-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, BixdME6tggncKNfnkAg5KZu3GwPlc7g+zJ8Ed/PDmODuBOKnfx4ER5jNeh0aYf/j 9aTpv0P/d6gjQYH5p2Qf4w== 0001004980-02-000038.txt : 20020607 0001004980-02-000038.hdr.sgml : 20020607 20020604152948 ACCESSION NUMBER: 0001004980-02-000038 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20020604 ITEM INFORMATION: Other events FILED AS OF DATE: 20020604 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PACIFIC GAS & ELECTRIC CO CENTRAL INDEX KEY: 0000075488 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 940742640 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-02348 FILM NUMBER: 02670009 BUSINESS ADDRESS: STREET 1: 77 BEALE ST STREET 2: P O BOX 770000 CITY: SAN FRANCISCO STATE: CA ZIP: 94177 BUSINESS PHONE: 4152677000 MAIL ADDRESS: STREET 1: 77 BEALE STREET STREET 2: P O BOX 770000 CITY: SAN FRANCISCO STATE: CA ZIP: 94177 8-K 1 final604.htm FORM 8-K PG&E’S GRC

SECURITIES AND EXCHANGE COMMISSION


Washington, D.C.  20549



FORM 8-K


CURRENT REPORT


Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934


Date of Report: June 4, 2002



Commission
File
Number

Exact Name of
Registrant
as specified in
its charter


State or other
Jurisdiction of
Incorporation


IRS Employer
  Identification
Number

_____________

_____________

_____________

_____________

1-12609

1-2348

PG&E Corporation

Pacific Gas and
Electric Company

California

California

94-3234914

94-0742640


Pacific Gas and Electric Company
77 Beale Street, P. O. Box 770000
San Francisco, California  94177

PG&E Corporation
One Market, Spear Tower, Suite 2400
San Francisco, California  94105

(Address of principal executive offices) (Zip Code)


Pacific Gas and Electric Company
(415) 973-7000

PG&E Corporation
(415) 267-7000

(Registrant's telephone number, including area code)




Item 5. Other Events

Pacific Gas and Electric Company Bankruptcy

Monthly Operating Report

            On May 30, 2002, Pacific Gas and Electric Company (Utility) filed its monthly operating report for the month ended April 30, 2002, with the U.S. Bankruptcy Court for the Northern District of California (Bankruptcy Court). The Utility's monthly operating report includes an unaudited income statement for the month and an unaudited balance sheet dated as of the end of the month.  These unaudited financial statements are attached as Exhibit 99 to this report. Although not included in Exhibit 99, the monthly operating report also includes a statement of receipts and disbursements, as well as other information.  The preliminary financial statements were prepared using certain assumptions and estimates that are subject to revision.  Any adjustments for these estimates (based upon changes in facts and circumstances, further analysis, and other factors) will be reflected in the financial statements in the period during which such adjustments are made.  These adjustments could have a material impact on reported results in the future.

Official Committee of Unsecured Creditors

As previously disclosed, on June 17, 2002, the disclosure statements describing the Utility’s proposed plan of reorganization (PG&E Plan) and the competing alternative proposed plan of reorganization sponsored by the California Public Utilities Commission (CPUC) will be mailed to creditors.  On May 31, 2002, the Bankruptcy Court approved the inclusion in the solicitation package of the Official Committee of Unsecured Creditors’ (OCC) report and recommendations regarding the competing plans of reorganization.

With respect to the PG&E Plan, the OCC report highlights the critical prerequisite that the new securities proposed to be issued achieve investment grade status, and their belief that this may be successfully achieved.  The OCC report also mentions the objections that will likely be raised by the CPUC during confirmation involving preemption of certain state laws.  Lastly, the OCC report states that if the PG&E Plan is confirmed it will likely face legal challenge from the CPUC and the State of California.

With respect to the CPUC plan, the OCC report states that the CPUC has failed to convince the OCC that the reorganized Utility will achieve investment grade status under the alternate plan.  The report also states that while the CPUC has asserted in its disclosure statement that the reorganized Utility will be regulated in a way to allow it to recover reasonable, prudently incurred costs and will have an opportunity to earn a reasonable rate of return, the CPUC has failed to accept the OCC’s suggestions concerning objective mechanisms to address their concerns regarding these issues.  These two uncertainties cause the OCC to identify as a risk whether the CPUC plan ultimately can be financed. 

The OCC report concludes with a recommendation that creditors vote in favor of both plans, but does not take a position on a preference vote for either plan.  They state that the PG&E Plan is financially feasible, but faces significant delays because of potential legal challenges.   They call the CPUC plan “simpler than the PG&E Plan”, but state that it may not be financeable and also faces litigation delay. 

The OCC stated that it will continue to represent and protect the interests of creditors and seek a consensual resolution of the disputes between the proponents of the PG&E Plan and the CPUC plan.

Item 7. Financial Statements, Pro Forma Financial Information, and Exhibits

            Exhibit 99 - Pacific Gas and Electric Company Income Statement for the month ended April 30, 2002, and Balance Sheet dated April 30, 2002.



SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrants have duly caused this report to be signed on their behalf by the undersigned thereunto duly authorized.

 

PG&E CORPORATION

 

By:  CHRISTOPHER P. JOHNS

 

                                                                  

 

       CHRISTOPHER P. JOHNS
       Senior Vice President and Controller

 

 

PACIFIC GAS AND ELECTRIC COMPANY

 

By:  DINYAR B. MISTRY

 

                                                                      

 

     DINYAR B. MISTRY
     Vice President and Controller

Dated:  June 4, 2002

EX-99 3 exhibit99.htm MONTHLY OPERATING REPORT APRIL 2002 Exhibit 99

Exhibit 99

PACIFIC GAS AND ELECTRIC COMPANY

U.S. TRUSTEE BALANCE SHEET

AS OF APRIL 30, 2002

(in millions, except share amounts)

April, 2002

ASSETS

Current Assets

Cash and cash equivalents

  $               4,501

Accounts receivable:

Customers (net of allowance for doubtful accounts of $45 million)

                  1,640

Related parties

                      32

Regulatory balancing accounts

                     124

Inventories:

Gas stored underground and fuel oil

                     136

Materials and supplies

                     117

Prepaid expenses and other

                       76

Total current assets

6,626

Property, Plant, and Equipment

Electric

                18,451

Gas

                  7,902

Construction work in progress

                     345

Total property, plant, and equipment (at original cost)

26,698

Accumulated depreciation and decommissioning

               (13,196)

Net property, plant, and equipment

13,502

Other Noncurrent Assets

Regulatory assets

                  2,202

Nuclear decommissioning trust funds

                  1,344

Other

                  1,859

Total noncurrent assets

                  5,405

TOTAL ASSETS

  $             25,533

LIABILITIES AND EQUITY

Liabilities

Accounts payable

  

Trade creditors

  $                  610

Related parties

                     109

Regulatory Balancing Accounts

                     339

Other

                     219

   Accrued taxes

                     894

Rate reduction bonds

                  1,640

Deferred income taxes

                     975

Deferred tax credits

                     150

Pre-petition secured debt

                  3,107

Pre-petition liabilities

                  4,385

Pre-petition financing debt

                  6,089

Other liabilities

                  3,336

Total liabilities

21,853

Preferred Stock With Mandatory Redemption Provisions

                     137

Stockholders' Equity

Preferred stock without mandatory redemption provisions

Nonredeemable--5% to 6%, outstanding 5,784,825 shares

                     145

Redeemable--4.36% to 7.04%, outstanding 5,973,456 shares

                     149

Common stock, $5 par value, authorized 800,000,000 shares;

issued 321,314,760 shares

                  1,606

Additional paid in capital

                  1,964

Accumulated deficit

                    (319)

Accumulated other comprehensive loss

                       (2)

Total stockholders' equity

3,543

TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY

  $             25,533


________________________________________________________________________________________

PACIFIC GAS AND ELECTRIC COMPANY

U.S. TRUSTEE BALANCE SHEET

AS OF APRIL 30, 2002

Notes

 

1

These unaudited financial statements are prepared for the U.S. Trustee and differ from the requirements of generally accepted accounting principles in that they exclude certain financial statements (statements of cash flows, stockholders equity, and other comprehensive income), relevant footnotes and certain reclassifications.

2

These unaudited financial statements were prepared using certain assumptions and estimates.  These assumptions and estimates are subject to revision.  Further, the amounts shown in this statement, when reported on a quarterly basis, may differ materially due to adjustments in accruals, changes in facts and circumstances, changes in estimates, further analysis, and other factors.

3

Cash and cash equivalents have been reduced for uncleared checks.  On the balance sheet included with the Utility's Annual Report, Form 10-K and 10-Q, uncleared checks are treated as an accounts payable liability.

__________________________________________________________________________________________

PACIFIC GAS AND ELECTRIC COMPANY

U.S. TRUSTEE INCOME STATEMENT

FOR THE MONTH ENDED APRIL 30, 2002

AND THE THIRTEEN MONTHS ENDED APRIL 30, 2002

(in millions)

  Case to date

  Month

  thirteen months

  ended

  ended

April 30, 2002

April 30, 2002

OPERATING REVENUES

  $               795

  $                 11,148

OPERATING EXPENSES:

Cost of Electric Energy

                  128

                        436

Cost of Gas

                    66

                      1,331

Operating and Maintenance

                        249

                     2,940

Depreciation, Decommissioning, and Amortization

                          90

                     1,020

Total Operating Expenses

                         533

 

                     5,727

OPERATING INCOME (LOSS)

                        262

 

                     5,421

Interest Income (Expense)

                         (69)

                        (970)

Professional Fees

                           (1)

                         (15)

Other Income and (Expense)

                           (1)

                         (13)

PRE-TAX INCOME (LOSS)

                         191

 

                     4,423

Income Taxes

                          78

                     1,704

EARNINGS (LOSS)

                        113

                     2,719

Preferred Dividend Requirement

                            2

                          27

EARNINGS (LOSS) AVAILABLE FOR (ALLOCATED TO) COMMON STOCK

$                111

 

$               2,692

___________________________________________________________________________________________

PACIFIC GAS AND ELECTRIC COMPANY

U.S.  TRUSTEE INCOME STATEMENT

FOR THE MONTH ENDED APRIL 30, 2002

AND THE THIRTEEN MONTHS ENDED APRIL 30, 2002

Notes

 

1

These unaudited financial statements are prepared for the U.S. Trustee and differ from the requirements of generally accepted accounting principles in that they exclude certain financial statements (statements of cash flows, stockholders equity, and other comprehensive income), relevant footnotes and certain reclassifications.

2

These unaudited financial statements were prepared using certain assumptions and estimates.  These assumptions and estimates are subject to revision.  Further, the amounts shown in this statement, when reported on a quarterly basis, may differ materially due to adjustments in accruals, changes in facts and circumstances, changes in estimates, further analysis, and other factors.

The results for the month of April 2002 are not indicative of future earnings.  Future earnings could differ materially.

3

These unaudited financial statements were prepared using certain assumptions and estimates, including the estimated amount payable to the California Department of Water Resources (DWR).  The estimated amount recorded was the product of the estimated amount of power purchased by the DWR on behalf of retail customers during the current month and the rate of approximately 9 cents per kilowatt hour.  The estimated amount recorded is subject to revision and actual results could differ materially from the information provided in this statement.

4

Case to date results reflect the entire thirteen month period ended April 30, 2002.  The bankruptcy petition date is April 6, 2001.

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