ML040970440

Notice of Motion for Order Allowing Administrative Claim of Commonwealth Energy Corporation

ML040970440
Person / Time
Site:	Diablo Canyon
Issue date:	03/26/2004
From:	Albert T Albert, Weiland & Golden, LLP, Commonwealth Energy Corp
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM, 94-0742640
Download: ML040970440 (1)

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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALBERT, WEILAND & GOLDEN, LLP Theodor C. Albert, California State Bar No. 81449 650 Town Center Drive. Suite 950 Costa Mesa, California 92626 Telephone:

(714) 966.1000 Facsimile:

(714) 966-1002 Attorneys for Commonwealth Energy Corporation l

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIJF{RNIA SAN FRANCISCO DMSION';

In re Case No. 0130923 DM Pacific Gas and Electric Company, a Chapter 1 1 Case California corporation, NOTICE OF VIOTION FOR ORDER ALLOWING ADMINISTRATIVE CLAIM OF COMMOIvWEALTH ENERGY CORPO RAT. ON' TIN: 94-0742640 DATE: Aprll 29,2004 Debtor.

TIME:

1:30 p.m.

I JUDGE:

fish. DennIs Montall PLACE:

Courtroom 22 2Z 5 Pine Stret Sin Francisx, CA motion filed Janur 21 2004 cotinued ~to Aprft19 0

af'!

TO THE DEBTOR AND PARTIES4N-INTEREST:

1:30 p.m.

PLEASE TAKE NOTICE on April.29,2004. at 1:30 p.m In Courtroorn 22of the above-entitled Court. 235 Pine Street, San Erancisco, Calfomia, Commonwealth Energy Corporation ('Commonwealth') will be heard on Its motion for an order ailowing an administrative claim under 11 U.S.C. § 503(a).

The motion will be based upon the accompanying memorandum of points and authorities and declaration of Michael Nelson, with exhibit, nd upon such other and further evidence as may be presented at the hearing. By thiiJ motion, Commonwealth seeks allowance of the sums of (a) $1,319.258 as an adminiqtrative claim for the period NOTICE OF MOTION C."TCMi215.D0 C 1

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'15 16 17 18 19 20 21 22 23 24 25 26 27 28 following the petition date to July 31.,2001 plus (b) interest thereon at the legal rate of 10% per annum for the period following J6.y 31, 2001. The administrative claim is entitled to priority under II U.S.C.-§ 503 to be paid in full, in cash, on the effective date of the plan, under 11 U.S.C. §11 29(a)(9)(A).

Comrnonwealth is entitled to an order aflowing its administrative claim because the Debtor, without right or authority, created *CTC credits against billing to direct access customers for power purchased by Commonwealth. This had the effect of eliminating Commonwaalths ability to receive payment for the power.

You may requet a copy of the supporting memorandum of points and authorities and declaration by contacting counsel at the address given above.

DATE:

March 26,.2004 ALBERT, WEILAND & GbLDEN, LLP BY-THEODOR C. ALBERT

.Attorneys for Commonwealth I Energy Corporation.

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