IN RE MIRANT CORP.

No. 4-03-CV-1242-A.

303 B.R. 304 (2003)

In re MIRANT CORPORATION, et al., Debtors. (Matter of Debtors' Motion for Order Authorizing the Debtors to Reject the Back-to-Back Agreement Dated December 19, 2000, and Amendments Thereto, With Potomac Electric Power Company as Executory Contracts)

United States District Court, N.D. Texas, Fort Worth Division.

December 23, 2003.


Attorney(s) appearing for the Case

Michael L. Bernstein, Daniel M. Lewis, Arnold & Porter, Washington, DC, Michael A. McConnell, Winstead Sechrest & Minick, Fort Worth, TX, for Office of the People's Counsel for the District of Columbia, Movant.

Monica S. Blacker, Andrews & Kurth — Dallas, Dallas, TX, Mark F. Sundback, Andrews & Kurth — Washington, DC, for The Official Committee of Unsecured Creditors of Mirant Corporation, et al., Intervenor Plaintiff.

Wayne A. Cross, Robert A. Milne, Jack E. Pace, III, White & Case — New York, New York City, Judith Elkin, Haynes & Boone, Dallas, TX, for Mirant Corporation, Plaintiff.

Sander L. Esserman, Stutzman Bromberg Esserman & Plifka, Dallas, TX, Roger Frankel, Jonathan P. Guy, Swidler Berlin Shereff Friedman, Washington, DC, for Potomac Electric Power Company, Defendant.

Dennis Lane, Federal Energy Regulatory Commission, Washington, DC, for Federal Energy Regulatory Commission, Defendant.

James B. Ramsay, Grace Delos Reyes, National Ass'n of Regulatory Utility Commissioners, Washington, DC, for National Association of Regulatory Utility Commissioners, Movant.


MEMORANDUM OPINION and ORDER

McBRYDE, District Judge.

Came on for consideration the motion of Mirant Corporation and its affiliated debtors, as debtors in possession, (collectively and severally "Debtors") for an order authorizing Debtors to reject an agreement between Mirant Corporation (when named "Southern Energy, Inc.") and Potomac Electric Power Company ("PEPCO") and enjoining any person or entity...

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