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DIEMER & WEI, LLP

Kathryn S. Diemer (#133977)

100 West San Fernando Street, Suite 555

San Jose, CA 95113

Telephone: 408-971-6270 

Facsimile: 408-971-6271

Email: kdiemer@diemerwei.com 

WILLKIE FARR & GALLAGHER LLP

Matthew A. Feldman (pro hac vice)

Joseph G. Minias (pro hac vice)

Benjamin P. McCallen (pro hac vice)

Daniel I. Forman (pro hac vice)

787 Seventh Avenue

New York, NY 10019-6099

Telephone: (212) 728-8000

Facsimile: (212) 728-8111

Email: mfeldman@willkie.com

jminias@willkie.com

bmccallen@willkie.com

dforman@willkie.com

Counsel for Ad Hoc Group of Subrogation Claim Holders

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION,

-andPACIFIC GAS AND ELECTRIC 

COMPANY, 

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)

Bankruptcy Case No. 19-30088 (DM)

Chapter 11

(Lead Case)

(Jointly Admin.)

AD HOC GROUP OF SUBROGATION CLAIM 

HOLDERS’ MOTION PURSUANT TO 11 U.S.C. §§ 

105(A) AND 107(B) AND FED. R. BANKR. P. 9018 

FOR ENTRY OF AN ORDER AUTHORIZING 

THE FILING OF CERTAIN DOCUMENTS 

UNDER SEAL

[No Hearing Requested]

Case: 19-30088 Doc# 4645 Filed: 11/11/19 Entered: 11/11/19 09:39:59 Page 1 of

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The Ad Hoc Group of Subrogation Claim Holders (the “Ad Hoc Subrogation Group”), in 

the above captioned chapter 11 cases of PG&E Corporation and Pacific Gas and Electric Company 

(together, the “Debtors”), by and through their undersigned counsel, hereby submit this motion (the 

“Motion”) pursuant to sections 105(a) and 107(b) of title 11 of the United States Code (the 

“Bankruptcy Code”), Rule 9018 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy 

Rules”), Rule 1001-2(a) of the Bankruptcy Local Rules for the United States District Court for the 

Northern District of California and the New District Wide Procedures for Electronically Filing 

Sealed and Redacted Documents adopted by the United States Bankruptcy Court for the Northern 

District of California (the “Local Procedures”).

The Ad Hoc Subrogation Group seeks entry of an order authorizing the Ad Hoc Subrogation 

Group to file under seal certain attachments (the “Model Release Attachments”) to Exhibit A to the 

Statement of the Ad Hoc Group of Subrogation Claim Holders (the “Statement”), filed 

contemporaneously herewith. In support of this Motion, the Ad Hoc Subrogation Group respectfully

represents as follows: 

MEMORANDUM OF POINTS AND AUTHORITIES

I. JURISDICTION

The Court has jurisdiction to consider this matter pursuant to 28 U.S.C. §§ 157 and 1334, the 

Order Referring Bankruptcy Cases and Proceedings to Bankruptcy Judges, General Order 24 (N.D. 

Cal.), and Bankruptcy Local Rule 5011-1(a). This is a core proceeding pursuant to 28 U.S.C. § 

157(b). Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 

II. BASIS FOR RELIEF REQUESTED

Section 105(a) of the Bankruptcy Code allows a court to “issue any order . . . that is necessary 

or appropriate to carry out the provisions of the title.” 11 U.S.C. § 105(a). Section 107(b) of the 

Bankruptcy Code and Rule 9018 of the Bankruptcy Rules empower bankruptcy courts to issue 

orders to protect confidential information. The Local Procedures provide that: “No document may 

be filed under seal or redacted and made a part of the record (i.e., closed to inspection by the public) 

except pursuant to a court order that authorizes the sealing of the particular document or redaction of 

portions thereof.”

Case: 19-30088 Doc# 4645 Filed: 11/11/19 Entered: 11/11/19 09:39:59 Page 2 of

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Section 7.5 of the Confidentiality and Protective Order [Dkt No. 3405] (the “Protective 

Order”) entered by this Court on August 7, 2019 provides that “[a] Party that seeks to file any 

Protected Material with the Court must file under seal.” The Protective Order defines “Protected 

Material” to include discovery materials labeled “CONFIDENTIAL”, “HIGHLY 

CONFIDENTIAL”, and “PROFESSIONAL EYES ONLY.” In support of the Statement, the Ad 

Hoc Subrogation Group plans to file the Model Release Attachments, which the Debtors have 

designated Protected Material pursuant to the terms of the Protective Order. The relief requested 

herein falls within the scope of section 107(b) and the other authorities cited above. 

The Ad Hoc Subrogation Group proposes to share copies of the Model Release Attachments 

with the Debtors, the Court, the U.S. Trustee, counsel to the Official Committee of Unsecured 

Creditors (the “UCC”), the Official Committee of Tort Claimants (the “TCC”) and any other 

official committee established pursuant to section 1102, counsel to the objectors to the Debtors’ 

motion for approval of the Restructuring Support Agreement between Debtors and the Ad Hoc 

Subrogation Group (the “RSA Approval Motion”) [Dkt. No. 3992], and any party who has 

endorsed the Protective Order and requests a copy of the Model Release Attachments (collectively, 

the “Receiving Parties”) on a confidential and professional eyes only basis. 

III. NOTICE

Notice of this Motion will be provided to (i) the Debtors; (ii) the Office of the United States 

Trustee for Region 17 (Attn: Andrew Vara, Esq. and Timothy Laffredi, Esq.); (iii) counsel to the 

UCC; (iv) counsel to the TCC; (v) the California Public Utilities Commission; (vi) the U.S. Nuclear 

Regulatory Commission; (vii) the Federal Energy Regulatory Commission; (viii) counsel for the 

agent under the Debtors’ debtor-in-possession financing facilities; (ix) the objectors to the RSA 

Approval Motion; and (x) those persons who have formally appeared in these Chapter 11 Cases and 

requested service pursuant to Bankruptcy Rule 2002 (collectively, the “Notice Parties”). The Ad 

Hoc Subrogation Group respectfully submits that no further notice is required.

IV. CONCLUSION

WHEREFORE, the Ad Hoc Subrogation Group requests that the Court APPROVE the 

Motion and allow the Ad Hoc Subrogation Group to file under seal those Model Release 

Case: 19-30088 Doc# 4645 Filed: 11/11/19 Entered: 11/11/19 09:39:59 Page 3 of

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Attachments that have been designated “CONFIDENTIAL” or “PROFESSIONAL EYES ONLY”

pursuant to the Protective Order and to share the Model Release Attachments with the Receiving 

Parties. 

No previous request for the relief sought herein has been made by the Ad Hoc Subrogation 

Group. 

Dated: November 11, 2019

Counsel for Ad Hoc Group of Subrogation Claim Holders

WILLKIE FARR & GALLAGHER LLP

/s/ Benjamin P. McCallen

Matthew A. Feldman (pro hac vice)

Joseph G. Minias (pro hac vice)

Benjamin P. McCallen (pro hac vice)

Daniel I. Forman (pro hac vice)

787 Seventh Avenue

New York, NY 10019-6099

Telephone: (212) 728-8000

Facsimile: (212) 728-8111

Email: mfeldman@willkie.com

jminias@willkie.com

bmccallen@willkie.com

 dforman@willkie.com

DIEMER & WEI, LLP

Kathryn S. Diemer (#133977)

100 West San Fernando Street, Suite 555

San Jose, CA 95113

Telephone: (408) 971-6270 

Facsimile: (408) 971-6271 

Email: kdiemer@diemerwei.com

Case: 19-30088 Doc# 4645 Filed: 11/11/19 Entered: 11/11/19 09:39:59 Page 4 of

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