Case No. 03-46591(DML) Jointly Administered.United States Bankruptcy Court, N.D. Texas, Fort Worth Division.
December 8, 2004
ORDER GRANTING DEBTORS’ MOTION PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 9019 APPROVING SETTLEMENT AGREEMENT AND RELEASE BETWEEN MIRANT DELTA, LLC, MIRANT POTRERO, LLC, THE CALIFORNIA INDEPENDENT SYSTEM OPERATOR CORPORATION AND PACIFIC GAS AND ELECTIC COMPANY
DENNIS MICHAEL LYNN, Bankruptcy Judge
Upon the motion, dated November 11, 2004, (the “Motion”)[1] of Mirant Corporation (“Mirant”) and its affiliated debtors, as debtors and debtors-in-possession (collectively, the “Debtors”), for authority to consummate the “Settlement Agreement” (the “Settlement Agreement”) entered into Debtor Mirant Delta, LLC (“Mirant Delta”), Debtor Mirant Potrero, LLC (“Mirant Potrero” and, with Mirant Delta, the “California Debtors”), the California Independent System Operator Corporation (“CAISO”) and Pacific Gas and Electric Company (“PGE”) pursuant to rule 9019 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”); and it appearing that the settlement set forth in the Settlement Agreement has been approved by the Federal Energy Regulatory Commission and is “fair and equitable and in the best interest of the estate” and satisfies the requirements for approval of settlements set forth In re Cajun Electric Power Cooperative, Inc., 119 F.3d 349, 355 (5th Cir. 1997); and it appearing that the Court has jurisdiction over this matter; and it appearing that due notice of the Motion has been provided, and that no other or further notice need be provided; upon all of the
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proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor,
IT IS HEREBY:
ORDERED that the Motion is GRANTED; it is further
ORDERED that the Settlement Agreement attached as Exhibit A
to the Motion is approved; it is further
ORDERED that the Debtors are authorized to enter into and consummate their obligations under the Settlement Agreement.
IT IS SO ORDERED.
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