Lynch v. California Public Utilities Commission
Opinion
Lead Opinion
Walker, J.
ORDER
The instant appeal arises from the high-profile bankruptcy of appellee Pacific Gas and Electric Company (PG & E). PG & E filed for Chapter 11 bankruptcy on April 6, 2001. On December 18, 2003, after extensive settlement negotiations, appellee California Public Utilities Commission (CPUC) voted 3-2 to approve a modified settlement agreement (MSA) between the CPUC and PG & E. Appellants Loretta Lynch and Carl Wood, who are CPUC commissioners, cast the two dissenting votes. On January 5, 2004, the United States Bankruptcy Court entered a confirmation order implementing the MSA. This appeal followed.
Several months ago, the court denied appellants’ motion to stay the January 5 confirmation order. Doc # 77. In that order, the court expressed its view that appellants’ standing to bring this appeal was highly questionable. 4/19/04 Ord. (Doc. # 77) at 5:7-11. Unsurprisingly, PG & E, the Official Committee of Unsecured Creditors (OCUC) and the CPUC have filed motions to dismiss this appeal on that very ground. Docs. #16, 42, 82, 83. Having considered the parties’ arguments, the court is persuaded that its initial assessment of appellants’ standing is correct. Accordingly, the court…