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IN RE CLEAR PEAK ENERGY, INC.

No. 2:12-BK-03225-SSC.

488 B.R. 647 (2013)

In re CLEAR PEAK ENERGY, INC., a Nevada Corporation, Debtor. Clear Peak Energy, Inc., a Nevada corporation, Movant, v. Southern California Edison Company, a California corporation, Respondent.

United States Bankruptcy Court, D. Arizona.

February 26, 2013.

Attorney(s) appearing for the Case

Edward K. Bernatavicius , United States Trustee, Phoenix, AZ, for U.S. Trustee.

Richard William Hundley , Berens, Kozub & Kloberdanz, PLC, Scottsdale, AZ, for Debtor.

MEMORANDUM DECISION RE: WHETHER A RENEWABLE POWER PURCHASE AND SALE AGREEMENT IS A FORWARD CONTRACT UNDER 11 U.S.C. § 362(b)(6)

SARAH SHARER CURLEY, Bankruptcy Judge.

I. INTRODUCTION

This matter comes before the Court on the Motion of Clear Peak Energy, Inc., the Debtor ("Clear Peak" or "Debtor"), to Determine the Applicability of the Automatic Stay ("Motion") dated July 6, 2012.

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