In re Enron Corp.

Full title: In re: ENRON CORP., et al., Chapter 11, Reorganized Debtors

Court: United States Bankruptcy Court, S.D. New York

Date published: Jul 5, 2005

Case No. 01-16034 (AJG) (Confirmed) (Bankr. S.D.N.Y. Jul. 5, 2005)

Opinion

Case No. 01-16034 (AJG) (Confirmed).

July 5, 2005

ORDER GRANTING DEBTORS' OBJECTION TO PROOFS OF CLAIM NOS. 12498, 12500, 24685 AND 24687 FILED BY THE CALIFORNIA DEPARTMENT OF WATER RESOURCES

ARTHUR GONZALEZ, Bankruptcy Judge

Upon the Debtors' Objection filed March 10, 2005 to proofs of claim nos. 12498, 12500, 24685, 24686 and 24687 filed by the California Department Of Water Resources, the Declaration of Edward A. Smith filed March 10, 2005, the Memorandum Of Law In Support Of Debtors' Objection To Proofs of Claim Nos. 12498, 12500, 24685, 24686 And 24687 Filed By The California Department Of Water Resources filed March 10, 2005, the Memorandum Of Law Of The California Department Of Water Resources In Opposition To Debtors' Objections To Proof Of Claim Nos. 12498, 12500, 24685, 24686 And 24687 filed May 13, 2005, the Declaration of Irene Tamura filed May 13, 2005, the Declaration of John Pacheco filed May 13, 2005, the Request for Judicial Notice dated May 13, 2005, the Debtors' Reply Memorandum of Law In Further Support Of Their Objections To Proofs Of Claim Filed By Bill Lockyer, Attorney General Of The State Of California, California Department Of Water Resources, Pacific Gas Electric Company, And Southern California Edison Company filed on May 17, 2005 and the Reply Declaration of Edward A. Smith filed on May 17, 2005 and the Court having issued a Memorandum Opinion Sustaining Debtors' Objections To Proofs Of Claim Nos. 12498, 12500, 24685 And 24687 Filed By The California Department Of Water Resources dated June 15, 2005; and the Court having considered the proposed order submitted by the Reorganized Debtors and the counter-proposed order submitted by Bill Lockyer, Attorney General of the State of California, and upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor, it is

ORDERED that the state law electricity market manipulation claims asserted by the California Department of Water Resources in the proofs of claim numbers 12498, 12500, 24685 and 24687 are preempted by the Federal Power Act and precluded by the filed rate doctrine; and it is further

ORDERED that the Claims are disallowed to the extent that they assert state law electricity market manipulation claims.