Opinion
01-16034 (AJG).
August 26, 2005
PACHULSKI, STANG, ZIEHL, YOUNG, JONES WEINTRAUB P.C., Richard M. Pachulski (CA Bar No. 90073), Alan J. Kornfeld (AK 5647), New York, New York, Attorneys for Defendant California Power Exchange Corp.
CADWALADER, WICKERSHAM TAFT LLP, Edward A. Smith (ES 2461), New York, New York, and Mark C. Ellenberg (ME 6927), Washington, DC, Special Counsel to the Reorganized Debtors.
WHEREAS, Debtors Enron Corp., Enron Power Marketing, Inc. ("EPMI"), Enron North America Corp., Enron Energy Marketing Corp., Enron Energy Services Inc., Enron Energy Services North America, Inc., Enron Capital Trade Resources International Corp., Enron Energy Services, LLC, Enron Energy Services Operations, Inc., Enron Natural Gas Marketing Corp., and ENA Upstream Company, LLC., (collectively, the "Debtors"), and Bill Lockyer, Attorney General of the State of California, on behalf of the People of the State of California, the California Department of Water Resources acting solely under authority and powers created by California Assembly Bill 1 from the First Extraordinary Session of 2000-2001, codified in Section 80000 through 80270 of the California Water Code, Pacific Gas and Electric Company ("PGE"), and Southern California Edison Company ("SCE"), as well as the Attorney General of the State of Oregon and the Attorney General of the State of Washington (collectively, the "Settling Claimants"), are parties to a certain Memorandum of Understanding (the "MOU"); and
WHEREAS, the MOU outlines the terms of a settlement resolving, inter alia, proofs of claim filed by the Settling Claimants, objections to those proofs of claim filed by the Debtors, and motions by certain of the Settling Claimants for payment of administrative expenses, and
WHEREAS, the parties to the MOU intend to enter into a definitive settlement agreement no later than August 19, 2005, which settlement would then be submitted to this Court, the California Public Utility Commission ("PUC") and the Federal Energy Regulatory Commission ("Commission") for approval; and
WHEREAS, on July 21, 2005, the Court entered an order staying certain proceedings involving the Settling Claimants in order to allow the Debtors and the Settling Claimants a sufficient period of time in which to finalize their settlement and obtain the approval of both the Commission and this Court; and
WHEREAS, CalPX, on January 19, 2005, filed a claim for allowance of certain administrative expenses, and the Debtors have filed an objection thereto (the "CalPX Administrative Expense Claim Proceedings"); and
WHEREAS, the terms of the settlement outlined in the MOU would moot the CalPX Administrative Expense Claim Proceedings; and
WHEREAS, if the Debtors and the Settling Claimants cannot finalize a definitive agreement on or about August 19, 2005 or if the Commission or the PUC refuses to approve the definitive agreement, the Debtors and the CalPX shall so notify this Court.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED UPON, that the CalPX Administrative Expense Claim Proceedings shall be stayed until the earlier of (i) November 30, 2005, which period may be extended upon application of the parties and approval by the Court, or (ii) the date that the Court receives notification (A) of the parties' failure to conclude a definitive agreement as contemplated by the MOU or (B) that the Commission or the PUC has refused to approve the definitive agreement.
IT IS SO ORDERED.
EXHIBIT A STAYED PROCEEDINGS
PGE — All proceedings relating to the Debtors' Objection to Proofs of Claim Nos. 25168, 25169, 25170, 25171, 25172, 25173, 25174, 25175, 22698, 22699, 22700, 25209, 25210 and 25211 filed by Pacific Gas Electric Company, pending before Judge Gonzalez in In re Enron Corp, Case No. 01-16034 (Bankr. S.D.N.Y.)
SCE — All proceedings relating to the Debtors' Objection to Proofs of Claim Nos. 22630, 22631, 22632 and 22633 filed by Southern California Edison Company, pending before Judge Gonzalez in In re Enron Corp, Case No. 01-16034 (Bankr. S.D.N.Y.)
All proceedings relating to Debtors' Objection to Administrative Expense Claim of Southern California Edison Company, pending before Judge Gonzalez in In re Enron Corp, Case No. 01-16034 (Bankr. S.D.N.Y.) (Docket No. 23006).
CERS-CDWR — All proceedings relating to the Debtors' Objection to Proofs of Claim Nos. 12498, 12500, 24685, 24686 and 24687 filed by the California Department of Water Resources, pending before Judge Gonzalez in In re Enron Corp, Case No. 01-16034 (Bankr. S.D.N.Y.)
All proceedings relating to Debtors' Objection to Administrative Expense Claim of CERSCDWR, pending before Judge Gonzalez in In re Enron Corp, Case No. 01-16034 (Bankr. S.D.N.Y.) (Docket No. 23009).
State of California — All proceedings relating to the Debtors' Objection to Proofs of Claim Nos. 12172, 12173, 12174, 12252, 12253, 12254, 12255, 12256, 12257 Filed by Bill Lockyer, Attorney General for the State of California, pending before Judge Gonzalez in In re Enron Corp, Case No. 01-16034 (Bankr. S.D.N.Y.)
All proceedings including and related to Enron Corp., et al. v. People of the State of California, ex rel. Bill Lockyer, Attorney General of the State of California, U.S. Bankruptcy Ct., S.D.N.Y., Case No. 01-16034 (AJG) (adv. proc. no. 04-03386), including all proceedings related to the Complaint in Intervention filed by the Official Creditors' Committee.
Oregon — All proceedings relating to the Debtors' Objection to Proofs of Claim Nos. 12949 and 24387 filed by Oregon Department of Justice, pending before Judge Gonzalez in In re Enron Corp, Case No. 01-16034 (Bankr. S.D.N.Y.)
Washington — All proceedings relating to the Debtors' Objection to Proofs of Claim Nos. 18502, 24390 and 24547 filed by the Washington Attorney General, pending before Judge Gonzalez in In re Enron Corp, Case No. 01-16034 (Bankr. S.D.N.Y.)