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Enron Mail |
Lisa J. Mellencamp
Enron North America Corp. - Legal 1400 Smith St. Houston, TX 77002 Tel: (713) 853-7986 Fax: (713) 646-3393 E-mail: Lisa.Mellencamp@enron.com ----- Forwarded by Lisa Mellencamp/HOU/ECT on 05/17/2001 01:10 PM ----- "BENNETT YOUNG" <BYOUNG@LLGM.COM< 05/17/2001 12:49 PM To: Lisa.Mellencamp@enron.com, Michael.Tribolet@enron.com cc: "CARL EKLUND" <CEKLUND@LLGM.COM<, "JOHN KLAUBERG" <JKLAUBER@LLGM.COM<, "JAMES HUEMOELLER" <JLHUEMOE@LLGM.COM< Subject: 4799756092ca99bf88256a4a00045971OpenDocument Judge Montali has issued a tentative ruling on the MidSet QF's motion to suspend performance under their PPA's. Click on the link below to view a pdf file containing the 27 page decision. In summary, the Court's tentative ruling is to deny the QF's request to suspend the PPA's, to decline to set a deadline for PG&E to assume or reject the contract and to find that the reasonable rate that PG&E must pay the QF for energy delivered post petition pending assumption or rejection is the rate determined by the CPUC in the Wood decision. The Court then goes on to note that this case is an extraordinary one requiring extraordinary relief. The Court therefore tentatively ruled that PG&E should pay some undetermined portion of the pre-petition arrearages to the QF's in order to ameliorate the burden on the QF's and help get them back (or keep them) online. The Court therefore ordered PG&E, MidSet and the Committee to meet and confer and attempt to reach a resolution of the amount of the arrearage to be paid. Judge Montali states that "he has it in mind" that the amount perhaps should be equal to the difference between the Wood rates and the market price. Call me if you have any questions or have an trouble with the link. Ben Young http://www.canb.uscourts.gov/canb/Documents.nsf/bf0c3519af9731c88825671d006664 79/4799756092ca99bf88256a4a00045971?OpenDocument Bennett G. Young One Embarcadero Center, Suite 400 San Francisco, California 94111 (415) 951-1167 byoung@llgm.com ============================================================================== This e-mail, including attachments, contains information that is confidential and may be protected by the attorney/client or other privileges. This e-mail, including attachments, constitutes non-public information intended to be conveyed only to the designated recipient(s). If you are not an intended recipient, please delete this e-mail, including attachments, and notify me. The unauthorized use, dissemination, distribution or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. ============================================================================== - 47997560.url
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