California PUC accuses PG&E of 'regulatory jailbreak'

By the OGJ Online Staff

HOUSTON, Nov. 28, 2001 — The California Public Utilities Commission called Pacific Gas & Electric Co.'s proposed reorganization a "regulatory jailbreak of a scope never before attempted in a bankruptcy case."

Further, the PUC said PG&E is "attempting to portray the PUC and the state as incompetent so that it can curry favor with creditors in support of its deregulation scheme." In a filing with the US Bankruptcy Court, the PUC said the real purpose of the reorganization plan is to escape "state regulatory oversight, and not simply to adjust the utility's relationship with its creditors and restore it to financial health."

That plan would split parent PG&E Corp. and its utility into stand-alone companies, including the transfer of its hydroelectric plants, the Diablo Canyon nuclear power plant and gas and electric transmission grids to unregulated units of the parent company.

The PUC said the plan is dependent upon obtaining no fewer than 15 favorable rulings, each designed to displace portions of the PUC's and the state's "century-old" regulatory authority over PG&E's operations.

In a response, Pacific Gas & Electric said the state attorney general and the PUC did not comply with the court's directive to identify the specific approvals that need to be obtained through an adversary proceeding and did not provide the legal arguments to support their contention.

The PUC said the reorganization plan and its disclosure statement were prepared and filed without any negotiation or discussion with many of the key players involved in the case or in the regulation of PG&E's operations, including the PUC and representatives of the state.

The plan is intended the give the utility $4.5 billion from the asset transfer to help pay off about $13 billion in debts, including $9 billion in unrecovered power costs amassed during the state energy crisis in 2000. The utility filed for bankruptcy protection in April after losing creditworthiness because it ran out of cash in the wake of a flawed deregulation scheme. US bankruptcy Judge Dennis Montali has scheduled a hearing on the plan Dec. 7.

The PUC filing claimed PG&E's reorganization scheme is "deeply flawed" on many levels — both constitutionally and with regard to bankruptcy law. It said there is no basis under bankruptcy law for PG&E's attempted use of Chapter 11 as a legislative device to displace entire regulatory schemes.

According to the petition, the reorganization plan may be an effort by Pacific Gas & Electric to keep all a 3¢ rate increase ordered by the PUC in March 2001. B it said the matter remained unclear, as a portion of the increase is to be allocated to the California Department of Water Resources (DWR).

"If PG&E hopes to keep it all (or any portion that would otherwise belong to DWR), then its electric rates must necessarily increase," the PUC said.

Sponsored by FLSmidth

Related Articles

Eos Energy Storage receives $2.1Mn from California Energy Commission for battery demo

As part of California’s Electric Program Investment Charge (EPIC), through the California Energy Commission (CEC), Eos Energy Storage was awarded $2.1 million for an advanced battery storage system demonstration.

Mojave solar power plant enters operations in California

Abengoa Yield announced that the 280-MW Mojave solar power plant, located in California, entered commercial operation on December 1.

Follow Power Engineering on Twitter

Latest News

Shutterstock coal production trucks

Weekly Coal Production

The Weekly Coal Production shows how much coal is being produced across the U.S.

Federal Reserve Bank of Dallas Weekly Economic Indicators financial business

The Federal Reserve Bank of Dallas' Economic Indicators

The Federal Reserve Bank of Dallas offers a glimpse into how the markets are doing domestical...

Kvaerner awarded contract for gas-fired power plant in Delaware

Kvaerner North American Construction Inc. and its joint venture partner, Parsons Brinckerhoff...

Canadian Solar purchases two solar projects

Canadian Solar Inc. has acquired a majority interest in two utility-scale solar power project...

Operators Restart Unit 2 at PPL Susquehanna

Unit 2 at the PPL Susquehanna nuclear power plant near Berwick, Pa. resumed generating electr...

Settlement agreement limits cost recovery at Edwardsport

The Indiana Utility Regulatory Commission (IURC) on Dec. 27 modified and approved a settlemen...

Toshiba in talks to sell portion of Westinghouse nuclear unit

Toshiba Corp is in talks  to sell up to 16% of its stake in the Westinghouse Electric Co...

Utah nixes nuclear waste storage facility

Plans to park radioactive waste at a storage facility in Utah have been officially called off.

Power Engineering Current Issue

03/01/2014
Volume 118, Issue 3
1403PE-cover

Products Showcase

Dynamic Fluoride Ion cleaning DFIC of industrial natural gas turbines Hi-Tech Furnace Systems

Dynamic Fluoride Ion Cleaning of IGT Parts

The Dynamic Fluoride Ion Cleaning (DFIC) Process from Hi-Tech Furnace Systems is able to clean deep, narrow cracks of oxides by cycling between negative, atmospheric, and positive pressure.

Archived Articles

2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010 | 2011 | 2012 | 2013

Power Industry Wire News

Bayport International Holdings, Inc. (BAYP) Announces Completion of the Brown Lease in McIntosh County, Oklahoma

Bayport International Holdings, Inc. (BAYP) Announces Completion of the Brown Lease in ...

National Hockey League Names Constellation Its Official Energy Provider, Will Offset Carbon Footprint Across All 30 Team Markets

National Hockey League Names Constellation Its Official Energy Provider, Will Offset Ca...

BioCNG, LLC Announces Groundbreaking on BioCNG Vehicle Fuel System and Pipeline for Grand Junction, Colorado's Persigo WWTP

BioCNG, LLC Announces Groundbreaking on BioCNG Vehicle Fuel System and Pipeline for Gra...

Synergy Resources Corporation Provides an Operations Update, Estimating 100% Year-Over-Year Production Growth, and a Revised Fiscal 2015 Capital Forecast

Synergy Resources Corporation Provides an Operations Update, Estimating 100% Year-Over-...

XZERES Sees Accelerating Sales Growth, Driven by Further Adoption in Key Markets

XZERES Sees Accelerating Sales Growth, Driven by Further Adoption in Key Markets

Power Engineering

Article Archives for Power Engineering Magazine

Continuing Education

Professional Development Hours

To access a course listing associated to a specific topic listed below, click on the topic of choice from the list below.

Latest Energy Jobs

View more Job Listings >>