ML040440317

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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)
ML040440317
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
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)
v • d • e


Text

' A I JAMES L. LOPES (No. 63678)

JANET A. NEXON (No. 104747) 2 GARYM. KAPLAN (No. 155530)

HOWARD, RICE, NEMEROVSKI, CANADY, 3 FALK & RABKIN-A Professional Corporation 4 Three Embarcadero Center, 7th Floor .,.

San Francisco, California 94111-4024 5 Telephone: 415/434-1600 Facsimile: 415/217-5910 6

Attorneys for Debtor and Debtor in Possession 7 PACIFIC GAS AND ELECTRIC COMPANY 8

9 UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 In re Case No. 01-30923 DM HOWARD 13 PACIFIC GAS AND ELECTRIC Chapter 11 Case RICE NEMEROvSK COMPANY, a California corporatic n,-

FAU( 14 Date:. March 5, 2004

&I RABYIN Debtor. Time: 1:30 p.m.

A~tf_ 15 Place: 235 Pine Street..22nd Floor San Francisco, California 16 Federal I.D. No. 94-0742640 f Judge: Hon. Dennis Montali 17 18 19 NOTICE OF MOTION AND MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND FOR RELATED RELIEF; 20 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 21 [SUPPORTING DECLARATION OF KERMIT KUBITZ FILED SEPARATELY]

22

'23 24 25 26 27 28 MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF I,

fX - >

YI I TABLE OF CONTENTS 2 Page 3 NOTICE OF MOTION AND MOTION 1 4 MEMORANDUM OF POINTS AND AUTHORITIES 2 5 I. INTRODUCTION' 2 6 II. FACTUAL BACKGROUND AND DISCUSSION 3 7 A. General Factual Background 3 8 B. The FERC Refund Proceedings And Other FERC Proceedings. 6 9

1. The FERC Refund Proceedings 6 10
2. The Scheduling Coordinator Services Tariff Proceeding 8 11
3. The California-Oregon Transmission Project Proceeding 9 12
4. The PX Chargeback Proceeding 10 HWARD.

RJCE 13 C. Claims Affected By Resolution Of The FERC Refund FA 14 Proceedings. 11

"" 15 1. RMR Claims 11 16 2. Claims For Imbalance Energy And Emergency Services 12 17 3. QF Claims 13 18 D. Extension Applicable To Other Portions Of Claims With ISO, PX And Generator Claims Component 15 19 E.. Extension Of The Time To Object To Claims Subject To 20 Pending Objections And Other Disputed Claims 15 21 F. The Claims Subject To The Requested Extensions Should Be Deemed Disputed Claims Until The Applicable Objection 22 Deadline Elapses 16 23 III. CONCLUSION 17 24 25 26 27 28 MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF

-i-

1 l.- . NOTICE OF MOTION AND MOTION 2

3 PLEASE TAKE NOTICE.that on-March 5; 2004 at 1:30 p.m., or as soon 4 thereafter as the matter may be heard, in the Courtroom of the Honorable Dennis Montali, 5 located at 235 Pine Street, 22nd Floor, San Francisco, California, Pacific Gas and Electric 6 Company, the debtor and debtor in possession in the above-captioned Chapter 11 case 7 ("PG&E" or the "Debtor"); will and hereby does move (the "Motion") the Court for entry of 8 an order (1) extending the time for the Debtor. to object to certain proofs of claim filed 9 herein, whose allowance is dependent, in whole or in part, on certain proceedings pending 10 before the Federal Energy Regulatory Commission, until after resolution of such 11 proceedings, (2)-extending the time for the Debtor to object to claims which are subject to 12 pending objections or otherwise constitute. "Disputed Claims".under the Debtor's confirmed HoRD 13 Chapter .11 plan as of the time such plan becomes effective, until 30 days after the objections NEMERO/MKI FALK 14 to such claims are resolved or such claims no-longer constitute Disputed Claims, and (3).

&RABKJN

    • "-~15 providing certain related relief. -i '

16 - ;The Motion is based on this Notice of Motion and Motion, the accompanying 17 Memorandum of Points and Authorities, the Declaration of Kermit Kubitz ("Kubitz 18 Declaration'?) filed concurrently herewith, the record of this case and any evidence or; 19 argument presented at or prior to the hearing on this Motion. -

20 PLEASE TAKE FURTHER NOTICE that pursuant to Rule 9014-1(c)(1) of the 21 Bankruptcy Local Rules of the United States District Court for the Northern District of 22 California, any.written opposition to the Motion and the relief requested herein must be filed 23 with the Bankruptcy Court and served upon.appropriate parties (including counsel for' 24 PG&E, the Office of the United States Trustee and the Official Committee of Unsecured 25 Creditors) at least 14 days prior to the scheduled hearing date. If there is no timely.

26 opposition to the requested relief, the Court may enter an order granting such relief by -

.27 default and without further hearing.: .

28

. MOTION FOR EXTENSION OF TiME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF 1 ' MEMORANDUM OF-POINTS AND AUTHORITIES 2 ' . ~~~~~~I.

3 INTRODUCTION 4 On December 22, 2003, this Court entered its order confirming the Plan of

5. Reorganization Under Chapter of the Bankruptcy Code for Pacific Gas and Electric 6 ' Company Dated July 31, 2003, As Modified by Modifications Dated November 6, 2003 and 7 December 19, 2003 (the "Plan") 1. The Effective Date of the Plan has not yet occurred, 8 although Section 8.2 of the Plan reflects that the Effective Date is anticipated to occur by 9' March31,2004. -

10 Pursuant to the Plan, unless otherwise ordered by the Bankruptcy Court, the 11 deadline for filing objections to Claims (other than Administrative Expense Claims) is the

  • 12 Effective Date of the Plan. As recognized by the Plan; all ISO, PX and Generator Claims, IVA&A6RD 13- which are classified in Class 6 under the Plan, constitute Disputed Claims, whose resolution NEMERO FI 14 is subject to the FERC Refund Proceedings. The Plan provides that such Claims will 15 become Allowed Claims following resolution of the FERC Refund Proceedings. The Plan 16 further provides that the Debtor will not attempt to obtain a determination by this Court of 17 the matters at issue in the FERC Refund Proceedings, although the Debtor retains the right to 18 bring objections to ISO, PX and Generator Claims before this Court on other grounds.' As 19 discussed below, the FERC Refund Proceedings remain pending, and are not expected to be 20' resolved rior to the anticipated Effective Date of the. PG&E Plan. 'Accordingly, presuming 21 *that the Plan becomes effective, PG&E seeks an extension of time to object to ISO; PX and 22 Generator Claims (listed on Exhibit 1 attached hereto) until the date that such Claims 23 become Allowed Claims under the Plan.

24 The Debtor requests a similar extension with respect to numerous other Claims 25 filed against'the Debtor (listed on Exhibits 2 and 4 attached hereto) that are expected to be 26 27 1 Capitalized terms used herein without definition have the meanings ascribed to them in the Plan.

28 MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF 1I 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.

8 . , . 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.

11 .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 S ABK[N.?k.'.j' objecting to Claims. . -, .. . . , . -

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 . r .... - a ,

II. - .

P I.r ;f ....;.i.

19 ' - FACTUAL BACKGROUND AND DISCUSSION "'3 20 A. General Factual

Background:

21 . ' : '.'PG&E Y' 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 WCE 13 Section 5.4(g)(i) of the Plan further provides that ISO, PX and Generator Claims will 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

-ofelectricity 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]achof 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 18 ' '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,

-23 ' '~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."

25In 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

I B. The FERC Refund Proceedingzs And Other FERC Proceedings..

2 1. The FERC: Refund Proceedings 3 In response to the unprecedented increase in wholesale electricity prices during 4 2000 and 2001, FERC held, on November 1, 2000, that prices in the California electric

.5 power markets were not just and reasonable. San Diego Gas & Elec. Co. v. Sellers of 6 Energy, 93 F.E.R.C. (CH) 161,121 at 61,349-61,350 (Nov.1l, 2000). In addition, on 7 July 25, 2001, FERC held that buyers would be entitled to refunds for power purchased in 8 such markets from October 2, 2000. through June 20, 2001. San Diego Gas & Elec. Co. v.

9 Sellers of Energy, 96 F.E.R.C.,(CCH) 161,120 at 61,513-61,514 (July 25, 2001). The 10 amount of refunds was left to be determined in subsequent FERC proceedings. On 11 December.12, 2002, a FERC administrative law judge ("AL") issued an initial decision (the 12 "December 12 Order") finding that energy sellers had overcharged the utilities, the State of HA-RD 13 California and other buyers from October 2, 2000 through June 20, 2001 by approximately

FAM 14 $1.8 billion. San Diego Gas &Elec. Co. v. Sellers of Energy, 101 F.E.R.C. ¶63,026

&RON J-#-- 15 (December 12, 2002).

16 On March 26, 2003, FERC confirmed most of the ALJ's findings in the 17 December 12 Order, but modified the refund methodology in part. San Diego Gas &

18 Electric Company et al., 102 F.E.R.C. 161,317 (2003) (the "March 26 Order"). On 19 October 16, 2003, FERC issued an order affirming, in most respects, the March 26 Order.

20 San Diego Gas & Electric Conpany et al., 105 F.E.R.C. 161,066 (2003) (the "October 16 2i Order"). The exact calculation of the refunds to be paid by the power sellers will not be 22, determined until the ISO and the PX complete compliance filings to implement the changes 23 -required pursuant to the December 12 Order, the March 26 Order and the October 16 Order..

24 Pursuant to the October 16 Order, the ISO and the PX were given a period of five months 25 (.. . continued) any agency thereof, at the option of the Debtor, until the Disputed Claim becomes 26 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 27 Claims of the same Class. In addition; the holder of such a Disputed Claim will earn Post-Petition Interest."

28' 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

12. 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.' CaliforniaIndependent System 20 OperatorCorp.,' 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,
3. 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

9. 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

.E 13 Allowed amounts of ISO, PX and Generator Claims, until the latter part of 2004 at the 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).

23 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 andElectric 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 submitsthat 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

- ~

7Th 1 inappropriately, in invoices to PG&E, PG&E disputed them and initiated arbitration under 2 the ISO Tariff's alternative dispute resolution ("ADR") provisions. PG&E prevailed in that

3. arbitration, obtaining an. arbitration award that directed the ISO to return the amounts 4 inappropriately collected from PG&E. Pursuant to the ADR provisions under the ISO 5 Tariff, the ISO "appealed" the arbitration award to FERC, seeking to reverse the decision as 6 to the $14 million already paid by PG&E, and asserting that PG&E owes an additional $36

.7 million of COTP-related charges. That appeal has been fully briefed and is currently

.8. pending at FERC.. It is not known when FERC might issue its decision in this proceeding.

9 The ISO has filed a claim against PG&E relating to the additional COTP-related amounts 10, 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 12 of PG&E's objections to the ISO COTP Claim are likely to be resolved through FERC's 13 ruling in the COTP proceeding, PG&E submits that it is appropriate to extend the time for IIK "A&RD RCE EM8ERY FAIJC 14 objecting to such Claim (listed on Exhibit 2 attached hereto) until 45 days after FERC's E R.ABKN i

71 15 issuance of an order in that proceeding, provided such order has not been stayed. (Such 16 extension is analogous to the treatment for ISO, PX and Generator Claims discussed above.)

17 4. The PX Charieback Proceeding

18. As discussed in PG&E's Omnibus Objection To PX Charge-Back Claims filed 19 herein on January 28, 2003 (Docket No. 11912), on April 6, 2001, FERC issued an order 20 rescinding certain "PX chargebacks" imposed by the PX on its market participants, finding 21 that the PX chargeback methodology led to unjust and unreasonable results. Certain 22 requests for rehearing of that order were filed, which are still pending.. In subsequent orders, 23 FERC has denied requests by certain market participants to obtain the return of chargeback 24 amounts, stating that certain issues are still pending on rehearing, and that nothing should be 25 done until FERC issues further orders, as other proceedings may impact the appropriate 26 resolution.

27 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.'

19 1. 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

24. 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

1 FERC Refund Proceedings (as discussed in Section II.B.1. above) will affect the 2 "Scheduling Coordinator Credits" ("SC Credits") on the RMR owners' respective invoices,

.3 thereby necessarily impacting the amount of the RMR Claims. In particular, the RMR 4 Agreements provide that either"[a]ny amounts received by or due to Owner's Scheduling 5 Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions 6 shall be subtracted from the amount otherwise due under each RMR invoice" (id. § 9. 1(e)),

.7 or "[a]ll amounts received by or due to Owner's Scheduling Coordinator in connection with 8 Market Transactions and Nonmarket Transactions during the Billing Month ('Scheduling 9 Coordinator Revenues') shall be subtracted from the amount otherwise due under each RMR 10 Invoice" (id. § 9. (f)).12 11 Thus, the amounts due to the Owner's Scheduling Coordinator are based on the 12 applicable MMCP for electricity and ancillary services. Pursuant to FERC's March 26 HoamRD- 13 Order discussed in Section II.B.1. above, the ISO's market reruns in connection with the cAFN.14 FERC Refund Proceedings are expected to result in changes to the applicable MMCP,

-'_~ 15 thereby changing the amount of the SC Credits on the RMR Owners' invoices, and, 16 consequently, the amount owed with respect to the RMR Claims.

17 Accordingly, PG&E submits that it is appropriate to extend the time for objecting 18 to the RMR Claims listed on Exhibit 2 attached hereto consistent with the requested 19 extension of time to object to ISO, PX and Generator Claims (i.e., on the date designated by 20 FERC when payments are to be made on account of ISO, PX and Generator Claims pursuant 21 to an unstayed order in the FERC Refund Proceedings, or if no date is designated in such 22 order, 45 days after the issuance of such order, provided such order has not been stayed).

23 2. Claims For Imbalance Energy And Emergency Services 24 Various claims have been filed against PG&E for "Imbalance Energy," "Energy 25 Sales to PG&E," "Emergency Services" and similar amounts (collectively "Imbalance 26 27 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..

28 MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED RELIEF 1 Energy Claims") (as listed on Exhibit 2,attached hereto). Imbalance Energy refers to energy 2 sold to PG&E by power sellers, which PG&E in turn sold into the ISO's imbalance energy

.3 ,market folldwing the collapse of the PX and the markets it operated in mid-January 2001.

  • 4 The Imbalance Energy Claims are based on energy prices that FERC has determined were 5 not just and reasonable in connection with the.FERC Refund Proceedings, and has ruled that 6 the appropriate MMCP should be applied to such Imbalance Energy sales. Specifically, -in 7 item 5.0. (included in the "Proposed Finding Summarily Adopted") of its March 26 Order,'

FERC stated: .- . '..' .:

9 "The CAISO 'should mitigate capacity charges for ancillary services or other non-energy charges by applying the MMCP to sales of'

10 imbalance energy and ancillary service sales' and their attendant charge types."

11 Pursuant to FERC's March 26 Order, the ISO's market reruns in connection with 12 the FERC Refund Proceedings are expected to result in changes to the applicable MMCP, HOAARD 1 3  !' ~. . ~ ' '-~ . ,, , ,I . . , ,  ! ' .  ; i ; . - : . ' . , ; . . . ,.-

KCE NEMER9FKJ thereby changing the amount owed with respect to the Imbalance Energy Claims.

FALK '1

&KALKN Accordingly, PG&E submits that it is appropriate to extend the time for objecting to the F~.15 Imbalance Energy Claims listed on Exhibit 2 attached hereto consistent with'the requested 16 extension of time to object to ISO, PX and Generator Claims (i.e., on thedate designated by 17 FERC when payments are to be made on account of ISO, PX and Generator Claims pursuant 18 to an unstayed order in the FERC Refund Proceedings, or if no date is designated in such 19 '.  ? *. - .  : - '  ; *: 45:<;] .. ^ . - ., 1 '  : ¢! . ; ¢ order, 45 days after the issuance of such order, provided such order has not been stayed).

20

- 3. OF Claims 21 Certain "qualifying facilities" ("QFs") have filed claims against PG&E (listed on 22 Exhibit 2 attached hereto) including amounts owed under their respective Power Purchase' 23 -

Agreements ("PPAs" which are calculated based on the "PX day-ahead hourly zonal market 24 clearing price" for' a certain period of time (the "QF Claims Based On PX Pricing").

25 Pursuant to FERC's March 26 Order, the ISO and PX market reruns in' 26 connection with the FERC Refund Proceedings are expected to result in chafiges to the 27 applicable MMCP, thereby changing the amount owed with respect to the QF Claims Based 28-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 that it is appropriate to deem such Claims as Disputed Claims for a period that is consistent 2' with the extension of time to object to ISO, PX and Generator Claims (i.e., on the date 3 designated by FERC when payments are to be made'on 'account of ISO, PX and Generator

'4 'Claims pursuant to an unstayed order in 'the FERC Refund Proceedings, or.if no date is

  • .5 designated in such order, 45 days'after the issuance of such order, provided such order-has 6 not been stayed). "' '.;

7 D. . Extension Applicable To Other Portions Of Claims With ISO. PX And 8 Generator Claims Component -- -

9 The Debtor further requests.that the extension' oftiiiie to object to Claims

-10 containing ISO, PX and Generator Claims'apply to all components of such Claims, including 11 ' those which are not directly affected by the resolution of.the FERC Refund Proceedings 12 '(collectively, the "Other Component Claims"). 'Absent such relief, the Debtor may be forced 13

.RD to prematurely file objections to and litigate the Other Component Claims,which generally NEMEsib FAXK 14 constitute a relatively minor portion of the applicable Claim,-and could potentially be part of A~ _ 15 a' global resolution of such Claim upon determination of the Allowed amount of the ISO, PX 16 and Generator Claims portion following resolution of the FERC Refund Proceedings.;

17 The Debtor submits that granting such relief will avoid piecemeal and potentially 18 needless litigation, which is in the best interests of all concerned parties, as well as the-,

19 Court. ' . . . ..

20 E.' Extension' Of The Time To Obleft To Claims Suble't To Pending Objections 21 And Other Disputed Claims 22 The Debtor has filed objections to hundreds of Claims in this case, many of' 23 which remain pending. The Debtor also intends to file objections to numerous other claims

. . . .
.* . : .,  : , . f .t X . r I -7 . , . j ,. : :.i 24 prior to the Effective Date, many of which are not expected to be resolved by the Effective 25 Date. Pursuant to this Court's Order (1) Authorizing Debtor To File Certain Preliminary

.26 - Omnibus Objections To Claims Without Prejudice To Right To File Subsequent Objections 27 Thereto And (2jWaiving Compliance With Federal Rules Of Civil Procedure 26(a) And (f) 28 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 4114), to the extent that a claim is not fully resolved through the determination of the 2 Debtor's "omnibus" objection, the Debtor may file additional objections to such claim on

3. any grounds not included in the omnibus objection. In addition, based on, inter alia, 4 stipulations entered into with various creditors and certain Orders issued by this Court, there 5- are currently a number of Disputed Claims which are not expected to become Allowed by 6' the Effective Date, and which may be subject to additional objections.

7 Accordingly, the Debtor seeks an extension of the time for it to object to claims 8 which are subject to pending objections or otherwise constitute Disputed Claims as of the

.9 Effective Date; until 30 days after the objections to such Claims are finally resolved or such 10 Claims no longer constitute Disputed Claims. The Debtor submits that this will conserve 11 estate resources by preventing the Debtor from being forced to make potentially unnecessary 12 objections which might otherwise be required if such objections or disputes were not HaWARD 13 resolved prior to the Effective Date, which is the current deadline for objecting to Claims.

RiCE NEMEFNVW cAw 14 F. The Claims Sublect To The Requested Extensions Should Be Deemed

&KABK(N Disputed Claims Until The Applicable Objection Deadline Elapses

  • 15 In order to effectuate the relief requested herein, the Debtor further requests that 16 all of the Claims that are subject to the extensions sought herein be deemed Disputed Claims 17 under the Plan until expiration of the period for objecting to such Claims. 3 Absent such 18 relief, such Claims could become "Allowed" and accordingly entitled to payment under the 19 Plan, notwithstanding the Debtor's right to file objections to such Claims. In such event, the 20 Debtor would be placed in the difficult position of potentially having to recover payments 21 made to a creditor to the extent a subsequent objection is sustained.

22 The Debtor submits that, in view of the provisions for the accrual of interest on 23 Disputed Claims until such Claims are paid, the relevant claimants will not be prejudiced by 24.

this additional relief.

25 26 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 27 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.

28.

MOTION FOR EXTENSION OF TIME TO OBJECT TO CERTAIN PROOFS OF CLAIM AND RELATED. RELIEF

..:III...-...L
  • .2 CONCLUSION 3 For all of the foregoing reasons, .PG&E respectfully requests that the Court make 4 and enter its Order as follows: -

5 ... 1.; Granting the Motion. ..

6 2;.. Extending the time for PG&E to object to the ISO, PXand Generator

.7 Claims listed on Exhibit 1 attached hereto until such Claims become Allowed pursuant to the 8 Plan' (i.e., on the date designated byPFERC when payments are to be made on account of 9 ISO- PX and Generator Claims pursuant to an unstayed.order in the FERC Refund 10 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).. . .

12 3. . Extending the time for PG&E' to object to the RMR. Claims and the HOA&RD 13 Imbalance Energy. Claims listed on Exhibit 2 attached hereto until the date designated by MCE NEME~aSC cNAY14 FERC wshen payments are to be made on account of ISO, PX and Generator Claims pursuant.

FOLK 15 to an unstayed order.in the FERC Refund Proceedings, or if no date is designated in such 16 order,'45 days after the issuance of such order, provided'such order has not been stayed.

17 4. Extending the time for PG&E to object to the Other Component Claims

18. listed on Exhibit 3 attached hereto until the date designated by FERC when payments are to 19 be made on account of ISO, PX and Generator Claims pursuant to an unstayed order in the 20 FERC Refund Proceedings, or if no date is designatedin such order', 45 days after the 21 issuance of such order, provided such order has not been stayed..

22 5.. Extending'the time for PG&E to'object to the SCS Related Claims listed on

  • 23 Exhibit 2 attached hereto until 45 days after FERC's issuan6e of an order in the SC Tariff 24 proceeding, provided such order has not been stayed.

25 6. 'Extending the time for PG&E to object to the ISO COTP. Claim (listed on

'26 Exhibit 2 attached hereto) until 45 'daysafter FERC's issuance of an order in the COTP 27 proceeding, provided such order has not been stayed.

28 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 on Exhibit 4 attached hereto until 45 days after FERC's issuance of an order regarding the 2 issues pending on rehearing in the PX chargeback proceeding, provided such order has not 3 been stayed.

4 8. Extending the time for PG&E to object to claims which are subject to 5 pending objections or otherwise constitute Disputed Claims as of the Effective Date, until 30 6 days after the objections to such Claims are finally resolved or such Claims are no longer 7' Disputed.

8 9. Providiig that QF Claims Based On' PX Pricing listed on Exhibit 2 attached 9 hereto shall constitute Disputed Claims until the date' designated by FERC when payments 10' are to be made on'account of ISO, PX and Generator Claims pursuant to an unstayed order 11 in the FERC Refund Proceedings, or if no date is designated in such order, 45 days after the 12 issuance of such order, provided such order has not been stayed.

HOARRD 13 10. Providing that the foregoing extensions may be further extended by the NEMER NFA 14 Court based upon a subsequent motion filed on or before the applicable deadline.

j 15

11. Providing that all of the Claims that are subject to the foregoing extensions 16 shall be deemed Disputed Claims under the Plan until expiration of the' applicable period for 17 objecting to such Claims.

18 12. Granting such other and further relief as may be just and appropriate.

19 DATED: February 6 2004 20 Respectfully, 21 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN 22 A Professional Corporation

'23 24 By:

25 Attorneys for Debtor and Debtor in Possession 26 PACIFIC GAS AND ELECTRIC COMPANY WD 020604/1-1419913/120/1 126820tv3 27 28 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 Line No.

by FERC Refund Proceedings III 1 13034 AES NEWENERGY INC. * - 4,413,049.30 1 2 12907 AMERICAN ELECTRIC POWER SERVICE CORPORATION 1,300,000.00 2 3 9423 *AQUILA ENERGY MARKETING CORPORATION 316,656.48 '3 4 9148 ARIZONA ELECTRIC POWER COOPERATIVE INC  ; . 2,541;961.43' 4 5 13313 AUTOMATED POWER EXCHANGE INC. .35,914,338.43' S 6 7141 AVISTA ENERGY, INC. *  ;.t 43,460,114.64' 6 7 12520 *BONNEVILLE POWER ADMINISTRATION  ; . . 89,375,954.76- 7 8 12339 CALIFORNIA POLAR POWER BROKERS LLC 2,100,977.40' 8 9 13282 CALIFORNIA POWER EXCHANGE 1,778,979,543.96 - 9 10 8562 CARGILL ALLIANT LLC 56,931.83- 10 I1 12515 CITY OF ANAHEIM 756,890.22 11 12 11562 CITY OF AWSA LIGHT AND WATER .1. .. 80,457.84 12 13 12514 CITY OF BURBANK 5,989,567.00- 13 14 12513 CITY OF COLTON 1,022,811.17' 14 15 12512 CITY OF GLENDALE  ; - .. . 9,346,634.21 15 16 12385 CITY OF PALO ALTO 5,278,530.69. 16 17 12511 CITY OF PASADENA 17,936,666.00 17 18 12595 CITY OF REDDING 5,407,352.00 .18 19 12510 CITY OF RIVERSIDE 2,808,258.87- 19 20 12386 CITY OF ROSEVILLE Unknown 20 21 .12602 CITY OF SANTA CLARA CALIFORNIA DBA SILICON VALLEY 495,393.00- -21 22 7866 CITY OF SEATTLE 2,242,996.21 121 22 23 12594 CITY OF VERNON 7,044,463.80- 23 24 8228 CONECTIV ENERGY SUPPLY INC. 710,661.43' .24 25 8810 CONSTELLATION POWER SOURCE INC. 1,877,645.87- 25 26 8809 CORAL POWER LLC 43,052,050.47 - 26 27 8850 DUKE ENERGY TRADING & MARKETING LLC ,, j- 23,276,878.00 PI 27 .

28 13348 DYNEGY MARKETING & TRADE 306,987,987.77 28 29 11872 DYNEGY MARKETING & TRADE, DYNEGY POWER MARKETING, 430,899,624.61" 29 30 12619 EAST BAY MUNICIPAL UTILITY DISTRICT * '210,461.00 30 31 8837 EL PASO MERCHANT ENERGY LP 55,393,807.83 -141 31 32 8879 ENRON POWER MARKETING INC. ,- 34,130,029.97 32 33 12306 ENTERGY-KOCH TRADING LP F/K/A AXIA ENREGY LP

  • x64,196.21 33 34 10827 HAFSLUND ENERGY TRADING 9,298,945.00 34 35 13051 IDAHO POWER COMPANY 44,847,170.50' 35 36 5267 LOS ANGELES DEPARTMENT OF WATER &POWER - 117,848,890.93' 36 37 6903 MERRILL LYNCH CAPITAL SERVICES, INC 9,371,434.25' 37 38 8872 MIRANT AMERICAS ENERGY MARKETING LP 544,078,259.91' 38 39 11027 MODESTO IRRIGATION DISTRICT .2,948,114.00 39 40 8815 MORGAN STANLEY CAPITAL GROUP INC. 8,410,635.07 ' 40 41 7904 NEVADA POWER COMPANY 13,214,496.03', 41 42 13331 NORTHERN CALIFORNIA POWER AGENCY 5,278,530.69 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 Line No.

by FERC Refund Proceedings II]

43 13390 NUEVO ENERGY COMPANY 812,324.33 44 9788 PACIFICCORP 5,440,745.89 45 12307 PECO ENERGY COMPANY 2,191,956.17 46 8846 PG&E ENERGY SERVICES VENTURES INC. 2,211,000.00 47 8849 PG&E ENERGY TRADING POWER LP 27,365,101.54' 48 8779 PINNACLE WEST CAPITOL CORPORATION 7,842,819.00 49 8072 PORTLAND GENERAL ELECTRIC COMPANY 71,957,222.08 50 8043 POWEREX CORPORATION 285,253,313.24 51 12313 PPL MONTANA LLC 17,217,789.92 52 8540 PUBLIC SERVICE COMPANY OF COLORADO 2,443,414.94 53 9407 PUBLIC SERVICE COMPANY OF NEW MEXICO 7,105,362.82 54 7864 PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY, 17,828,019.54 55 7149 PUGET SOUND ENERGY 65,000,000.00 56 12318 RELIANT ENERGY SERVICES INC. 346,274,894.00 57 8045 SACRAMENTO MUNICIPALITY UTILITY DISTRICT 39,348,897.91 58 11525 SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND 5,555,325.67 POWER DISTRICT 59 8826 SAN DIEGO GAS & ELECTRIC COMPANY 17,419,252.53 60 8824 SAN DIEGO GAS AND ELECTRIC COMPANY 32,787,000.00 61 8821 SEMPRA ENERGY SOLUTIONS 1,298,218.42 62 13290 SEMPRA TRADING CORP 98,182,137.89 63 7903 SIERRA PACIFIC POWER CO. 54,716.18 64 9693 SOUTHERN CALIFORNIA EDISON COMPANY 28,313,334.45 65 9699 SOUTHERN CALIFORNIA EDISON COMPANY Unknown 66 9700 SOUTHERN CALIFORNIA EDISON COMPANY Unknown 67 12322 STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES 36,183,467.00 68 9408 THE MARTINEZ REFINING COMPANY 265,637.16 69 12662 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA DAVIS 3,292,622.69 70 12928 TRANSALTA ENERGY MARKETING (CALIFORNIA) INC. 52,452,003.25 71 12329 TUCSON ELECTRIC POWER COMPANY 13,373,605.00 72 11550 TURLOCK IRRIGATION DISTRICT 4,582,093.11 73 13018 UNITED STATES OF AMERICA 13,931,448.00 74 9713 WHEELABRATOR MARTELL INC. 1,083,190.19* 161 75 7863 WILLIAMS ENERGYMARKETING & TRADING COMPANY 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.

I2lDollar ianount includes interest of S26,334.85.

131Duke 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 Line No. Claim No. Creditor Dollar Amount of Claim affected Line No.

by FERC Refund Proceedings 1 Claim No. 8837 relating to power sales to PG&E through the ISO and PX.

131 Dollar amount includes interest of 17,580.49.

61Pending 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 Line No. Claim No. Creditor by FERC Proceedings IlI Line No.

1 8802 CA INDEPENDENT SYSTEM OPERATOR CORP 56,505,301.09 121 1 2 12640 CITY AND COUNTY OF SAN FRANCISCO 1,200,000.00 131 2 3 12385 CITY OF PALO ALTO 5,987,690.73 .1'1 3 4 12602 CITY OF SANTA CLARA 3,241,097.53 151 4 5 8855 DUKE ENERGY OAKLAND LLC 44,764,441.79 Iq 5 6 140 GEORGIA-PACIFIC CORPORATION 300,031.31 171 6 7 6738 MIDWAY-SUNSET COGENERATION COMPANY 876,472.01 1RI 7 8 8875 MIRANT DELTA LLC 16,639,577.40 191 8 9 8876 MIRANT POTRERO LLC . 3,917,510.07 1201 9 10 11027 MODESTO IRRIGATION DISTRICT 1,894,818.00 112 10 11 13331 NORTHERN CALIFORNIA POWER AGENCY 6,070,953.90 1121 1 12 12592 STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES 170,744,542.00 1233 12 13 9579 . THE CIT GROUP/CREDIT FINANCE INC (Big Valley Lumber) 208,000.00 1141 13 14 11550 TURLOCK IRRIGATION DISTRICT 935,852.67 115,161 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.

22Litigation 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.

131Claim 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.

251Claim 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.

171 QF 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.

91 The 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.

121Claim 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.

1131 Pre-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..

141QF pricing regarding claim for Energy Sales under Power Purchase Agreement affected by final PX prices in the FERC Refund Proceedings.

1251Claim for Energy Sales under Interconnection Agreement subject to Market Mitigated Prices determined in FERC Refund Proceedings and SCS Tariff Proceedings.

Exhibit 2 Page I of2

11 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 Line No.

affected by FERC Proceedings 1231 1 13034 AES NEWENERGY 8,947,319.25 141 I 2 12385 CITY OF PALO ALTO 122,190.53 2 3 12386 CITY OF ROSEVILLE Unknown 3 4 12602 CITY OF SANTA CLARA CALIFORNIA DBA SILICON VALLEY Unknown 4 POWER 5 8809 CORAL POWER LLC 38,636.38 5 6 8850 DUKE ENERGY TRADING & MARKETING LLC 11,299,480.11 6 7 12619 EAST BAY MUNICIPAL UTILITY DISTRICT 3,617.48 7 8 8837 EL PASO MERCHANT ENERGY L P 2,099,692.00 8 9 13051 IDAHO POWER COMPANY 497,832.01 151 9 10 8872 MIRANT AMERICAS ENERGY MARKETING LP 7,846,214.25 10 11 13331 NORTHERN CALIFORNIA POWER AGENCY Unknown 11 12 13390 NUEVO ENERGY COMPANY 743,005.80 12 13 8846 PG&E ENERGY SERVICES VENTURES. 346,835.55 161 13 14 8045 SACRAMENTO MUNICIPALITY UTILITY DISTRICT 1,562,134.33 171 14 15 7903 SIERRA PACIFIC POWER COMPANY 3,537,514.57 15 16 11550 TURLOCK IRRIGATION DISTRICT 88,643.94 16 17 7863 WILLIAMS ENERGY MARKETING &TRADING COMPANY 747,900.00 17 IIIThese 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.

21Dollar 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 141Represents Class 7 (ESP) component of claim.

I59Represents 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.

161Represents Class 7 (ESP) component of claim.

171DA 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 Dollar Amount of Claim that is PX Line No. Claim No. Creditor Charge-Back Ill - Line No.

1 8835 AES PLACERITA INC. 143,962.87 I 2 9423 AQUILA ENERGY MARKETING CORPORATION Unspecified 121 2 3 9148 ARIZONA ELECTRIC POWER COOPERATIVE INC. Unspecified 3 4 7141. AVISTA ENERGY, INC. Unspecified 141 4 5 12510 CITY OF RIVERSIDE 3,780.26 5 6 8809 CORAL POWER LLC 242,154.82 6 7 10827 HAFSLUND ENERGY TRADING 776,644.59 161 7 8 13051 IDAHO POWER COMPANY Unspecified 8 9 9788 PACIFICCORP Unspecified Ill 9 10 8849 PG&E ENERGY TRADING POWER LP Unspecified 291' 10 11 8072 PORTLAND GENERAL ELECTRIC COMPANY Unspecified 1101 11 12 8043 POWEREX CORPORATION Unspecified [Ill 12 13 9407 PUBLIC SERVICE COMPANY OF NEW MEXICO Unspecified 1121 13 14 12928 TRANSALTA ENERGY MARKETING (CALIFORNIA) INC. 'Unspecified liii 14 11lDollar amounts represent PX Charge-Back claims. These dollars are affected by non-Refund FERC Proceedings.

121Claimant 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.

231Claimant 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.

151Claimant 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.

191Clainiant 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.

1101Claimant 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.

1111Claimant 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.

1121Claimant 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 1

lne No. ClamNow Creditor Totul ClanmAmoat Mdctions to Total Claim DollarAmountofClaim Dollar Amount of Calm not Line No.

AmountPi affectedbyFERCtroedings afteddbyFERCProceedings 13034 AESNEWENERGY INC 16,470,716.46 3.110,.47.91, 4.413,049.30 ,947,319.23 2 83S AES PLACERITA INC 343,962.37 0.00 143-962717 (1,00 2 3 12907 AMERICAN ELECTRIC POWERSERVICE 13000.00 0.00 ,300,0.o00 . 0.00 3 CORPORATION 9423 AQUILA ENERGYMARKETING CORPORATION 316,656.4 . 0.00 316,656.48 *. ,. o.o ' 4 9143 ARIZONA ELECTRIC POWERCOOPERATIVE INC 2.41,961.43 0.00 2.542961.43 i. 0.0.

13313 AUTOMATED POWEREXCHANGE INC .45.123.50.3 9.909.167.15,. 35,914.331.43

  • 0.0 6 7 7141 AVISTA ENERGY. INC. . , 43,460,114.64 . 0.00 . 43.460,114.64 000 7 12520 BONNEVILLE POWER ADMINLSTRATION . 39,375,954.76 0.00 S9,375,934.76 . .00 .

3802 CA INDEPENDENT SYSTEMOPERATOR CORP , 156,627,460.43 100,122,159.39 S6.505,301.09 .. T. , 0.00 9 12339 CALIFORNIA POLAR POWERBROKERSLLC 2,100.977.40 000 2,100.977.40 0.00 10 13 13212 CALIFORNIA POWEREXCHANGE CORPORATION 1,773,979,343.96 0.00 1,773,979,543.96 0.00 II 14 1562 CARGILL ALLIANT LLC 36.931.13 0.00 36,933.23 0.30 12 12640 CITY AND COUNTY OF SAN FRANCISCO . . 97,290.136.00 . 0.30 ,3oea)0.00 96.090.36.00 13 is 22515 CITY OFANAHEIM 30,701,70.01 29,944,279.79 736,390.22 0.00 14 1162 CITY OFAZUSA LIGHT AND WATER 2,247,775.45 2,067,317.61 180,457. 4 . 0.00 is 16 12514 CITY OPBURBANX 5,939,367.00 0.0 5,939,567.00 0.00 16.

27 1213 CITYOFCOLTON - , 1,022S11.17 . 0.00 . 1.022311.17.,. 0.30 37 12512 CITYOFGLENDALE 9,346634.21 0.00 9,346.634.21 00 1 19 32335 CITYOPPALOALTO . . Ip3S.411.95 .. O.W 11.266,221.42 .. 122,390.3 19 203 12511 CITY OF PASADENA 17,936,666.00 0.00 17,936,666.00 0.00 20 21 12595 CITY OF REDOING , 5,407,332.00  :

  • 0.0 ,407,352.00 . 0.00 21 22 12510 CITYOF RIVERSIDE 19,66,035.95 16,SS,996.S2 2.812.039.13 0.30 -22 23 12336 CITY OF ROSEVILLE U L . 0.00 UhsoM Unohen 23 24 12602 CITY OF SANTA CLARA CALIFORNIA DBA SILICON 8.781.005.44 5,044,514.91 3,736.490.3 0300 24 VALLEY POWER 23 7866 CITY OFSEATTLE 2,242,996.21 ,
  • 0.0 2.242996.21 0300 .25 26 3294 CITY OF VERNON 7.044463.0 0.00 7.044.463.30 l 0.30 26 27 228 CONECTIVENERGYSUPPLYINC 710,661.43 0.00 710,661.43 0.30 27 23 Il10 CONSTELLATION POWERSOURCEINC 1,877.645.37 0.00 1.377.645.87 0.30 23 29 3309 CORAL POWERLLC 43,403.912.91 71,071.24 43,294,205.29 33,636.33 29 20 3055 DUKE ENERGYOAKLAND LLC 44,764.441.79 0.00 44,764,441.79 0.30 30 32 1350 DUKE ENERGY TRADING &MARKETING L L C 34,600,672.S 24,314.44 23,276,373.00 31,299430.21 32 12372 DYNEGY MARXETING &TRADE, DYNEGY POWER 43,4.57,615.26 3,687,990.65 43O,399,624.61 0.30 32 MARXETING, INC.

33 13343 DYNEGYMARKETINGANDTRADE 308.313.975.27 1,9Z0.9S7.50 306,987,937.77 0.30 Pi 33 34 12619 EAST BAY MUNICIPAL UILITY DISTRICT , 219,57.04 0.00 210,461.00 9,117.04 I 34 33 3337 EL PASOMERCIIANT ENERGY L P 57,493.499.3 0.00 33,393,307.3 2,099,692.00 35 36 379 ENRON POWERMARKETING INC 215,515.064.05 I11,38S,034.0S 34,130.029.97 0.30 36 37 12306 ENTERGYKOClI TRADINGL 64,196.21 00 64,196.21 0.30 37 33 240 GEORGIA-PACIFIC CORPORATION 1.711.21.89 0.00 300,031.31 1.411.790.53 33 39 10827 HAFSLUND ENERGY TRADING 10.07S,39.59 0.00 10.075.339.59 0.30 39 40 13051 IDAHO POWERCOMPANY 63,SI1.23.51 5,259.154.47 44,347,170.50 13.411.13.4 Pi 40 41 5267 LOS ANGELES DEPARTMENT OF WATER & POWER 117,S4S,890.93 0.00 117,432,390.93 0.00 41 42 6903 MERRILL LYNCH CAPITAL SERVICES,INC. 9,371.43425 0.00 9.371,434.23 0.00 42 43 6738 MIDWAYSUNSET COGENERATION COMPANY 1,096.344.69 230,53.71 876,472.01 0.30 P'i 43 3372 MIRANT AMERICAS ENERGY MARKETING LP 595,663.946.45 30.758,140.72 544,078,259.91 7,346,2242 M7 44 45 375 MIRANT DELTA LLC 16,639,577.40 0.00 16,639,S77.40 0.00 45 46 376 MIRANTPOTREROLLC 3,917,510.07 O.0 3,917,510.07 0.30 46 47 11027 MODESTO iUGATION DISTRICT 4,919.732.W 76,300.00 4,342,932.00 0.30 47 43 3315 MORGAN STANLEY CAPITAL GROUPINC t,410,635.07 0.00 3.410,635.07 0.30 48 49 13331 NCPA 11,349,434.59 0I0 11,349,494.S9 0.30 49 so 7904 NEVADA POWERCOMlPANY 13,214.496.03 0.0 13,214,496.03 0.30 so 13390 NUEVO ENERGY COMPANY 1,555330.13 0.00 £12,324.33 743,003.30 51 32 9733 PACIFICCORP 14,644,612.39 9,203.367.00 3,440,745.89 0.30 52 3 12307 PECOENERGY COMPANY 2,191,956.17 0.00 2.291,9S6.17 0.D0 33 34 3346 PG&E ENERGY SERVICESVENTURES INC 2,557,3355 0.00 2,211,000.00 346,35.53 54 53 3349 PG&E ENERGY TRADING POWERL P 27,363.101.54 0.00 27,365,101.54 0.30 55 56 3779 PINNACLE WEST CAPITOL CORPORATION AT ALL 33.767,767.00 7,377,943.00 7,42.819.00 I13.047.000.00 Pi 56 57 372 PORTLAND GENERAL ELECTRIC COMPANY 71,957,2203 0.00 72957222.03 0.30 57 8043 POWEREX CORP. 23,253313.24 0.00 23S253,313.24 0.30 33 59 12313 PPL MONTANA LLC 17,217.739.92 .0.00 17,217,739.92 0.30 39 60 3340 PUBLIC SERVICECOMPANY OFCOLORADO 2,443,414.94 0.00 2.443,414.94 0.00 60 62 9407 PUBLIC SERVICECOMPANY OFNEW MEXCO 7,105,362.32 0.00 7.103,362.12 0.30 6 62 7364 PUBLIC UTIY DISTRICT NO. 2 O GRANT 17,323.01934 0.00 17,921,019.54 0.00 62 COUNTY. WASHINGTON 63 7149 PUGET SOUNDENERGY 65,000,000.00 0.00 65,000,000.00 0.00 63 64 1231 RELIANT ENERGY SERVICESINC 347.031,156.26 756,262.26 346.274,394.00 0.00 64 63 3045 SACRAMENTO MNICIPALTY UILITY DISTRICT 40.911,032.24 0.00 39,343.397.91 162134.31 63 66 11523 SALT RIVER PROJECT AGRICULTURAL 3,555,321.67 000 5.555,325.67 0.00 66 IMPROVEMENT AND POWERDISTRICT 67 826 SAN DIEGO GAS &ELECTRIC COMPANY 17.419,232.33 0.00 17.419,22.53 0.00 67 63 3324 SAN DIEGO GAS AND ELECTRIC COMPANY 51,247,000.00 0.00 32.737,000.00

  • 18,460.300.00 PI 68 69 3321 SEM6PRA ENERGY SOLUMONS 1,293,213.42 000 1,298,218.42 0.00 69 70 13290 SEMPRA TRADING CORP 912,1.37.89 0.00 93,182.137.89 0.00 70 71 7903 SIERRA PACIFIC POWERCOMPANY 3,326,464.36 234233.61 54,716.13 3,33714.37 71

-I SunemusOfCIm Ps I o2 Page

t UneNo. ClahnNo. Creditor TotalaIm.Amou i ReductionstsTotlsClaim Dollar Aount of L- Dollar Amount of Cim not Una No.

AnauntPi affectedby FERC Proceedageaffectedby FERC Proceedings 72 9693 SOUTHERN CALIFORNIA EDISON COMPANY 21.313,334.45 0.00 21,313,334.45 0.00 72 73 9699 SOUTHERN CALIFORNIA EDISON COMPANY 0.00 Unown 73 74 9700 SOUTHERN CALIFORNIA EDISON COMPANY 0.00 Unboon .0moul 74 75 12322 STATE OF CALIFORNIA DEPARTMENT OF WATER 36,183,467.00 '0.00 36.183,467.00 0.00 75 RESOURCES 76 12592 STATE OF CALIFORNIA DEPARTMENT OF WATER 170744.542.00 0.00 170,744.542.00 0.00 76 RESOURCES 77 9579 THE CT GROUP/CREDIT FINANCE INC (ig Valley 781,46672 0.00 208,000.00 580,466.72 77 Lunetr) 78 9401 THE MARTINEZ REFINING COMPANY 26S.637.16 0.00 265,637.16 0.00 78 79 12662 THE REGENTS OF THE UNIVERSITY OF 3.292622.69 0.00 3,292622.69 0.00 79 E0 1292t TRANSALTA ENERGY MARKETING (CALIFORNIA) 53.702,00325 1250,000.00 S2,452,0032S 0.00 s0 t . 12329 TJCSON ELECTRIC POWERCOMPANY 13,373,605.00 0.00 13.373.60S.00 0.00 82I t2 IISS0 T1JRlLOCK IRRIGATION DIST. S.701,30.32 95,240.60 S.517,94S.71 8,643.94 82 3 . 13018 UNITED STATES OF AMERICA 13.931,441.00 0.00 13.931.441.00 0.00 83 4 9713 WHEELABRATOR MARTEILL INC 1.013,190.19 0.00 1,013,190.19 0.00 84 is 7363 WILLIAMS ENERGY MARICETING A TRADING 597,427.221.92 6,319,112.07 S90,360,209.35 747,900.00 8s COMPANY t6 6,39S294,4S7.6S . 466,234,523.93 . ,780,749,2229 ItS3t9,990.S9 86

'Teal ClimAmonunt represes thedollar am4 specifedo Caiman P fofC m I pplicablerectlaions o Total ClinAmount, insaudirclahim plikepresentg cpoens disallo redac4 vthdwu r paid puuar toCourl Order or Stipuatn 14Stipulation (DocketNo. 13561)alon thepoetin o(Ameaced Clain No. 13341relatingto Ga Swp in the arnw4 oS 1,900.917.S0.

t Class rclaim components, agrepting S9,117.04, ennst ofmoney owedfor areannedcheck,uaid lawe, good; saldandpropery dange. Ofthe S9, 17.04.S5,499.56 hasbeen paid poat-peil MSdpulaion to +Akaw approxiterely S13 nilion in Undotcheduling Penalties claim poaxfn Court OrdorsustainingPG&E Onubs Objectionto Uelnerched-ling Penalties (DocketNo. 7330) did not ad mess Asnded Caim No. 1305I.

1t

'PerCowl rulitg (DocketNo. 11564) theFinal Allowed A hrours camot be detrnsined untl resobstiesofthe FERCRchnd Proceedins. lover, theincnssoal smxsmse,ubovc the 5280S3.71 amnune,will not eceed S976.472OI.

Mhir.ls clim includes a cntnieafion value' of opprmxitcly S37nilion far its Bilateral EncrUyContmac0 MReprsents Cass 7 (ESP)cwpessen fd clim PerStipulaton (Dock No. 14417),DA Credit eopc ofbm is allowedia thean ofSl1047,000.00.

MPer Order (DocketNo. 12744),to theextectthatSDG&E'r Cbaim No. 8224isbasedon RMR sweveri it shallcsstitute a "disputcre csnimwhoeallowance is subjectto theresolution of ary disputs Initiated on or beforetheEffectice Datebetween SDG&E andtheCAISO.

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