SAN FRANCISCO - In a filing
with the U.S. Bankruptcy Court, Pacific Gas and Electric Company
today responded to "adversary proceeding objections" filed by the
California Public Utilities Commission (CPUC), the Attorney General
of the State of California, and 12 other groups.
The utility continues to
maintain separate adversary proceedings are not necessary because
the issues raised by the parties will be addressed through the regular
confirmation process. In a bankruptcy case, "contested matters"
are the way in which motions are brought, and Bankruptcy Rule 9014
allows parties to voice their concerns through the plan disclosure
and confirmation hearings.
In its filing, Pacific Gas
and Electric Company noted the Attorney General and the CPUC did
not comply with the Court's directive to identify the specific approvals
that need to be obtained through an adversary proceeding and did
not provide the legal arguments to support their contention. The
Attorney General and the CPUC also did not observe the Court's request
to indicate if they planned to assert a sovereign immunity defense
against any such adversary proceedings they are requesting be initiated.
"The State and CPUC's coyness
should be seen precisely for what it is: an attempt to obfuscate
and delay the plan disclosure and confirmation process, to divert
attention from the issue of whether the plan of reorganization is
in the best interest of PG&E's creditors, ratepayers, and the State
of California," the company said. "As a matter of law, no adversary
proceedings are required, and the issues raised by the Attorney
General, the CPUC, and other interested parties can be fully aired
and resolved through the normal Bankruptcy Court process."