Opinion
Case No. 01-16034 (AJG), Chapter 11, Jointly Administered
January 3, 2002
ORDER GRANTING MOTION OF GARDEN STATE PAPER COMPANY, LLC REGARDING ADEQUATE ASSURANCE TO UTILITY COMPANIES
Upon consideration of the motion, dated December 17, 2001 (the "Motion"), filed by Garden State Paper Company, LLC (the "Debtor"), one of the above-captioned debtors and debtors-in-possession, seeking an order determining that adequate assurance has been provided to utility companies; and an objection (the "Objection") to the Motion having been filed by Public Service Electric and Gas Company ("PSEG"); and it appearing that the Court has jurisdiction to consider the Motion; and it appearing that the relief requested in the Motion is in the best interest of the Debtor, its estate and creditors; and it appearing that due and appropriate notice of the Motion has been given and no further notice need be given; and upon the proceedings before the Court; and good and sufficient cause appearing;
IT IS HEREBY ORDERED THAT:
1. The Motion is granted.
2. The Debtor is authorized and directed to pay on a timely basis all undisputed invoices in respect of postpetition electricity, natural gas, water, telephone services, garbage collection and/or other similar services rendered by any utility company to or for the benefit of Debtor.
3. Any undisputed charge for utility services furnished by any utility company to the Debtor postpetition shall constitute an administrative expense of the Debtor's chapter 11 case in accordance with sections 503 (b) and 507 (a)(1) of the Bankruptcy Code.
4. Nothing in this Order or the Motion shall be deemed to constitute postpetition assumption or adoption of any agreement pursuant to section 365 or the Bankruptcy Code.
5. The utility companies shall not alter, refuse, or discontinue service to, or discriminate against, the Debtor on account of the Debtor's prepetition obligations, or require the payment of a deposit or other security in connection with any utility services provided to Debtor, except as may be otherwise ordered by this Court in accordance with the procedures set forth below.
6. The Debtor shall serve a copy of this Order upon (i) each of the utility companies listed on Exhibit "A" hereto by United States first class mail and/or facsimile transmission within three (3) business days after the date of entry hereof; and (ii) each of the utility companies that is listed on any subsequently filed supplement to such Exhibit "A" by United States first class mail and/or facsimile transmission within three (3) business days after the date of filing of such supplement.
7. This Order is without prejudice to the rights of any of any utility company to request additional adequate assurances of payment, and any such request shall be in writing and shall be addressed to:
Enron Corp. Attention: Cheryl Lindeman Enron Building 1400 Smith Street Houston, Texas 77002 Weil, Gotshal Manges LLP Attention: David Wolnerman 767 Fifth Avenue New York, New York 10153 — and — Togut, Segal Segal LLP Attention: Gerard DiConza One Penn Plaza, Suite 3335 NewYork, New York 101198. In the event any utility company requests additional adequate assurances of payment within thirty (30) days after mailing of this Order, and the Debtor believes such request to be unreasonable, the Debtor shall promptly file a motion for determination of adequate assurance of payment as to such utility company (the "Determination Motion") and shall request a hearing thereon upon notice to such utility company.
9. PSEG has requested additional adequate assurances in the Objection; in the event the Debtor and PSEG are unable to resolve consensually PSEG's request for additional adequate assurances, a hearing to determine the reasonableness of PSEG's adequate assurance request will be held on January 23, 2002 at 11:00 a.m. (the "PSEG Hearing").
10. Until the PSEG Hearing is concluded, PSEG shall not alter, refuse, or discontinue service to, or discriminate against, the Debtor on account of the Debtor's prepetition obligations.
11. The terms and provisions of this Order are applicable to a utility company that has notice of this Order by any means, whether or not such utility company is listed on Exhibit "A" hereto or on any subsequently filed supplement to such Exhibit "A."
12. With respect to any entity, its inclusion on or exclusion fromExhibit "A" hereto or any subsequently filed supplement to such Exhibit "A" shall be without prejudice to the right of the Debtor to assert that such entity is or is not a utility company or a provider of utility services for purposes of section 366 of the Bankruptcy Code and this Order. EXHIBIT "A" Utility Name Address Account Numbers
ATT Middle Market Customer #1000 627 1323 Care Center 2751 Buford Hwy Atlanta, GA 30324 Avaya Inc. PO Box 5332 #100004250 New York, New York 10087-5332 GPU Energy PO Box 15152 #10 00 233836 19 Reading PA 19612-5152 Louis Pinto Sons (Trash 143 River Road #284-0000425 Removal) Mountvale NJ 07045 Midco Waste Systems 5 Industrial Drive #10 10496 9 Burnswick NJ 08901 Middlsex Water Company 1500 Ronson Road #90 0610 0423 1 Iselin NJ, 087830-0452 #90 0310 0432 1 Passiac Valley Water PO Box 11393 #48777-82156 Commission Newark NJ 07101-4393 #123131-45110 PSEG PO Box 1410 #41 800 967 73 New Brunswick NJ 08906-4101 PSEG PO Box 14106 #51 087 410 06 New Brunswick NJ #31 014 490 65 08906-4101 Verizon PO Box 4833 #973 278 7907-335 26Y Trenton NJ 08650-4833 #973-366-0340-619-27Y #732 969 3965-228 16Y #732 541 4456-251 46Y Waste Mangement of 77 Brookside Place #374-0008615-1374-5 Northeast NJ Hillsdale NJ, 07642 Worldcom PO Box 21348 #9150162939 Mail Drop 54-206D Tulsa, OK 74121-1800