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UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

ORDER GRANTING MOTION OF PACIFIC GAS AND ELECTRIC COMPANY 

AND OTHERS FOR LIMITED RELIEF FROM STAY TO APPEAL CERTAIN 

ORDERS OF THE FEDERAL ENERGY REGULATORY 

COMMISSION (DKT. NO. 2359, 2400 AND 2403) 

On June 3, 2019, debtor Pacific Gas & Electric Company (the 

“Utility”) filed a motion for relief from the automatic stay (Dkt. 

No. 2359)(the “Utility MRS”) so that it can file and prosecute 

appeals of certain matters pending before the Federal Energy 

In re: 

PG&E CORPORATION,

 - and -

PACIFIC GAS AND ELECTRIC 

COMPANY,

Bankruptcy Case 

No. 19 -30088 (DM) 

Chapter 11 

(Lead Case) 

(Jointly Administered) 

Date: June 26, 2019 

Time: 9:30 a.m. (PST) 

Place: United States Bankruptcy 

Court 

Courtroom 17, 16th Floor 

San Francisco, CA 94102

Debtors.

 Affects PG&E Corporation 

 Affects Pacific Gas and 

Electric Company 

 Affects both Debtors 

* All papers shall be filed in 

the Lead Case, No. 19-30088 

(DM). 

X

Signed and Filed: June 24, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

June 24, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 2731 Filed: 06/24/19 Entered: 06/24/19 13:53:55 Page 1 of

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Regulatory Commission (“FERC”). Specifically, the motion pertains 

to what the Utility has defined as the FERC Orders in the Utility 

MRS (at 5-4). In response, two parties to power purchase agreements 

(“PPAs”) with Utility, NextEra Energy, Inc. (“NextEra”)(Dkt. No. 

2400) and Consolidated Edison Development Inc. (“Con Edison”)(Dkt. 

No. 2403), filed motions seeking relief from the stay to participate 

in any such appeal filed by Utility. Other counter-parties to PPAs 

with Utility (collectively with NextEra and Con Edison, the “PPA 

Counter-Parties”) filed joinders in one or both of these stay relief 

motions.1 The PPA Counter-Parties also filed (or joined) limited 

oppositions to the Utility MRS, almost all of which contend that 

they should be entitled to participate in any such appeal as their 

respective PPAs with Utility would be at issue.2 Finally, FERC filed 

 

1 The parties joining one or both of the motions for relief from stay 

filed by NextEra and Con Edison include AV Solar Ranch 1, LLC and 

Exelon Corporation (Dkt. No. 2406); Calpine Corporation (Dkt. No. 

2411); EDF Renewables (Dkt. No. 2450); First Solar, Inc., Mojave 

Solar LLC, and Willow Springs Solar 3 (Dkt. Nos. 2452 and 2454); 

Agua Caliente Solar, LLC, MC Shiloh IV Holdings LLC, NRG Energy 

Inc., Clearway Energy, Inc., Clearway Energy Group LLC, Solar 

Partners II LLC, Solar Partners VIII LLC, and TerraForm Power, Inc. 

(Dkt. No. 2606); and KES Kingsburg, L.P. and Vantage Wind Energy LLC 

(Dkt. Nos. 2691 and 2692). 

2 The parties joining one or both of the oppositions filed by NextEra 

and Con Edison include Topaz Solar (Dkt. No. 2620); EDF Renewables 

(Dkt. No. 2622); First Solar, Inc., Mojave Solar LLC, and Willow 

Springs Solar 3, LLC (Dkt. No. 2623); AV Solar Ranch 1, LLC, and 

Exelon Corporation (Dkt. No. 2624); Agua Caliente Solar, LLC, MC 

Shiloh IV Holdings LLC, NRG Energy Inc., Clearway Energy, Inc., 

Clearway Energy Group LLC, Solar Partners II LLC, Solar Partners 

VIII LLC, and TerraForm Power, Inc. (Dkt. No. 2641); Solar Partners 

II LLC, Solar Partners VIII LLC, TerraForm Power, Inc. (Dkt. No. 

2641); and KES Kingsburg, L.P., Vantage Wind Energy LLC (Dkt. Nos. 

2691 and 2692).

Case: 19-30088 Doc# 2731 Filed: 06/24/19 Entered: 06/24/19 13:53:55 Page 2 of

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a response indicating that it does not believe the automatic stay 

applies to its proceedings in any event (Dkt. No. 2610). 

Upon consideration of the pleadings and documents on file, the 

court has determined that the automatic stay should be lifted (1) to 

permit Utility to prosecute appeals of various FERC orders; and (2) 

to permit the PPA Counter-Parties to move any appellate court for 

leave to intervene in such appeals, and to participate in the appeal 

as permitted by the appellate court. It is therefore ORDERED that 

1. The motions for relief from stay referred to above filed by 

Utility, NextEra, and Con Edison are GRANTED to the extent 

provided below. 

2. The automatic stay shall be lifted, to the extent it 

applies, without further order of this Court, to permit the 

Utility, FERC, the PPA Counter-Parties, the Official 

Committee of Unsecured Creditors of PG&E Corporation (the 

“Committee”) and PG&E Corporation to participate in and 

prosecute and/or defend (as applicable) to conclusion any 

appellate review of the FERC Orders, including by: (a) 

seeking or opposing any consolidation of the appeal of the 

FERC Orders with the appeal of this Court’s Amended 

Declaratory Judgment in Adv. Proc. 19-3003 (Dkt. No. 155); 

(b) participating in briefing or argument relating to 

consolidation, motions to intervene, or the merits of the 

appeals of any of the FERC Orders; (c) petitioning for 

rehearing or rehearing en banc or participating in briefing 

Case: 19-30088 Doc# 2731 Filed: 06/24/19 Entered: 06/24/19 13:53:55 Page 3 of

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or argument relating to any such petition; and (d) 

participating in briefing or argument relating to any 

proceedings in the U.S. Supreme Court, including filing or 

opposing a petition for a writ of certiorari. 

3. Retroactive relief from the automatic stay, to the extent ot 

applies, is GRANTED to preclude any invalidation based on 

the automatic stay of (a) any of the FERC Orders issued by 

FERC after the petition date and before the date of this 

order and (b) the Utility’s requests for rehearing. 

4. The automatic stay did not and does not apply to Debtors’ 

filing of Adv. Proc. 19-3003, nor to any subsequent orders 

therein, including any appeals or petitions for direct 

appeal, or oppositions to any of the foregoing. This order 

applies regardless of any orders of the United States 

District Court or the United States Court of Appeal for the 

Ninth Circuit relating to any orders issued in that 

adversary proceeding. 

5. The hearings now scheduled for June 26, 2019 at 9:30 a.m. on 

the motions for relief from stay filed by Utility, NextEra, 

and Con Edison and any joinders are dropped from the 

calendar. 

 *** END OF ORDER *** 

Case: 19-30088 Doc# 2731 Filed: 06/24/19 Entered: 06/24/19 13:53:55 Page 4 of

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