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Category:Legal-Affidavit
MONTHYEARML24162A0792024-06-0707 June 2024 OEDO-24-00083 - 10 CFR 2.206 - Diablo Canyon Units 1 and 2 Seismic CDF - Supplemental Declaration 6-7-2024 - DCL-23-022, 2023 Annual Statement of Insurance for Pacific Gas and Electric Companys Diablo Canyon Power Plant2023-03-29029 March 2023 2023 Annual Statement of Insurance for Pacific Gas and Electric Companys Diablo Canyon Power Plant DCL-19-082, Submittal of Site-Specific Decommissioning Cost Estimate2019-12-0404 December 2019 Submittal of Site-Specific Decommissioning Cost Estimate DCL-18-100, License Amendment Request 18-02 - License Amendment Request to Revise Technical Specification 5.6.5b1 Core Operating Limits Report (COLR) for Full Spectrum Loss-of-Coolant Accident Methodology2018-12-26026 December 2018 License Amendment Request 18-02 - License Amendment Request to Revise Technical Specification 5.6.5b1 Core Operating Limits Report (COLR) for Full Spectrum Loss-of-Coolant Accident Methodology ML16061A4522016-02-11011 February 2016 Submittal of Tricon Phase 2 Documents for the License Amendment Request for Process Protection System Replacement DCL-16-020, Diablo Canyon, Units 1 and 2 - Submittal of Tricon Phase 2 Documents for the License Amendment Request for Process Protection System Replacement2016-02-11011 February 2016 Diablo Canyon, Units 1 and 2 - Submittal of Tricon Phase 2 Documents for the License Amendment Request for Process Protection System Replacement ML16026A3882016-01-0505 January 2016 Westinghouse Electric Company, LLC, Submittal of Proprietary Version of LTR-DCPPS-15-008 Response to NRC RAI 73 (Open Item 129). ML15090A2752015-03-26026 March 2015 Independent Spent Fuel Storage Installation - Consent and Hearing Waiver Form ML14171A2372014-06-11011 June 2014 Submittal of Supplemental Analysis for Inservice Inspection Program Relief Request SWOL-REP-1 U2 DCL-14-034, Affidavit No. 993754-AFF-104T, Dated 03/12/2014, Signed by Mark Herschthal2014-03-12012 March 2014 Affidavit No. 993754-AFF-104T, Dated 03/12/2014, Signed by Mark Herschthal ML14205A0352014-03-12012 March 2014 Affidavit No. 993754-AFF-104T, Dated 03/12/2014, Signed by Mark Herschthal DCL-13-061, CS Innovations - Application for Witholding Proprietary Information from Public Disclosure, Enclosure, Attachment 22013-04-25025 April 2013 CS Innovations - Application for Witholding Proprietary Information from Public Disclosure, Enclosure, Attachment 2 ML13078A2922013-03-0505 March 2013 Areva Affidavit for Areva Calculations #32-9199805-000, Diablo Canyon Power Plant Unit 2 Pzr Safety and Spray Nozzles Planar Flaw Analysis (Proprietary) and #32-9199937-000, DCPP Unit 2 - Evaluation of Laminar Indications in Pressurizer Noz DCL-12-069, Diablo Canyon, Units 1 and 2 - Submittal of Attachment 1, Quality Assurance Plan and Revised Phase 1 Documents for the License Amendment Request for Digital Process Protection System Replacement and Attachment 8 Affidavit 993754-AFF-38T2012-08-0202 August 2012 Diablo Canyon, Units 1 and 2 - Submittal of Attachment 1, Quality Assurance Plan and Revised Phase 1 Documents for the License Amendment Request for Digital Process Protection System Replacement and Attachment 8 Affidavit 993754-AFF-38T ML12222A0942012-08-0202 August 2012 Submittal of Attachment 1, Quality Assurance Plan and Revised Phase 1 Documents for the License Amendment Request for Digital Process Protection System Replacement and Attachment 8 Affidavit 993754-AFF-38T ML12137A0242012-05-15015 May 2012 Diablo Canyon - May Hearing File Update ML11297A0562011-10-18018 October 2011 Diablo Canyon - October Hearing File Update ML0715501312007-05-23023 May 2007 SER Compliance with WCAP-16260-P-A the Spatially Corrected Inverse Count Rate (Scicr) Method for Subcritical Reactivity Measurement DCL-05-121, Correction of Information Contained in License Amendment Request 05-04. Revision to Technical Specification 5.3.1. 'Unit Staff Qualifications.'2005-12-23023 December 2005 Correction of Information Contained in License Amendment Request 05-04. Revision to Technical Specification 5.3.1. 'Unit Staff Qualifications.' DCL-05-018, License Amendment Request 05-01 Revision to Technical Specification 5.5.9, Steam Generator Tube Surveillance Program, and 5.6.10, Steam Generator Tube Inspection Report. to Allow Use of the W* Alternate Repair Criteria.2005-03-11011 March 2005 License Amendment Request 05-01 Revision to Technical Specification 5.5.9, Steam Generator Tube Surveillance Program, and 5.6.10, Steam Generator Tube Inspection Report. to Allow Use of the W* Alternate Repair Criteria. DCL-04-149, License Amendment Request 04-07, Revision to Technical Specifications 3.7.17 and 4.3 for Cycles 14-16 for a Cask Pit Spent Fuel Storage Rack2004-11-0303 November 2004 License Amendment Request 04-07, Revision to Technical Specifications 3.7.17 and 4.3 for Cycles 14-16 for a Cask Pit Spent Fuel Storage Rack DCL-04-123, License Amendment Request 04-06 Removal of Technical Specifications 5.6.1, Occupational Radiation Exposure Report, and 5.6.4, Monthly Operating Reports2004-11-0101 November 2004 License Amendment Request 04-06 Removal of Technical Specifications 5.6.1, Occupational Radiation Exposure Report, and 5.6.4, Monthly Operating Reports DCL-04-104, Response to NRC Request for Additional Information Regarding License Amendment Request 04-01, 'Revised Steam Generator Voltage-based Repair Criteria Probability of Detection Method for Plant.2004-08-18018 August 2004 Response to NRC Request for Additional Information Regarding License Amendment Request 04-01, 'Revised Steam Generator Voltage-based Repair Criteria Probability of Detection Method for Plant. DCL-04-089, Response to June 14 and July 6, 2004, NRC Request for Additional Information Re License Amendment Request 03-18, Revision to Technical Specifications 5.5.9, 'Steam Generator (SG) Tube Surveillance Program,' & 5.6.10.2004-07-30030 July 2004 Response to June 14 and July 6, 2004, NRC Request for Additional Information Re License Amendment Request 03-18, Revision to Technical Specifications 5.5.9, 'Steam Generator (SG) Tube Surveillance Program,' & 5.6.10. DCL-04-095, 60-Day Response to NRC Bulletin 2004-01, Inspection of Alloy 82/182/600 Materials Used in the Fabrication of Pressurizer Penetrations and Steam Space Piping Connections at Pressurized Water Reactors2004-07-27027 July 2004 60-Day Response to NRC Bulletin 2004-01, Inspection of Alloy 82/182/600 Materials Used in the Fabrication of Pressurizer Penetrations and Steam Space Piping Connections at Pressurized Water Reactors DCL-04-066, Response to NRC Request for Additional Information Regarding License Amendment Request 03-12, Revision to Technical Specifications 3.3.1, 'Rts Instrumentation,' and 3.3.2, 'Esfas Instrumentation.'2004-06-0404 June 2004 Response to NRC Request for Additional Information Regarding License Amendment Request 03-12, Revision to Technical Specifications 3.3.1, 'Rts Instrumentation,' and 3.3.2, 'Esfas Instrumentation.' ML0412804352004-04-30030 April 2004 Notice of Change of Address ML0409704212004-03-31031 March 2004 Saybrook Capital, LLC Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for February 1 Through February 29, 2004 ML0409805912004-03-18018 March 2004 Public Policy Advocates Llc'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expense for February 1, 2004 Through February 29, 2004 ML0406204532004-02-23023 February 2004 Declaration of Sandip Sen in Support of Debtor'S Motion for Authority to Establish Cash-collateralized Letter of Credit Program and Facility to Secure Gas Purchases, and to Incur Secured Debt Related Thereto (the Motion)' ML0403706042004-01-29029 January 2004 Declaration of Michael J. Donnelly in Support for Authority to Establish Cash-Collaterized Letter of Program and Facility to Secure Gas Purchases, and to Incur Secured Debt Related Thereto ML0403706012004-01-29029 January 2004 Declaration of Raymond X. Welch in Support of Motion for Authority to Establish Cash-Collateralized Letter of Credit Program and Facility to Secure Gas Purchases, and to Incur Secured Debt Related Thereto ML0400700982003-12-30030 December 2003 Howard, Rice Nemerovski, Canady, Falk & Rabkin Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for November, 2003 ML0400200602003-12-22022 December 2003 Declaration of Grant Guerra in Support of Motion for Order Authorizing the Debtor to Settle Claim No. 13377 Filed by the Presidio Trust ML0333810452003-11-26026 November 2003 Cooley Godward Llp'S Twenty-Ninth Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period October 1, 2003 - October 31, 2003 ML0331800932003-11-0606 November 2003 Proof of Service ML0331701792003-10-31031 October 2003 Declaration of Michael J. Donnelly in Support of Pg&E'S Application for Authority to Incur Plan Implementation Expenses in Connection with Certain Financings DCL-03-133, Full Compliance with Order for Compensatory Measures Related to Fitness-For-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel, Dated 04/29/03 (EA-03-038)2003-10-28028 October 2003 Full Compliance with Order for Compensatory Measures Related to Fitness-For-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel, Dated 04/29/03 (EA-03-038) ML0331800902003-10-23023 October 2003 Declaration of Jennifer A. Becker in Support of City of Oakland and Port of Oakland'S Motion for Relief from Automatic Stay ML0331800862003-10-23023 October 2003 Relief from Stay Cover Sheet ML0328703662003-09-29029 September 2003 Skadden, Arps, Slate, Meagher & Flom Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period August 1, 2003 Through August 31, 2003 ML0327312982003-09-24024 September 2003 (Reorganized) California Power Exchange Corporation'S Limited Objection to Motion for Order Authorizing Pacific Gas and Electric Company to Compromise Claims Against El Paso Natural Gas Company Et Alia and to Enter Into Agreements Resolving ML0327314402003-09-23023 September 2003 Fact Witness Disclosure of Satellite Senior Income Fund, Satellite Senior Income Fund II and Deutsche Bank Trust Company Americas to Objection to Confirmation of Plan of Reorganization Under Chapter 11 of the Bankruptcy Code for Pacific Gas ML0327313322003-09-22022 September 2003 Notice of Hearing on Interim Compensation Applications of Professionals and Final Expense Application of Creditors' Committee Members ML0326810702003-09-16016 September 2003 Declaration of Michael J. Donnelly in Support of Debtor'S Notice of Motion and Motion for Order Approving Debtor'S Execution and Performance Under the Amendment to First Amended and Restated Summary of Terms with Respect to Forbearance and ML0325412082003-09-11011 September 2003 Order Re Ex Parte Application of Pacific Gas and Electric Company Authorizing Settlement and Withdrawal of Claim of Laguna Irrigation District ML0325911092003-09-0505 September 2003 Declaration of Joshua Bar-Lev in Support of Debtor'S Motion for Order Authorizing Pacific Gas and Electric Company to Compromise Claims Against El Paso Natural Gas Company Et Alla and to Enter Into Agreements Resolving the Claims ML0325411442003-09-0404 September 2003 Relief from Stay Cover Sheet - Motion & Notice of Motion of Smud for Relief from Automatic Stay in Litigation ML0325213432003-08-29029 August 2003 Declaration of Joseph Sauvage in Support of Motion for Authority to Enter Into Certain Hedging Transactions in Connection with Financing Under Proposed Plan of Reorganization, and to Incur Secured Debt Related Thereto ML0325213452003-08-29029 August 2003 Declaration of Walter Hulse in Support of Motion for Authority to Enter Into Certain Hedging Transactions in Connection with Financing Under Proposed Plan of Reorganization, and to Incur Secured Debt Related Thereto 2024-06-07
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1 JAMES L. LOPES (No. 63678)
JANET A. NEXON (No. 104747) 2 JULIE B. LANDAU (No. 162038)
HOWARD, RICE, NEMEROVSKI, CANADY, 3 FALK & RABKIN A Professional Corporation 4 Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 5 Telephone: 415/434-1600 Facsimile: 415/217-5910 6
Attorneys for Debtor and Debtor in Possession 7 PACIFIC GAS AND ELECTRIC COMPANY 8
UNITED STATES BANKRUPTCY COURT 9
NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 In re Case No. 01-30923 DM HoWR 13 PACIIFIC GAS AND ELECTRIC Chapter 11 Case RiCE NqEMER£tK COIY.[PANY, a California corporation, October 21, 2002 cANDY FAIK 14 Date:
&*RAI3KIN Debtor. Time: 1:30 p.m.
"A"'%-- 15 Place: 235 Pine Street, 22nd Floor Fedelral I.D. No. 94-0742640, San Francisco, California 16 Judge: Hon. Dennis Montali 17 18 19 DECLARATION OF MICHAEL J. DONNELLY IN SUPPORT OF DEBTOR' S MOTION FOR AUTHORITY TO PAY FEES OF DESIGNATED 20 UNDERWRITER' S COUNSEL 21 22 23 24 cC 25 26 27 28 DONNELLY DECL. ISO DEBTOR'S MOT. FOR AUTHORITY TO PAY FEES OF DESIGNATED UNDERWRITER'S COUNSEL
1 I, Michael J. Donnelly, declare as follows:
2 1. I am the Assistant Treasurer of Pacific Gas and Electric Company, a position that 3 I have held since September of 2000. Except as otherwise indicated, I make this declaration 4 based upon my personal knowledge concerning the matters stated herein. If called as a 5 witness, I could and would testify competently to the facts stated herein.
6 2. I make this declaration in support of PG&E's Motion for Authority to Pay Fees of 7 Designated Underwriter's Counsel (the "Motion").
8 3. PG&E, together with its parent corporation, PG&E Corporation, has proposed a 9 Plan of Reorganization (as amended from time to time, the "Plan"), which has recently been 10 voted on by creditors, along with the competing plan of reorganization proposed by the 11 California Public Utilities Commission. The confirmation hearing has been scheduled to 12 commence on November 18, 2002.
HAKI)CE 13 4. The Plan provides for the creation of three new companies, ETrans LLC, GTrans NEMEBkIa cFNAD FAIX 14 LLC and Electric Generation LLC (collectively, the "New Entities"), whereby PG&E will
& RABKIN S15 separate according to its four historical lines of business and functions. Thus, the 16 Reorganized Debtor (referred to herein as "PG&E") will continue to operate the retail gas 17 and electric distribution business, ETrans LLC ("ETrans") will operate the electric 18 transmission business, GTrans LLC ("GTrans") will operate the gas transmission business, 19 and Electric Generation LLC ("Gen") will operate the electric generation business.
20 5. A significant component of the Plan involves the issuance of various types of 21 debt securities by the New Entities as part of the distributions to be made to holders of 22 Allowed Claims (as defined in the Plan) and by PG&E and the New Entities as a means of 23 financing the implementation of the Plan. PG&E and the New Entities will utilize the 24 services of one or more underwriters (the "Underwriter") in connection with the financing.
25 The Underwriter's services will include assisting in the structuring and pricing of the debt 26 securities, and marketing the New Money Notes (as defined in the Plan) to be sold to 27 investors, and facilitating potential initial sales of Long-Term Notes (as defined in the Plan) 28 by holders of Allowed Claims (as discussed in the Plan). As is customary in public offerings DONNELLY DECL. ISO DEBTOR'S MOT. FOR AUTHORITY TO PAY FEES OF DESIGNATED UNDERWRITER'S COUNSEL 1 of securities and in order to satisfy certain statutory requirements under the federal securities 2 laws, the Underwriter, together with its counsel, will conduct a due diligence investigation of 3 each of the issuers of the securities. The Underwriter has not yet been selected, although 4 PG&E anticipates that Lehman Brothers may serve as an Underwriter.
5 6. PG&E has designated Skadden, Arps, Slate, Meagher & Flom LLP ("Skadden")
6 to act as underwriter's counsel ("Underwriter's Counsel"). In this capacity, Skadden's 7 services may include: (i) reviewing, drafting and/or negotiating the legal documentation, 8 including the registration statements and related prospectuses to be filed with the Securities 9 and Exchange Commission ("SEC") by PG&E and each of the New Entities for the offerings 10 of New Money Notes to the public and the resale of Long-Term Notes by holders of 11 Allowed Claims to the public, and (ii) conducting the due diligence investigation of the 12 issuers of the debt securities being sold to the public. Specifically, Skadden will be Ho tfl 13 KICE responsible for reviewing and assisting in revising the registration statements and W 14 prospectuses for the offerings of New Money Notes for, among other things, compliance "15 with federal and state laws, rules and regulations relating to registered securities offerings as 16 well as the descriptions of the debt securities and the underwriting arrangements. In 17 connection with the preparation of the registration statements, Skadden will assist with the 18 due diligence investigation of each of the issuers, which will consist of a review of the 19 issuers' material contracts, financing arrangements, materials relating to pending or 20 threatened litigation, environmental reports and assessments and other materials, and will 21 meet with members of the issuers' management and external auditors to discuss their 22 business, legal and financial affairs. Skadden will also be responsible for drafting, reviewing 23 and/or negotiating the underwriting agreements, indentures and other legal documents 24 relating to issuance and sale of the New Money Notes and Long-Term Notes. I am informed 25 and believe and thereupon allege that in connection with the offerings, Skadden will also 26 provide the Underwriter with customary legal opinions with respect to matters relating to the 27 offerings as well as a "negative assurance" letter providing the Underwriter with assurance 28 that Skadden has no reason to believe that the registration statements or the prospectuses DONNELLY DECL. ISO DEBTOR'S MOT. FOR AUTHORITY TO PAY FEES OF DESIGNATED UNDERWRITER'S COUNSEL 1 contain any untrue statement or omission of a material fact. Skadden will also be 2 responsible for reviewing the "comfort letters" provided by the issuers' auditors, covering 3 the audited and unaudited financial information to be included in the registration statements.
4 7. Skadden will not represent PG&E in an attorney/client relationship with respect 5 to its services as Underwriter's Counsel, although Skadden will continue to act as special 6 regulatory counsel to PG&E.
7 8. As conditions precedent to the effectiveness of the Plan, (i) the registration 8 statements for the New Money Notes and the Long-Term Notes must be declared effective 9 by the SEC, and (ii) PG&E must have consummated the sale of its New Money Notes and 10 the New Money Notes of each of the New Entities shall have been priced and their trade 11 dates shall have occurred. Preparing registration statements for securities offerings, 12 particularly for new issuers, involves substantial legal work to ensure that the disclosure
,wm 13 contained therein is fair and accurate and complies with the securities laws, rules and FICE
,A,, 14 regulations. Once the registration statements are filed, there may be a lengthy SEC review
& RAWKN "15 process for the securities offerings before the registration statements are declared effective.
16 In order to meet the foregoing conditions precedent to the effectiveness of the Plan, the legal 17 work by Underwriter's Counsel must begin promptly. This legal work will include the time 18 consuming and complex process of participating in the preparation of the registration 19 statements and conducting the due diligence investigation, which will also require 20 substantial coordination with the issuers and their counsel 21 9. To date, Skadden has performed limited services as Underwriter's Counsel and 22 has incurred approximately $390,000 in fees and expenses, which have not been paid.
23 10. It is customary for the issuer to pay for the underwriter's legal fees in connection 24 with complex debt offerings such as those involved under the Plan.
25 11. I am informed and believe that sound business justifications support PG&E's 26 request to pay the legal fees of Underwriter's Counsel. It is necessary that the time 27 consuming and complex legal work to be performed by Underwriter's Counsel be done 28 promptly in order for PG&E to ensure that it can timely meet the conditions precedent to the DONNELLY DECL. ISO DEBTOR'S MOT. FOR AUTHORITY TO PAY FEES OF DESIGNATED UNDERWRITER'S COUNSEL f
1 effectiveness of the Plan. Because the issuer's payment of such fees is a common business 2 practice for complex debt offerings, PG&E believes that it is necessary to pay these costs in 3 furtherance of implementation of the Plan. PG&E is soivent and has sufficient cash to pay 4 these expenses without causing any detriment to its creditors. Furthermore, PG&E will 5 attempt to negotiate a partial or full reimbursement of any fees paid at such time as the 6 Underwriter is selected.
7 I declare under penalty of perjury under the laws of the United States of America that 8 the foregoing is true and correct. Executed this i day of October, 2002, at San Francisco, 9 California.
10 11 MCH LJ.DONI :*
12 HwmwpD 13 NEME*~RICE FALK SFKABKIN
& AI3KN 14
- 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WD 100102/F-14199051Yl/10251101v3 DONNELLY DECL. ISO DEBTOR'S MOT. FOR AUTHORITY TO PAY FEES OF DESIGNATED UNDERWRITER'S COUNSEL