IN RE PACIFIC GAS AND ELEC. CO.

Bankruptcy No. 01-30923-SFM. Adversary No. 01-3072.

263 B.R. 306 (2001)

In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor. Pacific Gas and Electric Company, a California corporation, Plaintiff, v. California Public Utilities Commission, and Loretta M. Lynch, Henry M. Duque, Richard A. Bilas, Carl W. Wood, and Geoffrey F. Brown in their official capacities as Commissioners of the California Public Utilities Commission, Defendants.

United States Bankruptcy Court, N.D. California.

June 1, 2001.


Attorney(s) appearing for the Case

Jerome B. Falk, James L. Lopes, Steven E. Schon, Amy E. Margolin, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, P.C., San Francisco, CA, for plaintiffs.

Gary M. Cohen, California Public Utilities Commission, San Francisco, CA, Alan W. Kornberg, Walter Rieman, Brian S. Hermann, Eric Twiste, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendants.

Michael H. Diamond, Paul S. Aronzon, Robert J. Moore, Milbank, Tweed, Hadley & McCloy LLP, Los Angeles, CA, for Official Committee of Unsecured Creditors.


MEMORANDUM DECISION ON APPLICATION FOR PRELIMINARY INJUNCTION, MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

DENNIS MONTALI, Bankruptcy Judge.

I. Introduction

In the midst of an unprecedented energy crisis in California, one of the largest public utilities in the country, reportedly hemorrhaging billions of dollars in operating losses, has sought relief under the Bankruptcy Code.1 Even the most experienced

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