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Risa Lynn Wolf-Smith (#122396) 

HOLLAND & HART LLP

555 17th Street, Suite 3200 

Denver, CO 80202-3979 

Telephone: (303) 295-8000 

Facsimile: (303) 295-8261 

rwolf@hollandhart.com 

Attorneys for DIABLO WINDS, LLC 

UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

PG&E CORPORATION and 

PACIFIC GAS & ELECTRIC COMPANY, 

 Debtors., 

Case No. 19-30088 (DM) 

JOINDER OF DIABLO WINDS, LLC TO 

NEXTERA ENERGY, INC.’S, MOTION 

FOR LIMITED RELIEF FROM STAY TO

PARTICIPATE IN APPELLATE 

PROCEEDINGS WITH RESPECT TO 

FERC ORDERS 

Date: 6/26/2019 

Time: 9:30 a.m. PST 

Place: United States Bankruptcy Court 

Courtroom 17, 16th Floor 

San Francisco, CA 94102 

Objection Deadline: June 21, 2019 

4:00 p.m. (PST)

Diablo Winds, LLC (“Diablo”), a party in interest in the above-captioned cases, through 

its counsel Holland & Hart LLP, hereby joins in NextEra Energy, Inc., and NextEra Energy 

Partners, L.P.’s (collectively, “NextEra”), Motion for Limited Relief from Stay to Participate in 

Appellate Proceedings with Respect to FERC Orders [Docket No. 2400] (the “Motion”).1

 In 

support hereof (the “Joinder”), Diablo respectfully represents as follows: 

 

1

 Capitalized terms used herein and not otherwise defined shall have their meaning set forth in 

the Motion. 

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JOINDER 

By its Motion, NextEra seeks permission to participate in the Debtors’ appeal of the 

FERC Orders. Diablo joins in the Motion and seeks the same relief for the same reasons as set 

forth in the Motion. Diablo is also a PPA Counterparty and intervenor in the FERC Proceedings 

and has a direct stake in any appeal of the FERC Orders. Diablo has a substantial interest in the 

subject matter of the FERC proceedings, and it would be inequitable to allow the Debtors to 

appeal the FERC Orders without affording Diablo the opportunity to participate in any such 

appeal. 

CONCLUSION 

For the reasons set forth herein, Diablo respectfully requests that the Court enter an order, 

substantially in the form of the Exhibit A, (i) lifting the automatic stay to the extent necessary to 

permit Diablo to (a) seek leave from the applicable Circuit Court of appeals to intervene in any 

appeal of the FERC Orders; (b) to the extent permitted by the applicable circuit court of appeals, 

participate in and prosecute to conclusion any appeal of the FERC Orders; (c) seek or oppose any 

request for rehearing, rehearing en banc, petition for writ of certiorari; (d) participate in the 

briefing and argument relating to any and all the foregoing; and (e) participate in any 

proceedings on remand of the FERC Orders; (ii) lifting the automatic stay to the extent necessary 

to generally allow all courts and administrative agencies with jurisdiction over the appeal or 

remand to enter final orders relating thereto; and (iii) granting such other and further relief as is 

just and proper. 

NOTICE 

Notice of this Joinder will be provided to (i) the Office of the U.S. Trustee for Region 17 

(Attn: Anthony R. Vara, Esq. and Timothy Laffredi, Esq.); (ii) counsel to the Debtors; (iii) 

counsel to the Creditors Committee; (iv) counsel to the Tort Claimants Committee; (v) the 

Securities and Exchange Commission; (vi) the Internal Revenue Service; (vii) the Office of the 

California Attorney General; (viii) the California Public Utilities Commission; (ix) the Nuclear 

Regulatory Commission; (x) the Federal Energy Regulatory Commission; (xi) the Office of the 

United States Attorney for the Northern District of California; (xii) counsel for the agent under 

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the Debtors’ debtor-in-possession financing facility; (xiii) counsel to the PPA Counterparties; 

and (xiv) those persons who have formally appeared in these chapter 11 cases and requested 

service pursuant to Bankruptcy Rule 2002. 

Diablo respectfully submits that no further notice is required.

No previous request for the relief sought herein has been made by Diablo to this or any 

other court. 

DATED this 7th day of June 2019. 

Respectfully submitted, 

s/Risa Lynn Wolf-Smith 

Risa Lynn Wolf-Smith 

HOLLAND & HART LLP

555 17th Street, Suite 3200 

Denver, CO 80202-3979 

Attorneys for DIABLO WINDS, LLC 

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CERTIFICATE OF SERVICE

I hereby certify that on June 7, 2019, I caused a copy of the foregoing to be served by 

electronic mail upon all parties receiving notice through the Court’s CM/ECF Noticing System. 

And Via U.S. Mail: 

The Debtors, c/o PG&E Corporation and Pacific Gas and Electric Company 

Attn: Janet Loduca, Esq. 

P.O. Box 770000 

77 Beale Street 

San Francisco, CA 94105 

\ 

/s/Lela Lopez Velasquez 

Lela Lopez Velasquez 

Holland & Hart LLP 

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EXHIBIT A 

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UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

PG&E CORPORATION and 

PACIFIC GAS & ELECTRIC COMPANY, 

 Debtors., 

Case No. 19-30088 (DM) 

ORDER GRANTING JOINDER OF 

DIABLO WINDS, LLC TO NEXTERA 

ENERGY, INC.’S, MOTION FOR 

LIMITED RELIEF FROM STAY TO 

PARTICIPATE IN APPELLATE 

PROCEEDINGS WITH RESPECT TO 

FERC ORDERS 

The Court having considered the Joinder of Diablo Winds, LLC to Nextera Energy, Inc. 

and NextEra Energy Partner, L.P.’s, Motion For Limited Relief From Stay To Participate In 

Appellate Proceedings With Respect To FERC Orders [Dkt. No. 2400], dated June 5, 2019, filed 

by Diablo Wind, LLC (“Diablo”), and this Court having held a hearing on the Motion, and good 

cause appearing therefor pursuant to Bankruptcy Code section 362(d)(1). 

IT IS HEREBY ORDERED THAT: 

1. The Motion is granted. 

2. The automatic stay is lifted to the extent necessary to permit Diablo to (a) seek 

leave from the applicable Circuit Court to intervene in any appeal of the FERC Orders, (b) to the 

extent permitted by the applicable Circuit Court, participate in and prosecute to conclusion any 

appeal of the FERC Orders; (c) seek or oppose any request for rehearing, rehearing en banc, 

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petition for writ of certiorari in connection with any appeal of the FERC Orders; (d) participate 

in the briefing and argument relating to any and all the foregoing; and (e) participate in any 

proceedings on remand of the FERC Orders. 

3. The automatic stay is lifted to the extent necessary to permit all courts and 

administrative agencies with jurisdiction over any appeal or remand of the FERC Orders to enter 

final orders relating thereto. 

4. The 14-day stay under Bankruptcy Rule 4001(a)(3) is hereby waived and this 

Order shall take effect immediately upon entry. 

5. This Court shall retain exclusive jurisdiction with respect to all matters arising 

from or related to the implementation, interpretation, and enforcement of this Order. 

** END OF ORDER ** 

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