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    PG&E Bankruptcy Threatens Power Purchase Agreements
    2019-01-30

    Pacific Gas and Electric Company and PG&E Corporation (together “PG&E”) filed for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Northern District of California on January 29, 2019.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Power purchase agreement, FERC, United States bankruptcy court
    Authors:
    Steven Shparber , Lee B. Hart , Dylan Trache
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Into the Void (Again): PG&E Intends to Enter Bankruptcy Proceedings - Possible Consequences for Renewable PPAs
    2019-01-24

    After months of speculation, it is now official : PG&E (both the parent, PG&E Corporation, and its subsidiary, Pacific Gas & Electric Company), having faced extraordinary challenges relating to catastrophic wildfires in 2017 and 2018, has announced that a voluntary bankruptcy filing “is appropriate, necessary and in the best interests of all stakeholders, including wildfire claimants, PG&E’s other creditors and shareholders, and is ultimately the only viable option to restore PG&E’s financial stability to fund ongoing operations and provide safe service to customers.” As

    Filed under:
    USA, California, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Mayer Brown, Renewable energy, Power purchase agreement, FERC, California Public Utilities Commission, Title 11 of the US Code, Federal Power Act 1920 (USA)
    Authors:
    J Paul Forrester , Sean T. Scott , Andrew Young , Nadav C. Klugman , Jarrett J. Doe
    Location:
    USA
    Firm:
    Mayer Brown
    Brown and Out: PG&E Bankruptcy Expected to Have Impacts in California and Beyond
    2019-01-25

    On January 14, 2019, facing “billions of dollars in liability claims from two years of deadly wildfires,”[i] PG&E Corporation and its regulated utility subsidiary, Pacific Gas and Electric Company, reported that they expect to file petitions under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Northern District of California on or about January 29, 2019.

    Filed under:
    USA, California, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    FERC Clarifies Its Concurrent Jurisdiction with Regard to Bankruptcy Filings That Seek to Reject Power Purchase Agreements
    2019-01-28

    On January 25, 2019, the US Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order clarifying its position with regard to bankruptcy filings that seek to reject Commission-jurisdictional wholesale power purchase agreements. In response to a petition for a declaratory order and complaint filed by NextEra Energy, Inc. and NextEra Energy Partners, L.P.

    Filed under:
    USA, New York, Ohio, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Mayer Brown, Power purchase agreement, FERC, Federal Power Act 1920 (USA), US District Court for the Southern District of New York, US District Court for Northern District of Ohio
    Authors:
    J Paul Forrester , Andrew Young
    Location:
    USA
    Firm:
    Mayer Brown
    Potential PG&E Bankruptcy Puts Power Purchase Agreement Counterparties on Notice
    2019-01-23

    PG&E Corporation has announced that it and its subsidiary, Pacific Gas & Electric Company (PG&E), California’s largest electric utility, will file for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the Northern District of California on or about Jan. 29, 2019. PG&E stated it will file bankruptcy in response to challenges relating to the catastrophic wildfires that occurred in Northern California in 2017 and 2018, which resulted in an estimated $30 billion in potential liability damages.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Wind power
    Authors:
    Ralph Dudziak , William P. Ewing , James E. Van Horn
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    PG&E Subcontractors: Here’s What the Upcoming Bankruptcy Means for You
    2019-01-18

    On January 13, 2019, PG&E announced that it would be filing a petition on January 29, 2019, under Chapter 11 of the bankruptcy code. The advance notice was required pursuant to a new California law requiring 15 days’ notice to employees of a change in control (including bankruptcy) of the employer. PG&E’s impending bankruptcy will present challenges for those doing business with PG&E on a continuing basis.

    Filed under:
    USA, California, Capital Markets, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Newmeyer Dillion, Form 8-K, US Securities and Exchange Commission, Securities Exchange Act 1934 (USA)
    Authors:
    James J. Ficenec , Michael Krueger
    Location:
    USA
    Firm:
    Newmeyer Dillion
    End User of Electricity Forward Contract Found Not To Be Forward Contract Merchant Under Bankruptcy Code Safe Harbor Provisions
    2019-01-17

    On January 15th, 2019, the U.S. Bankruptcy Court for the Northern District of Ohio held that the end user of an electricity forward contact was not entitled to the benefits of the safe harbor provisions under Section 556 of the Bankruptcy Code. Section 556 allows a “forward contract merchant” to terminate a forward contract post-petition based on an ipso facto clause in the contract and exempts such actions from the automatic stay.

    Filed under:
    USA, Ohio, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Bracewell LLP, United States bankruptcy court
    Authors:
    William A. Wood III
    Location:
    USA
    Firm:
    Bracewell LLP
    Houston-Based Parker Drilling Company Files Pre-Negotiated Bankruptcy
    2018-12-14

    On December 12, 2018, Parker Drilling Company and its subsidiaries (“Debtors”), oilfield service companies headquartered in Houston, filed pre-negotiated chapter 11 cases in the United Stated Bankruptcy Court for the Southern District of Texas. The Honorable Marvin Isgur is Presiding over the cases.

    The Companies operate in two lines of business: (a) drilling services (i.e., oil, natural gas, and geothermal wells); and (b) rental tools and well services to E&P companies, drilling contractors and service companies.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, FisherBroyles LLP, Bankruptcy, Shareholder
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    Much Ado About Lending: A Backwards Look at the OCC's 2016 Leverage Test
    2018-09-19

    Two years ago, after a slew of bankruptcies in the energy sector triggered by a dramatic drop in commodity prices during the worst downturn for U.S. energy producers since the 1980’s, the Office of the Comptroller of the Currency (OCC) issued new guidance that proposed changes to underwriting analysis and loan risk rating determinations by national banks and federal savings associations of loans secured by oil and gas reserves (RBLs).

    1 Driven by a concern that banks were not appropriately capturing risks associated with increased

    Filed under:
    USA, Banking, Energy & Natural Resources, Insolvency & Restructuring, Haynes and Boone LLP, Office of the Comptroller of the Currency (USA)
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    FirstEnergy: Bankruptcy court asserts primacy over FERC; approves rejection of power purchase agreements
    2018-09-04

    In a closely watched battle between FirstEnergy Solutions (“FirstEnergy”) and the Ohio Valley Energy Corporation (“OVEC”) that could have significant implications for the U.S. power sector, the U.S. Bankruptcy Court for the Northern District of Ohio asserted its primacy over the Federal Energy Regulatory Commission (“FERC”) in deciding whether to allow FirstEnergy to repudiate certain FERC-regulated power purchase agreements (“PPAs”).

    Filed under:
    USA, Ohio, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Litigation, K&L Gates LLP, Electricity generation, Unsecured creditor, Power purchase agreement, FERC, FirstEnergy, Federal Power Act 1920 (USA)
    Authors:
    Charles A. Dale III , William M. Keyser , David A. Mawhinney , Michael L. O'Neill
    Location:
    USA
    Firm:
    K&L Gates LLP

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