PG&E bankruptcy judge rules FERC’s PPA jurisdiction claim ‘unenforceable’

摘要

The US federal bankruptcy judge in the power purchase adversary case between PG&E Corp., its utility Pacific Gas and Electric and the Federal Energy Regulatory Commission has ruled as “unenforceable” FERC’s claim of having “concurrent jurisdiction” with the court over the PPAs. Pacific Gas and Electric, which filed for bankruptcy January 29 and is California’s largest utility, has reported having 387 PPAs with 350 counterparties worth $42 billion. The PPAs represent 13,668 MW of capacity, roughly half from renewable projects that have helped the San Francisco-based utility meet its renewable energy standards mandated by the state. According to the Memorandum Decision on Action for Declaratory and Injunctive Relief signed June 7 by US Bankruptcy Judge Dennis Montali, it is the bankruptcy court that has “sole authority” over PG&E Corp. and its utility’s “rights to reject any of its PPAs” in the bankruptcy proceeding. PG&E Corp. and its utility “have not filed a single motion to reject” any PPAs to date, the judge said. Montali was overseeing the adversary case and is also overseeing the main bankruptcy case being heard in the US Federal District of Bankruptcy Court for the Northern District of California.