In the Matter of: MIRANT CORP., Debtor.
(Matter of Debtor's Motion for Order Authorizing the Debtor to Reject the Back-to-Back Agreement Dated December 19, 2000, and Amendments Thereto, With Potomac Electric Power Company as Executory Contracts).
Mirant Corp.; MLW Development LLC; Mirant Americas Energy Marketing LP; Mirant Americas Generation LLC; Mirant Mid-Atlantic LLC; et al. and Official Committee of Unsecured Creditors of Mirant Corporation, Appellants,
v.
Potomac Electric Power Co.; Federal Energy Regulatory Commission, Appellees, and
Official Committee of Equity Security Holders, Intervenor.
In the Matter of: Mirant Corporation; Et Al., Debtors.
Mirant Corp.; MLW Development LLC; Mirant Americas Energy Marketing LP; Mirant Americas Generation LLC; Mirant Mid-Atlantic LLC; et al. and Official Committee of Unsecured Creditors of Mirant Corporation, Appellants,
v.
Potomac Electric Power Co.; Federal Energy Regulatory Commission Appellees and Official Committee of Equity Security Holders, Intervenor.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
August 4, 2004.
August 4, 2004.
Attorney(s) appearing for the Case
Judith Elkin, William Alan Wright, Anne M. Johnson, Haynes & Boone, Dallas, TX, Thomas E. Lauria (argued), White & Case, Miami, FL, Wayne Cross, Robert A. Milne, Jack E. Pace, J. Christopher Shore, Luke A. McGrath, White & Case, New York City, for Mirant Corp., MLW Development LLC, Mirant Americas Energy Marketing LP, Mirant Americas Generation LLC, Mirant Mid-Atlantic LLC, et al.
Roger Frankel (argued), Jonathan P. Guy, Timothy A. Ngau, Swidler, Berlin, Shereff & Friedman, Washington, DC, Sander L. Esserman, Jo E. Hartwick, Stutzman, Bromberg, Esserman & Plifka, Dallas, TX, for Potomac Elec. Power Co.
Dennis Lane (argued), Beth Guralnick Pacella, Federal Energy Regulatory Com'n.
Eric Jay Taube, Mark Curtis Taylor, Hohmann, Taube & Summers, Austin, TX, Edward S. Weisfelner, Andrew Dash, Leslie H. Scharf, Brown, Rudnick, Berlack, Israels, New York City, Howard L. Siegel, Brown, Rudnick, Berlack, Israels, Hartford, CT, for Official Committee of Equity Sec. Holders.
Jason S. Brookner (argued), Andrews & Kurth, Dallas, TX, Paul N. Silverstein, Andrews & Kurth, Mark Thompson, Simpson, Thacher & Bartlett, New York City, Kendall Matthew Gray, Andrews & Kurth, Houston, TX, Kenneth L. Wiseman, Mark F. Sundback, Andrews & Kurth, Washington, DC, for Official Committee of Unsecured Creditors of Mirant Corp.
Before BARKSDALE, EMILIO M. GARZA and PICKERING, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
EMILIO M. GARZA, Circuit Judge:
The issue in this case is whether a district court may authorize the rejection of an executory contract for the purchase of electricity as part of a bankruptcy reorganization, or whether Congress granted the Federal Energy Regulatory Commission ("FERC") exclusive jurisdiction over these contracts. Mirant Corporation, its various subsidiaries, the Official Committee of Unsecured Creditors of...
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