'account of ISO, PX and Generator
'Claims pursuant to an unstayed order in 'the FERC Refund Proceedings, or.if no date is designated in such order, 45 days'after the issuance of such order, provided such order-has not been stayed). " ' '.;
D.. Extension Applicable To Other Portions Of Claims With ISO. PX And Generator Claims Component The Debtor further requests.that the extension' oftiiiie to object to Claims containing ISO, PX and Generator Claims'apply to all components of such Claims, including
' those which are not directly affected by the resolution of.the FERC Refund Proceedings
'(collectively, the "Other Component Claims"). 'Absent such relief, the Debtor may be forced to prematurely file objections to and litigate the Other Component Claims,which generally constitute a relatively minor portion of the applicable Claim,-and could potentially be part of a' global resolution of such Claim upon determination of the Allowed amount of the ISO, PX and Generator Claims portion following resolution of the FERC Refund Proceedings.;
The Debtor submits that granting such relief will avoid piecemeal and potentially needless litigation, which is in the best interests of all concerned parties, as well as the-,
Court.
E.'
Extension' Of The Time To Obleft To Claims Suble't To Pending Objections And Other Disputed Claims The Debtor has filed objections to hundreds of Claims in this case, many of' which remain pending. The Debtor also intends to file objections to numerous other claims f
.t X
r I
-7.
j
- .i prior to the Effective Date, many of which are not expected to be resolved by the Effective Date. Pursuant to this Court's Order (1) Authorizing Debtor To File Certain Preliminary
-Omnibus Objections To Claims Without Prejudice To Right To File Subsequent Objections Thereto And (2jW aiving Compliance With Federal Rules Of Civil Procedure 26(a) And (f)
In Certain Claims Objection Proceedings," entered herein on January 8, 2002 (ocket No.
MOTION FOR EXTENSION OF TEM TO OBJECT-TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF
- X
~~~
/ '
1 2
3.
4 5-6' 7
8
.9 10 11 12 HaWARD 13 RiCE NEMEFNVW cAw 14
& KABK(N 15 16 17 18 19 20 21 22 23 24.
25 26 27 28.
4114), to the extent that a claim is not fully resolved through the determination of the Debtor's "omnibus" objection, the Debtor may file additional objections to such claim on any grounds not included in the omnibus objection. In addition, based on, inter alia, stipulations entered into with various creditors and certain Orders issued by this Court, there are currently a number of Disputed Claims which are not expected to become Allowed by the Effective Date, and which may be subject to additional objections.
Accordingly, the Debtor seeks an extension of the time for it to object to claims which are subject to pending objections or otherwise constitute Disputed Claims as of the Effective Date; until 30 days after the objections to such Claims are finally resolved or such Claims no longer constitute Disputed Claims. The Debtor submits that this will conserve estate resources by preventing the Debtor from being forced to make potentially unnecessary objections which might otherwise be required if such objections or disputes were not resolved prior to the Effective Date, which is the current deadline for objecting to Claims.
F.
The Claims Sublect To The Requested Extensions Should Be Deemed Disputed Claims Until The Applicable Objection Deadline Elapses In order to effectuate the relief requested herein, the Debtor further requests that all of the Claims that are subject to the extensions sought herein be deemed Disputed Claims under the Plan until expiration of the period for objecting to such Claims. 3 Absent such relief, such Claims could become "Allowed" and accordingly entitled to payment under the Plan, notwithstanding the Debtor's right to file objections to such Claims. In such event, the Debtor would be placed in the difficult position of potentially having to recover payments made to a creditor to the extent a subsequent objection is sustained.
The Debtor submits that, in view of the provisions for the accrual of interest on Disputed Claims until such Claims are paid, the relevant claimants will not be prejudiced by this additional relief.
13 The Debtor notes that if the requested extension is granted, such treatment will be consistent with the treatment already provided under the Plan with respect to certain such Claims, including the ISO, PX and Generator Claims. That is, the deadline for objecting to such Claims would be the date that such Claims become Allowed pursuant to the Plan.
MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED. RELIEF
- .2 3
4 5
6
.7 8
9 10 12 HOA&RD 13 MCE NEME~aSC cNAY14 FOLK 15 16 17 18.
19 20 21 22 23 24 25
'26 27 28
- ..:III...-...L CONCLUSION For all of the foregoing reasons,.PG&E respectfully requests that the Court make and enter its Order as follows:
1.; Granting the Motion.
2;..
Extending the time for PG&E to object to the ISO, PXand Generator Claims listed on Exhibit 1 attached hereto until such Claims become Allowed pursuant to the Plan' (i.e., on the date designated byPFERC when payments are to be made on account of ISO-PX and Generator Claims pursuant to an unstayed.order in the FERC Refund Proceedings, or if-no date is designated in such order, 45 days after the issuance of such order, provided such order has not been stayed)...
- 3.. Extending the time for PG&E' to object to the RMR. Claims and the Imbalance Energy. Claims listed on Exhibit 2 attached hereto until the date designated by FERC wshen payments are to be made on account of ISO, PX and Generator Claims pursuant.
to an unstayed order.in the FERC Refund Proceedings, or if no date is designated in such order,'45 days after the issuance of such order, provided'such order has not been stayed.
- 4.
Extending the time for PG&E to object to the Other Component Claims listed on Exhibit 3 attached hereto until the date designated by FERC when payments are to be made on account of ISO, PX and Generator Claims pursuant to an unstayed order in the FERC Refund Proceedings, or if no date is designatedin such order', 45 days after the issuance of such order, provided such order has not been stayed..
5..
Extending'the time for PG&E to'object to the SCS Related Claims listed on Exhibit 2 attached hereto until 45 days after FERC's issuan6e of an order in the SC Tariff proceeding, provided such order has not been stayed.
- 6. 'Extending the time for PG&E to object to the ISO COTP. Claim (listed on Exhibit 2 attached hereto) until 45 'daysafter FERC's issuance of an order in the COTP proceeding, provided such order has not been stayed.
- 7.
Extending the time for PG&E to object to the PX Chargeback Claims listed MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF 2
3 4
5 6
7' 8
9 10' 11 12 HOARRD 13 NEMER NFA 14 j
15 16 17 18 19 20 21 22
'23 24 25 26 27 28 on Exhibit 4 attached hereto until 45 days after FERC's issuance of an order regarding the issues pending on rehearing in the PX chargeback proceeding, provided such order has not been stayed.
- 8.
Extending the time for PG&E to object to claims which are subject to pending objections or otherwise constitute Disputed Claims as of the Effective Date, until 30 days after the objections to such Claims are finally resolved or such Claims are no longer Disputed.
- 9.
Providiig that QF Claims Based On' PX Pricing listed on Exhibit 2 attached hereto shall constitute Disputed Claims until the date' designated by FERC when payments are to be made on'account of ISO, PX and Generator Claims pursuant to an unstayed order in the FERC Refund Proceedings, or if no date is designated in such order, 45 days after the issuance of such order, provided such order has not been stayed.
- 10.
Providing that the foregoing extensions may be further extended by the Court based upon a subsequent motion filed on or before the applicable deadline.
- 11.
Providing that all of the Claims that are subject to the foregoing extensions shall be deemed Disputed Claims under the Plan until expiration of the' applicable period for objecting to such Claims.
- 12.
Granting such other and further relief as may be just and appropriate.
DATED: February 6 2004 WD 020604/1-1419913/120/1 126820tv3 Respectfully, HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Professional Corporation By:
Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF Pacific Gas and Electric Compiny Chapter 1
,Class 6 Claims Affected by FERC Refund Proceedings Exhibit I Line No.
Claim No.
Creditor Dollar Amount of Claim affected by FERC Refund Proceedings III Line No.
1 13034 2
12907 3
9423 4
9148 5
13313 6
7141 7
12520 8
12339 9
13282 10 8562 I1 12515 12 11562 13 12514 14 12513 15 12512 16 12385 17 12511 18 12595 19 12510 20 12386 21
.12602 22 7866 23 12594 24 8228 25 8810 26 8809 27 8850 28 13348 29 11872 30 12619 31 8837 32 8879 33 12306 34 10827 35 13051 36 5267 37 6903 38 8872 39 11027 40 8815 41 7904 42 13331 AES NEWENERGY INC.
AMERICAN ELECTRIC POWER SERVICE CORPORATION
- AQUILA ENERGY MARKETING CORPORATION ARIZONA ELECTRIC POWER COOPERATIVE INC AUTOMATED POWER EXCHANGE INC.
AVISTA ENERGY, INC.
- BONNEVILLE POWER ADMINISTRATION CALIFORNIA POLAR POWER BROKERS LLC CALIFORNIA POWER EXCHANGE CARGILL ALLIANT LLC CITY OF ANAHEIM CITY OF AWSA LIGHT AND WATER CITY OF BURBANK CITY OF COLTON CITY OF GLENDALE CITY OF PALO ALTO CITY OF PASADENA CITY OF REDDING CITY OF RIVERSIDE CITY OF ROSEVILLE CITY OF SANTA CLARA CALIFORNIA DBA SILICON VALLEY CITY OF SEATTLE CITY OF VERNON CONECTIV ENERGY SUPPLY INC.
CONSTELLATION POWER SOURCE INC.
CORAL POWER LLC DUKE ENERGY TRADING & MARKETING LLC DYNEGY MARKETING & TRADE DYNEGY MARKETING & TRADE, DYNEGY POWER MARKETING, EAST BAY MUNICIPAL UTILITY DISTRICT EL PASO MERCHANT ENERGY LP ENRON POWER MARKETING INC.
ENTERGY-KOCH TRADING LP F/K/A AXIA ENREGY LP HAFSLUND ENERGY TRADING IDAHO POWER COMPANY LOS ANGELES DEPARTMENT OF WATER & POWER -
MERRILL LYNCH CAPITAL SERVICES, INC MIRANT AMERICAS ENERGY MARKETING LP MODESTO IRRIGATION DISTRICT MORGAN STANLEY CAPITAL GROUP INC.
NEVADA POWER COMPANY NORTHERN CALIFORNIA POWER AGENCY 4,413,049.30 1,300,000.00 316,656.48 2,541;961.43'
.35,914,338.43'
- ;.t 43,460,114.64'
. 89,375,954.76-2,100,977.40' 1,778,979,543.96 -
56,931.83-756,890.22
.1...
80,457.84 5,989,567.00-1,022,811.17' 9,346,634.21 5,278,530.69.
17,936,666.00 5,407,352.00 2,808,258.87-Unknown 495,393.00-2,242,996.21 121 7,044,463.80-710,661.43' 1,877,645.87-43,052,050.47 -
j-23,276,878.00 PI 306,987,987.77 430,899,624.61"
- '210,461.00 55,393,807.83 -141 34,130,029.97
- x64,196.21 9,298,945.00 44,847,170.50' 117,848,890.93' 9,371,434.25' 544,078,259.91'
.2,948,114.00 8,410,635.07 '
13,214,496.03',
5,278,530.69 1
2
'3 4
S 6
7 8
9 10 11 12 13 14 15 16 17
.18 19 20
-21 22 23
.24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42, Exhibit Page I of 3
q Pacific Gas and Electric Company: Chapter 11 Class 6 Claims Affected by FERC Refund Proceedings Exhibit 1, Line No.
Claim No.
Creditor Dollar Amount of Claim affected by FERC Refund Proceedings II]
Line No.
43 13390 44 9788 45 12307 46 8846 47 8849 48 8779 49 8072 50 8043 51 12313 52 8540 53 9407 54 7864 55 7149 56 12318 57 8045 58 11525 59 8826 60 8824 61 8821 62 13290 63 7903 64 9693 65 9699 66 9700 67 12322 68 9408 69 12662 70 12928 71 12329 72 11550 73 13018 74 9713 75 7863 NUEVO ENERGY COMPANY PACIFICCORP PECO ENERGY COMPANY PG&E ENERGY SERVICES VENTURES INC.
PG&E ENERGY TRADING POWER LP PINNACLE WEST CAPITOL CORPORATION PORTLAND GENERAL ELECTRIC COMPANY POWEREX CORPORATION PPL MONTANA LLC PUBLIC SERVICE COMPANY OF COLORADO PUBLIC SERVICE COMPANY OF NEW MEXICO PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY, PUGET SOUND ENERGY RELIANT ENERGY SERVICES INC.
SACRAMENTO MUNICIPALITY UTILITY DISTRICT SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT SAN DIEGO GAS & ELECTRIC COMPANY SAN DIEGO GAS AND ELECTRIC COMPANY SEMPRA ENERGY SOLUTIONS SEMPRA TRADING CORP SIERRA PACIFIC POWER CO.
SOUTHERN CALIFORNIA EDISON COMPANY SOUTHERN CALIFORNIA EDISON COMPANY SOUTHERN CALIFORNIA EDISON COMPANY STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES THE MARTINEZ REFINING COMPANY THE REGENTS OF THE UNIVERSITY OF CALIFORNIA DAVIS TRANSALTA ENERGY MARKETING (CALIFORNIA) INC.
TUCSON ELECTRIC POWER COMPANY TURLOCK IRRIGATION DISTRICT UNITED STATES OF AMERICA WHEELABRATOR MARTELL INC.
WILLIAMS ENERGYMARKETING & TRADING COMPANY 812,324.33 5,440,745.89 2,191,956.17 2,211,000.00 27,365,101.54' 7,842,819.00 71,957,222.08 285,253,313.24 17,217,789.92 2,443,414.94 7,105,362.82 17,828,019.54 65,000,000.00 346,274,894.00 39,348,897.91 5,555,325.67 17,419,252.53 32,787,000.00 1,298,218.42 98,182,137.89 54,716.18 28,313,334.45 Unknown Unknown 36,183,467.00 265,637.16 3,292,622.69 52,452,003.25 13,373,605.00 4,582,093.11 13,931,448.00 1,083,190.19* 161 590,360,209.85-Dollar amount reflects claim as described in Attachment to Creditor's filed POC and reviewed by PG&E. Dollar amount shown does not necessarily reflect entire amount of filed claim. Amount shown is ISO/PX/Generator portion of claim. Claims denoted with "i" assert a claim for interest in an unspecified amount.
I2l Dollar ianount includes interest of S26,334.85.
131 Duke asserts a contingent/ unliquidated claim for damages arising out of any pre-petition transaction, agreement or arrangement, including without limitation, that certain Settlement Agreement, dated March 7, 2001 (the "Settlement Agreement").
' Court approved Master Settlement Agreement (Docket No.14226) with El Paso will result in the withdrawal (once Settlement becomes effective) of Exhibit I Page 2 of 3
Pacific Gas and Electric Company: Chapter 11 Class 6 Claims Affected by FERC Refund Proceedings Exhibit 1 Creditor Dollar Amount of Claim affected by FERC Refund Proceedings 1 Line No.
Claim No.
Line No.
Claim No. 8837 relating to power sales to PG&E through the ISO and PX.
131 Dollar amount includes interest of 17,580.49.
61 Pending Enron Settlement provides that Enron will seek to have Wheelabritor withdraw this claim.
Exhibit I Page 3 of 3
Pacific Gas and Electric Company: Chapter 11 Class 5 Claims Affected by FERC Proceedings Exhibit 2 Dollar Amount of Claim affected by FERC Proceedings IlI Line No. Claim No.
Creditor 1
8802 2
12640 3
12385 4
12602 5
8855 6
140 7
6738 8
8875 9
8876 10 11027 11 13331 12 12592 CA INDEPENDENT SYSTEM OPERATOR CORP CITY AND COUNTY OF SAN FRANCISCO CITY OF PALO ALTO CITY OF SANTA CLARA DUKE ENERGY OAKLAND LLC GEORGIA-PACIFIC CORPORATION MIDWAY-SUNSET COGENERATION COMPANY MIRANT DELTA LLC MIRANT POTRERO LLC MODESTO IRRIGATION DISTRICT NORTHERN CALIFORNIA POWER AGENCY STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES 56,505,301.09 1,200,000.00 5,987,690.73 3,241,097.53 44,764,441.79 300,031.31 876,472.01 16,639,577.40
. 3,917,510.07 1,894,818.00 6,070,953.90 170,744,542.00 Line No.
121 1
131 2
.1'1 3
151 4
Iq 5
171 6
1RI 7
191 8
1201 9
112 10 1121 1
1233 12 13 9579
. THE CIT GROUP/CREDIT FINANCE INC (Big Valley Lumber) 14 11550 TURLOCK IRRIGATION DISTRICT 208,000.00 1141 935,852.67 115,161 13 14 111 Dollar amount reflects claim as described in Attachment to Creditor's filed POC and reviewed by PG&E. Dollar amount shown does not necessarily reflect entire amount of filed claim. Amounts shown reflect what is identified as Class 5 portion of the claim.
22 Litigation portion of claim in the amount S38,510,291.00 subject to COTP Proceeding. RMR portion of claim in the amount of S17,995,010.09 subject to Market Mitigated Prices in FERC Refund Proceedings.
131 Claim for Emergency Services provided under Interconnection Agreement subject to Market Mitigated Prices in FERC Refund Proceedings and Scheduling Coordinator Services (SCS) Tariff Proceeding.
1 City of Palo Alto claim for RMR, Imbalance Energy and Emergency Services is duplicative of NCPA. Imbalance Energy and Emergency Services claims,
$2,464,724.94 and 53,225,228.00 respectively, subject to Market Mitigated Prices determined in FERC Refund Proceedings and SCS Tariff Proceeding.
RMR claim of S297,737.79 subject to Market Mitigated Prices determined in FERC Refund Proceedings.
251 Claim for Energy Sales to PG&E under Interconnection Agreement subject to Market Mitigated Prices determined in FERC Refund Proceedings and SCS Tariff Proceedings.
161 Per Stipulation (Docket No.13363), the RMR portion of Duke Oakland's Claim constitutes a "disputed" claim whose allowance is subject to a final, nonappelable order or settlement in the FERC RMR Rate and/or Refund Proceedings.
171QF pricing regarding claim for Energy Sales under Power Purchase Agreement affected by final PX prices in the FERC Refund Proceedings.
11QF pricing regarding claim for Energy Sales under Power Purchase Agreement affected by final PX prices in the FERC Refund Proceedings.
91The RMIR portion of Mirant Delta's claim is affected by FERC RMR Rate and/ or Refund Proceedings.
2Me2 RMR portion of Mirant Potrero's claim is affected by FERC RMR Rate and/or Refund Proceedings.
121 Claim for Vholesale Energy Sales to PG&E subject to Market Mitigated Prices determined in FERC Refund Proceedings and SCS Tariff Proceeding.
121 Imbalance Energy and Emergency Services claims, $2,464,724.94 and 83,225,228.00 respectively, subject to Market Mitigated Prices determined in FERC Refund Proceedings and SCS Tariff Proceeding. RMR claim of $381,000.96 subject to Market Mitigated Prices determined in FERC Refund Proceedings.
1131Pre-scheduled and Imbalance Energy Sales claims subject to Market Mitigated Prices determined in FERC Refund Proceedings. A Stipulation is pending to resolve this claim in the amount of S84,487,319.78..
141 QF pricing regarding claim for Energy Sales under Power Purchase Agreement affected by final PX prices in the FERC Refund Proceedings.
1251 Claim for Energy Sales under Interconnection Agreement subject to Market Mitigated Prices determined in FERC Refund Proceedings and SCS Tariff Proceedings.
Exhibit 2 Page I of 2
1 1 Balance of S47,370.1, resulting from 1999 Amendment to-Interconnection Agreement eliminating Balancing Account as of December 2000, subject to Market Mitigated Prices determined in FERC Refund Proceedings.
\\
Exhibit 2 Page 2 of 2
Pacific Gas and Electric Company: Chapter 11 Claims Containing Other ComponentsII Exhibit 3 Line No.
Claim No.
Creditor.
- Dollar Amount of Claim not affected by FERC Proceedings 1231 Line No.
1 13034 2
12385 3
12386 4
12602 5
8809 6
8850 7
12619 8
8837 9
13051 10 8872 11 13331 12 13390 13 8846 14 8045 15 7903 16 11550 17 7863 AES NEWENERGY CITY OF PALO ALTO CITY OF ROSEVILLE CITY OF SANTA CLARA CALIFORNIA DBA SILICON VALLEY POWER CORAL POWER LLC DUKE ENERGY TRADING & MARKETING LLC EAST BAY MUNICIPAL UTILITY DISTRICT EL PASO MERCHANT ENERGY L P IDAHO POWER COMPANY MIRANT AMERICAS ENERGY MARKETING LP NORTHERN CALIFORNIA POWER AGENCY NUEVO ENERGY COMPANY PG&E ENERGY SERVICES VENTURES.
SACRAMENTO MUNICIPALITY UTILITY DISTRICT SIERRA PACIFIC POWER COMPANY TURLOCK IRRIGATION DISTRICT WILLIAMS ENERGY MARKETING & TRADING COMPANY 8,947,319.25 122,190.53 Unknown Unknown 141 38,636.38 11,299,480.11 3,617.48 2,099,692.00 497,832.01 151 7,846,214.25 Unknown 743,005.80 346,835.55 161 1,562,134.33 171 3,537,514.57 88,643.94 747,900.00 I
2 3
4 5
6 7
8 9
10 11 12 13 14 15 16 17 III These claims consist of 1) components that are classified as Class 6, thus directly affected by the FERC Refund Proceedings as reflected in Exhibit I, and 2) "other" components that are not affected by the FERC Refund Proceedings. Amounts shown are identified as Class 5 unless noted otherwise in these footnotes.
21 Dollar amount reflects claim as described in Attachment to Creditor's filed POC and reviewed by PG&E. Dollar amount shown reflects the claim amount that is non-Class 6 and unrelated to the portion of the claim related to the FERC Proceedings listed on Exhibit 2.
3 "Unknown" represents "Contingent Claims" filed with an unknown dollar amount 141 Represents Class 7 (ESP) component of claim.
I59 Represents Class 7 (ESP) component of claim. Dollar amount includes interest of SI 0,801.90. Per Stipulation (Docket No. 9874), the portion of Idaho's Claim No. 13051 relating to DA Credits for the Boston Properties Accounts has been permanently withdrawn (in the amount of $5,259,154) as transferred to Boston Properties Inc. Claim No. 7915.
161 Represents Class 7 (ESP) component of claim.
171 DA Credit Claim of $1,530,473.51 represents Class 7 (ESP) component of claim.
31,660.82 for defaults under Cost Sharing Agreement represents Class 8 (Environmental) component of claim.
Exhibit 3 Page of 1
-Th w -- )
Pacific Gas and Electric Company: Chapter II PX Charge-Back Claims Claims Affected by Non-Refund FERC Proceedings Exhibit 4 Line No.
Claim No.
Dollar Amount of Claim that is PX Charge-Back Ill -
Creditor Line No.
1 8835 2
9423 3
9148 4
7141.
5 12510 6
8809 7
10827 8
13051 9
9788 10 8849 11 8072 12 8043 13 9407 14 12928 AES PLACERITA INC.
AQUILA ENERGY MARKETING CORPORATION ARIZONA ELECTRIC POWER COOPERATIVE INC.
AVISTA ENERGY, INC.
CITY OF RIVERSIDE CORAL POWER LLC HAFSLUND ENERGY TRADING IDAHO POWER COMPANY PACIFICCORP PG&E ENERGY TRADING POWER LP PORTLAND GENERAL ELECTRIC COMPANY POWEREX CORPORATION PUBLIC SERVICE COMPANY OF NEW MEXICO TRANSALTA ENERGY MARKETING (CALIFORNIA) INC.
143,962.87 Unspecified Unspecified Unspecified 3,780.26 242,154.82 776,644.59 Unspecified Unspecified Unspecified Unspecified Unspecified Unspecified
'Unspecified 121 141 161 Ill 291' 1101
[Ill 1121 liii I
2 3
4 5
6 7
8 9
10 11 12 13 14 11lDollar amounts represent PX Charge-Back claims. These dollars are affected by non-Refund FERC Proceedings.
121 Claimant originally asserted claim for PX Charge-Back in an unspecified amount. PG&E, in its Omnbus Objection to PX Charge-Back Claims (Docket No.11912), identified the amount as S316,330.90.
231 Claimant originally asserted claim for PX Charge-Back in an unspecified amount. PG&E, in its Omnibus Objection to PX Charge-Back Claims (Docket No.11912), identified the amount as S9,292.94.
'2 Claimant originally asserted claim for PX Charge-Back in an unspecified amount. PG&E, in its Omnibus Objection to PX Charge-Back Claims (Docket No.11912), identified the amount as $44,483.41.
251 Claimant originally asserted PX Charge-Back component in the amount of S242,154.82. PG&E, in its Omnibus Objection to PX Charge-Back Claims (Docket No.11912), identified the amount as S253,379.97.
61 Claimant originally asserted PX Charge-Back component in the amount of S776,644.59. PG&E, in its Omnibus Objection to PX Charge-Back Claims (Docket No.11912), identified the amount as S793,134.10.
1 Claimant originally asserted PX Charge-Back component in an unspecified amount. PG&E, in its Omnibus Objection to PX Charge-Back Claims (DocketNo.11912), identified the amount as $2,271,867.68.
151 Claimant originally asserted PX Charge-Back component in an unspecified amount. PG&E, in its Omnibus Objection to PX Charge-Back Claims (Docket No.11912), identified the amount as S1,930,435.90.
191 Clainiant originally asserted PX Charge-Back component in an unspecified amount. PG&E, in its Omnibus Objection to PX Charge-Back Claims (Docket No.11912), identified the amount as S50,325.59.
1101 Claimant originally asserted PX Charge-Back component in an unspecified amount. PG&E, in its Omnibus Objection to PX Charge-Back Claims (Docket No.11912), identified the amount as S9,280.27.
1111 Claimant originally asserted PX Charge-Back component in an unspecified amount. PG&E, in its Omnibus Objection to PX Charge-Back Claims (Docket No.11912), identified the amount as S3,608,874.92.
1121 Claimant originally asserted PX Charge-Back component in an unspecified amount. PG&E, in its Omnibus Objection to PX Charge-Back Claims (Docket No.11912), identified the amount as S12,984.80.
Exhibit 4 Page I of 2
A 1 Claimant originally asserted PX Charge-Back component in an unspecified amount PG&E, in its Onibus Objection to PX Charge-Back Claims (Docket No.11912), identified the amount as S629,755.35.
Exhibit 4 Page 2 of 2
Padic Gas and Electrlc Company Chapter 1I Summary of ClIms Exhibit S Totul Clanm Amoat 1
Mdctions to Total Claim DollarAmountofClaim Dollar Amount of Calm not Amount Pi affectedbyFERCtroedings afteddbyFERCProceedings lne No. Clam Now Creditor 2
3 7
13 14 is 16 27 19 203 21 22 23 24 23 26 27 23 29 20 32 32 33 34 33 36 37 33 39 40 41 42 43 45 46 47 43 49 so 32 3
34 53 56 57 59 60 62 62 63 64 63 66 67 63 69 70 71 13034 83S 12907 9423 9143 13313 7141 12520 3802 12339 13212 1562 12640 22515 1162 12514 1213 12512 32335 12511 12595 12510 12336 12602 7866 3294 228 Il10 3309 3055 1350 12372 13343 12619 3337 379 12306 240 10827 13051 5267 6903 6738 3372 375 376 11027 3315 13331 7904 13390 9733 12307 3346 3349 3779 372 8043 12313 3340 9407 7364 7149 1231 3045 1 1523 826 3324 3321 13290 7903 AES NEWENERGY INC 16,470,716.46 3.110,.47.91, AES PLACERITA INC 343,962.37 0.00 AMERICAN ELECTRIC POWER SERVICE 13000.00 0.00 CORPORATION AQUILA ENERGYMARKETING CORPORATION 316,656.4 0.00 ARIZONA ELECTRIC POWER COOPERATIVE INC 2.41,961.43 0.00 AUTOMATED POWER EXCHANGE INC
.45.123.50.3 9.909.167.15,.
AVISTA ENERGY. INC.
43,460,114.64 0.00.
BONNEVILLE POWER ADMINLSTRATION 39,375,954.76 0.00 CA INDEPENDENT SYSTEM OPERATOR CORP,
156,627,460.43 100,122,159.39 CALIFORNIA POLAR POWER BROKERS LLC 2,100.977.40 000 CALIFORNIA POWER EXCHANGE CORPORATION 1,773,979,343.96 0.00 CARGILL ALLIANT LLC 36.931.13 0.00 CITY AND COUNTY OF SAN FRANCISCO 97,290.136.00 0.30 CITY OF ANAHEIM 30,701,70.01 29,944,279.79 CITY OF AZUSA LIGHT AND WATER 2,247,775.45 2,067,317.61 CITY OP BURBANX 5,939,367.00 0.0 CITYOFCOLTON 1,022S11.17 0.00.
CITYOFGLENDALE 9,346634.21 0.00 CITYOPPALOALTO
. Ip3S.411.95 O.W CITY OF PASADENA 17,936,666.00 0.00 CITY OF REDOING 5,407,332.00 0.0 CITY OF RIVERSIDE 19,66,035.95 16,SS,996.S2 CITY OF ROSEVILLE L
U 0.00 CITY OF SANTA CLARA CALIFORNIA DBA SILICON 8.781.005.44 5,044,514.91 VALLEY POWER CITY OF SEATTLE 2,242,996.21 0.0 CITY OF VERNON 7.044463.0 0.00 CONECTIVENERGYSUPPLYINC 710,661.43 0.00 CONSTELLATION POWER SOURCE INC 1,877.645.37 0.00 CORAL POWER LLC 43,403.912.91 71,071.24 DUKE ENERGY OAKLAND LLC 44,764.441.79 0.00 DUKE ENERGY TRADING & MARKETING L L C 34,600,672.S 24,314.44 DYNEGY MARXETING & TRADE, DYNEGY POWER 43,4.57,615.26 3,687,990.65 MARXETING, INC.
DYNEGYMARKETINGANDTRADE 308.313.975.27 1,9Z0.9S7.50 EAST BAY MUNICIPAL UILITY DISTRICT 219,57.04 0.00 EL PASO MERCIIANT ENERGY L P 57,493.499.3 0.00 ENRON POWER MARKETING INC 215,515.064.05 I11,38S,034.0S ENTERGYKOClI TRADINGL 64,196.21 00 GEORGIA-PACIFIC CORPORATION 1.711.21.89 0.00 HAFSLUND ENERGY TRADING 10.07S,39.59 0.00 IDAHO POWER COMPANY 63,SI1.23.51 5,259.154.47 LOS ANGELES DEPARTMENT OF WATER & POWER 117,S4S,890.93 0.00 MERRILL LYNCH CAPITAL SERVICES, INC.
9,371.43425 0.00 MIDWAYSUNSET COGENERATION COMPANY 1,096.344.69 230,53.71 MIRANT AMERICAS ENERGY MARKETING LP 595,663.946.45 30.758,140.72 MIRANT DELTA LLC 16,639,577.40 0.00 MIRANTPOTREROLLC 3,917,510.07 O.0 MODESTO iUGATION DISTRICT 4,919.732.W 76,300.00 MORGAN STANLEY CAPITAL GROUP INC t,410,635.07 0.00 4.413,049.30 143-962717
,947,319.23 (1,00
,300,0.o00 0.00 316,656.48 o.o 2.542961.43
- i.
0.0.
35,914.331.43 0.0 43.460,114.64 000 S9,375,934.76
.00 S6.505,301.09
.. T.
0.00 2,100.977.40 0.00 1,773,979,543.96 0.00 36,933.23 0.30
,3oea)0.00 96.090.36.00 736,390.22 0.00 180,457.
4 0.00 5,939,567.00 0.00 1.022311.17.,.
0.30 9,346.634.21 00 11.266,221.42 122,390.3 17,936,666.00 0.00
,407,352.00 0.00 2.812.039.13 0.30 UhsoM Unohen 3,736.490.3 2.242996.21 7.044.463.30 710,661.43 1.377.645.87 43,294,205.29 44,764,441.79 23,276,373.00 43O,399,624.61 306,987,937.77 210,461.00 33,393,307.3 34,130.029.97 64,196.21 300,031.31 10.075.339.59 44,347,170.50 117,432,390.93 9.371,434.23 876,472.01 544,078,259.91 16,639,S77.40 3,917,510.07 4,342,932.00 3.410,635.07 11,349,494.S9 13,214,496.03
£12,324.33 3,440,745.89 2.291,9S6.17 2,211,000.00 27,365,101.54 7,42.819.00 72957222.03 23S253,313.24 17,217,739.92 2.443,414.94 7.103,362.12 17,921,019.54 65,000,000.00 346.274,394.00 39,343.397.91 5.555,325.67 17.419,22.53 32.737,000.00 1,298,218.42 93,182.137.89 54,716.13 l
0300 0300 0.30 0.30 0.30 33,636.33 0.30 31,299430.21 0.30 0.30 Pi 9,117.04 I 2,099,692.00 0.30 0.30 1.411.790.53 0.30 13.411.13.4 Pi 0.00 0.00 0.30 P'i 7,346,2242 M7 0.00 0.30 0.30 0.30 0.30 0.30 743,003.30 0.30 0.D0 346,35.53 0.30 I13.047.000.00 Pi 0.30 0.30 0.30 0.00 0.30 0.00 Line No.
2 3
4 6
7 9
10 I I 12 13 14 is 16.
37 1
19 20 21
-22 23 24
.25 26 27 23 29 30 32 33 34 35 36 37 33 39 40 41 42 43 44 45 46 47 48 49 so 51 52 33 54 55 56 57 33 39 60 6
62 63 64 63 66 67 68 69 70 71 NCPA NEVADA POWER COMlPANY NUEVO ENERGY COMPANY PACIFICCORP PECO ENERGY COMPANY PG&E ENERGY SERVICES VENTURES INC PG&E ENERGY TRADING POWER L P PINNACLE WEST CAPITOL CORPORATION AT ALL PORTLAND GENERAL ELECTRIC COMPANY POWEREX CORP.
PPL MONTANA LLC PUBLIC SERVICE COMPANY OF COLORADO PUBLIC SERVICE COMPANY OF NEW MEXCO PUBLIC UTIY DISTRICT NO. 2 O GRANT COUNTY. WASHINGTON PUGET SOUND ENERGY RELIANT ENERGY SERVICES INC SACRAMENTO MNICIPALTY UILITY DISTRICT SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT SAN DIEGO GAS & ELECTRIC COMPANY SAN DIEGO GAS AND ELECTRIC COMPANY SEM6PRA ENERGY SOLUMONS SEMPRA TRADING CORP SIERRA PACIFIC POWER COMPANY 11,349,434.59 13,214.496.03 1,555330.13 14,644,612.39 2,191,956.17 2,557,3355 27,363.101.54 33.767,767.00 71,957,2203 23,253313.24 17,217.739.92 2,443,414.94 7,105,362.32 17,323.01934 65,000,000.00 347.031,156.26 40.911,032.24 3,555,321.67 17.419,232.33 51,247,000.00 1,293,213.42 912,1.37.89 3,326,464.36 0I0 0.0 0.00 9,203.367.00 0.00 0.00 0.00 7,377,943.00 0.00 0.00
.0.00 0.00 0.00 0.00 0.00 756,262.26 0.00 000 0.00 0.00 000 0.00 234233.61 0.00 0.00 162134.31 0.00 0.00
- 18,460.300.00 PI 0.00 0.00 3,33714.37 SunemusOfCIm Ps
-I Page I o2
TotalaIm.Amou ti ReductionstsTotlsClaim Dollar Aount of L-Dollar Amount of Cim not AnauntPi affected by FERC Proceedage affected by FERC Proceedings UneNo.
ClahnNo.
Creditor Una No.
72 9693 73 9699 74 9700 75 12322 76 12592 77 9579 78 9401 79 12662 E0 1292t t
. 12329 t2 IISS0 3.
13018 4
9713 is 7363 SOUTHERN CALIFORNIA EDISON COMPANY SOUTHERN CALIFORNIA EDISON COMPANY SOUTHERN CALIFORNIA EDISON COMPANY STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES THE CT GROUP/CREDIT FINANCE INC (ig Valley Lunetr)
THE MARTINEZ REFINING COMPANY THE REGENTS OF THE UNIVERSITY OF TRANSALTA ENERGY MARKETING (CALIFORNIA)
TJCSON ELECTRIC POWER COMPANY T1JRlLOCK IRRIGATION DIST.
UNITED STATES OF AMERICA WHEELABRATOR MARTEILL INC WILLIAMS ENERGY MARICETING A TRADING COMPANY 21.313,334.45 36,183,467.00 170744.542.00 781,46672 26S.637.16 3.292622.69 53.702,00325 13,373,605.00 S.701,30.32 13.931,441.00 1.013,190.19 597,427.221.92 0.00 0.00 0.00
'0.00 21,313,334.45 Unown Unboon 36.183,467.00 0.00
.0moul 0.00 72 73 74 75 76 0.00 170,744.542.00 0.00 0.00 0.00 0.00 1250,000.00 0.00 95,240.60 0.00 0.00 6,319,112.07 208,000.00 265,637.16 3,292622.69 S2,452,0032S 13.373.60S.00 S.517,94S.71 13.931.441.00 1,013,190.19 S90,360,209.35 580,466.72 0.00 0.00 0.00 0.00 8,643.94 0.00 0.00 747,900.00 77 78 79 s0 82I 82 83 84 8s t6 6,39S294,4S7.6S.
466,234,523.93.
,780,749,2229 ItS3t9,990.S9 86
'Teal ClimAmonunt represes the dollar am4 specifedo Caiman P
fofC m I
plikepresentg pplicablerectlaions o Total ClinAmount, insaudir clahim cpoens disallo redac4 vthdwu r paid puuar to Courl Order or Stipuatn 14 Stipulation (Docket No. 13561) alon the poetin o(Ameaced Clain No. 13341 relating to Ga Swp in the arnw4 oS 1,900.917.S0.
t Class r claim components, agrepting S9,117.04, ennst ofmoney owed for a reanned check, uaid lawe, good; sald and propery dange. Ofthe S9, 17.04. S5,499.56 has been paid poat-peil MSdpulaion to +Akaw approxiterely S13 nilion in Undotcheduling Penalties claim poaxfn Court Ordor sustaining PG&E Onubs Objection to Uelnerched-ling Penalties (Docket No. 7330) did not ad mess Asnded Caim No. 1305I.
1' tPer Cowl rulitg (Docket No. 11 564) the Final Allowed A hrours camot be detrnsined untl resobsties ofthe FERC Rchnd Proceedins. lover, the incnssoal smxsmse, ubovc the 5280S3.71 amnune, will not eceed S976.472OI.
Mhir.ls clim includes a cntnieafion value' of opprmxitcly S37 nilion far its Bilateral EncrUy Contmac0 M Reprsents Cass 7 (ESP) cwpessen fd clim Per Stipulaton (Dock No. 14417), DA Credit eopc ofbm is allowed ia the an ofSl1047,000.00.
MPer Order (Docket No. 12744), to the extect that SDG&E'r Cbaim No. 8224 is based on RMR sweveri it shall csstitute a "disputcre csnim whoe allowance is subject to the resolution of ary disputs Initiated on or before the Effectice Date between SDG&E and the CAISO.
Sunresry Of Cairus Page 2 of 1