SAN FRANCISCO - Pacific
Gas and Electric Company made the following procedural filings in
federal bankruptcy court today:
The company filed a routine cash
flow forecast which is required as part of the debtor's ongoing
obligation to keep the court and creditors aware of its current
and projected financial status. The cash flow projections were filed
in connection with the company's final hearing on its request to
use the "cash collateral" in which its Mortgage Trustee and its
gas suppliers have a security interest. The court previously granted
the company's request at a preliminary hearing on April 9. 2001.
Based upon current projections
of revenues from approved rates, current regulatory rules, and expected
outlays, PG&E is projecting that it has adequate revenues over the
next six months to pay its future operating costs, including ongoing
payments to QFs and payments presently required to be made to the
DWR. A critical assumption made in the forecast is that DWR is purchasing
the "full net open position" for PG&E's customers going forward,
as called for in AB1x, and therefore the ISO is no longer attempting
to charge PG&E with any costs beyond those attributable to PG&E's
own resources. Two weeks ago FERC ruled that the ISO must cease
billing PG&E and Edison for power purchases, since neither utility
currently meets the criteria in the ISO's own tariff to be a creditworthy
buyer.
Complying with court requested
follow-ups to previous motions, the company also filed two supplemental
motions seeking court approval of stipulations regarding its earlier
motions to use cash collateral in which bondholders or gas suppliers
have a beneficial interest. The court previously provided interim
approval in these matters.
Also complying with a court
requested follow-up, the company withdrew its earlier motion seeking
authorization to pay refunds to developers and other non-residential
customers for main line extensions. These refunds reflect part of
the cost of engineering and construction work to extend utilities
to bare lots or to add new loads to existing service. Though these
deposits and refunds are allowed in the normal course of business
for work done after the April 6 Chapter 11 filing, refunds associated
with work performed prior to April 6 are classified as pre-petition
under bankruptcy law and cannot be paid without court approval.
The court earlier authorized refunds to individual residential customers,
but questioned whether, at this early stage of the proceedings,
it had enough information to decide if subdivision developers and
non-residential customers should be treated differently than other
utility creditors. To allow more time to explore the issue, the
company elected instead to withdraw the motion. In the meantime,
main line extension advances made to the company post-petition will
continue to be refunded in the ordinary course of business.