B1040 (FORM 1040) (12/15)

ADVERSARY PROCEEDING COVER SHEET

(Instructions on Reverse)

ADVERSARY PROCEEDING NUMBER

(Court Use Only)

PLAINTIFFS DEFENDANTS

ATTORNEYS (Firm Name, Address, and Telephone No.) ATTORNEYS (If Known)

PARTY (Check One Box Only)

Ƒ Debtor Ƒ867UXVWHH%DQNUXSWF\Admin

Ƒ Creditor Ƒ Other

Ƒ Trustee

PARTY (Check One Box Only)

Ƒ Debtor ƑU.S. Trustee/BankruptcyAdmin

Ƒ Creditor Ƒ Other

Ƒ Trustee

CAUSE OF ACTION (WRITE A BRIEF STATEMENT OF CAUSE OF ACTION, INCLUDING ALL U.S. STATUTES INVOLVED)

NATURE OF SUIT

(Number up to five (5) boxes starting with lead cause of action as 1, first alternative cause as 2, second alternative cause as 3, etc.)

FRBP 7001(1) – Recovery of Money/Property

Ƒ11-Recovery of money/property - §542 turnover of property

Ƒ12-Recovery of money/property - §547 preference

Ƒ13-Recovery of money/property - §548 fraudulent transfer

Ƒ14-Recovery of money/property - other 

FRBP 7001(2) – Validity, Priority or Extent of Lien

Ƒ21-Validity, priority or extent of lien or other interest in property

FRBP 7001(3) – Approval of Sale of Property

Ƒ31-Approval of sale of property of estate and of a co-owner - §363(h) 

FRBP 7001(4) – Objection/Revocation of Discharge

Ƒ41-Objection / revocation of discharge - §727(c),(d),(e)

FRBP 7001(5) – Revocation of Confirmation

Ƒ51-Revocation of confirmation

FRBP 7001(6) – Dischargeability

Ƒ66-Dischargeability - §523(a)(1),(14),(14A) priority tax claims

Ƒ62-Dischargeability - §523(a)(2), false pretenses, false representation,

actual fraud

Ƒ67-Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny

(continued next column)

FRBP 7001(6) – Dischargeability (continued)

Ƒ61-Dischargeability - §523(a)(5), domestic support

Ƒ68-Dischargeability - §523(a)(6), willful and malicious injury 

Ƒ63-Dischargeability - §523(a)(8), student loan

Ƒ64-Dischargeability - §523(a)(15), divorce or separation obligation

(other than domestic support)

Ƒ65-Dischargeability - other 

FRBP 7001(7) – Injunctive Relief

Ƒ 71-Injunctive relief – imposition of stay

Ƒ 72-Injunctive relief – other 

FRBP 7001(8) Subordination of Claim or Interest

Ƒ 81-Subordination of claim or interest

FRBP 7001(9) Declaratory Judgment

Ƒ 91-Declaratory judgment 

FRBP 7001(10) Determination of Removed Action

Ƒ 01-Determination of removed claim or cause

Other

Ƒ SS-SIPA Case – 15 U.S.C. §§78aaa et.seq.

Ƒ 02-Other (e.g. other actions that would have been brought in state court 

if unrelated to bankruptcy case)

Ƒ Check if this case involves a substantive issue of statelaw Ƒ Check if this is asserted to be a class action under FRCP23

Ƒ Check if a jury trial is demanded in complaint Demand $

Other Relief Sought

WINDING CREEK SOLAR LLC, FOOTHILL SOLAR LLC,

HOLLISTER SOLAR LLC, VINTNER SOLAR LLC, BEAR CREEK

SOLAR LLC, and ALLCO RENEWABLE ENERGY LIMITED

PACIFIC GAS AND ELECTRIC COMPANY

FUTTERMAN DUPREE DODD CROLEY MAIER LLP, 601 Montgomery Street, Suite 333, San

Francisco, CA 94111, Telephone: (415) 399-3906, CAIRNCROSS & HEMPELMANN, 524

Second Avenue, Suite 500, Seattle, WA 98104-2323, Telephone: 206-254-4444, Thomas

Melone, Allco Renewable Energy Ltd., 1740 Broadway, 15th fl., NY, NY 10019, 212-681-1120.

WEIL, GOTSHAL & MANGES LLP, KELLER &

BENVENUTTI LLP

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This case concerns the Plaintiffs’ right to sell energy and capacity from its solar electric generating facilities to Pacific Gas and Electric Company (“PG&E”) pursuant to section 210 of the Public Utility

Regulatory Policies Act, Pub. L. No. 95-617, 92 Stat. 3117 (“PURPA”), Cal. Pub. Util. Code section 399.20, and PG&E’s filed tariffs. The Plaintiffs offered to sell the energy and capacity for a 20-year term

from various solar generating facilities to PG&E using contracts and rates published under PG&E tariffs that were in effect when the offers were made. Those tariffs were implemented by PG&E in order to

comply with its independent obligations under its “must-take” obligation imposed by federal and state law under section 210 of PURPA and Cal. Pub. Util. Code section 399.20. When Plaintiffs’ made those

offers a legally enforceable obligation was formed obligating PG&E to purchase the energy and capacity at those rates and terms. PG&E refused to execute written contracts evidencing its obligation to

purchase the energy and capacity from those facilities due to the PG&E tariff's unlawful attempt to cap its “must-take” obligation to purchase.

■

■

613,603,679.00

In the alternative, injunctive relief requiring PG&E to enter into the contracts the Plaintiffs were entitled to receive but for the unlawful cap included in

PG&E's tariff.

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Case: 19-30088 Doc# 4324-1 Filed: 10/20/19 Entered: 10/20/19 07:35:47 Page 1

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B1040 (FORM 1040)(12/15) 

BANKRUPTCY CASE IN WHICH THIS ADVERSARY PROCEEDING ARISES 

NAME OF DEBTOR BANKRUPTCY CASE NO. 

PACIFIC GAS AND ELECTRIC COMPANY 19-30089 ( 19-30088 lead case) 

DISTRICT IN WHICH CASE IS PENDING DMSION OFFICE NAMEOF JUDGE 

Northern District of California San Francisco Montali 

RELATED ADVERSARY PROCEEDING (IF ANY) 

PLAINTIFF DEFENDANT ADVERSARY 

n/a n/a PROCEEDING NO. 

n/a 

DISTRICT IN WHICHADVERSARY IS PENDING DMSION OFFICE NAMEOF JUDGE 

SIONA TURE OF A Trn~ OR PLAINTIFF) 

! ., - is/Thomas Mela A ~ 

DATE PRINT NAME OF ATTORNEY (OR PLAINTIFF) 

10/20/2019 Thomas Melone 

INSTRUCTIONS 

The filing ofa bankruptcy case creates an "estate" under thejuris diction of the bankruptcy court which consists of 

all of the property of the debtor, wherever that property is located. Because the bankruptcy estate is so extensive and the 

jurisdiction of the court so broad, there may be lawsuits overtheproperty orproperty rights of the estate. There also may be 

lawsuits concerning the debtor's discharge. If such a lawsuit is filed in a bankruptcy court, it is called an adversary 

proceeding. 

A party filing an adversary proceeding must also must complete and file Form 1040, the Adversary Proceeding 

Cover Sheet, unless the party files the adversary proceeding electronically through the court's Case Management/Electronic 

Case Filing system(CM/ECF). (CM/ECF captures the information on Form 1040 as partofthe filing process.) When 

completed, the coversheetsummariz.es basic information on the adversary proceeding. The clerk of court needs the 

information to process the adversary proceeding and prepare required s ta tis ticalreports on court activity. 

The coversheet and the information contained onit do not replaceorsupplement the filing and service of pleadings 

or other papers as required by law, the Bankruptcy Rules, or the local rules ofcourt. The cover sheet, which is largely selfexplanatory, must be completed by the plaintiff's attorney(orby the plaintiffiftheplaintiffis not represented by an 

attorney). A separate cover sheetmust be submitted to the clerk for each complaint filed . 

Plaintiffs and Defendants. Give the names of the plaintiffs and defendants exactly as they appear on the complaint. 

Attorneys. Give the names and addresses of the attorneys, ifknown. 

Party. Check the most appropriate boxin the first column for the plaintiffs and the second column for the defendants. 

Demand Enter the dollar amount being demanded in the complaint. 

Signature. This cover sheetmust be signed by the attorney ofrecord in the boxon the second page of the form. If the 

plaintiff is represented bya law finn, a member of the firm must sign. If the plaintiff is prose, that is,not represented by an 

attorney, the plaintiff must sign. 

Case: 19-30088 Doc# 4324-1 Filed: 10/20/19 Entered: 10/20/19 07:35:47 Page 2

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