Law Preserves FERC Role In PG&E Bankruptcy, 9th Circ. Told

Law360 (January 21, 2020, 8:28 PM EST) -- The Federal Energy Regulatory Commission has told the Ninth Circuit that Pacific Gas & Electric Co. can't argue around the Federal Power Act barring bankruptcy courts from determining FERC's role in any effort by the utility to use restructuring to ditch power purchase agreements.

FERC said in a brief Friday that PG&E is wrongly trying to argue that U.S. Bankruptcy Judge Dennis Montali didn't review an agency order when he rejected FERC's claim of concurrent jurisdiction over any PPAs that the utility sought to reject in Chapter 11.

PG&E has argued that the federal Bankruptcy Code gives bankruptcy courts the right to...

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