-----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, FG1MFtvrRxS/tyYQGhlEMu56AYVwfdyaAbwadYrgk7UcnzEDao2rqJpny4LtBoEl UcHFjhkz1oZt7xFjbtJaJg== 0001016193-97-000006.txt : 19970114 0001016193-97-000006.hdr.sgml : 19970114 ACCESSION NUMBER: 0001016193-97-000006 CONFORMED SUBMISSION TYPE: 8-K/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19961216 ITEM INFORMATION: Bankruptcy or receivership ITEM INFORMATION: Other events FILED AS OF DATE: 19970113 SROS: NASD FILER: COMPANY DATA: COMPANY CONFORMED NAME: BONNEVILLE PACIFIC CORP CENTRAL INDEX KEY: 0000795182 STANDARD INDUSTRIAL CLASSIFICATION: COGENERATION SERVICES & SMALL POWER PRODUCERS [4991] IRS NUMBER: 870363215 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 000-14846 FILM NUMBER: 97504561 BUSINESS ADDRESS: STREET 1: 50 W 300 SOUTH STREET 2: SUITE 300 CITY: SALT LAKE CITY STATE: UT ZIP: 84101 BUSINESS PHONE: 8013632520 MAIL ADDRESS: STREET 1: 330 EAST MAIN ST STREET 2: SUITE 201 CITY: BARRINGTON STATE: IL ZIP: 60010 8-K/A 1 CURRENT REPORT SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date Report (Date of earliest event reported) December 15, 1996 BONNEVILLE PACIFIC CORPORATION (Exact name of registrant as specified in charter) Delaware 0-14846 87-0363215 (State or other (Commission (IRA Employer jurisdiction of File Number) Identification No.) incorporation) 50 West 300 South, Suite 300, Salt Lake City, Utah 84101 (Address of principal executive offices) (Zip Code) Registrant's telephone number including area code (801) 363-2520 -------------- (Former name or former address, if changed since last report) Not applicable The only amendment made to this document is the addition of the Narrative which was erroneously left out of the original filing. Item 3. Bankruptcy or Receivership. On December 5, 1991, the Registrant filed a petition in the United States Bankruptcy Court for the District of Utah, Central Division, Case No. 91A-27701, seeking protection to reorganize under Chapter 11 of the Federal Bankruptcy Code. Subsequent to the filing, the Registrant has applied to the Securities and Exchange Commission (the "Commission") to modify its reporting obligations under the Securities Exchange Act of 1934, as amended (the "Exchange Act"). On April 9, 1992, the Commission indicated that it would raise no objection if the Registrant modified its reporting obligations under the Exchange Act. A copy of the Monthly Financial Report for the period November 1, 1996 to November 30, 1996, as filed with the bankruptcy court is included as an exhibit hereto. On June 12, 1992, Roger G. Segal was appointed as the Chapter 11 Bankruptcy Trustee for the Company. Item 5. Other Events. For information on litigation and matters previously reported, refer to the narrative on pages Form 2-G of the accompanying bankruptcy report. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused its report to be signed on its behalf by the undersigned thereunto duly authorized. BONNEVILLE PACIFIC CORPORATION By: Roger G. Segal, Chapter 11 Trustee DATED December 16, 1996 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused its report to be signed on its behalf by the undersigned thereunto duly authorized. BONNEVILLE PACIFIC CORPORATION By: R. Stephen Blackham, Assistant Controller DATED December 16, 1996 -3- INDEX TO EXHIBITS Exhibit Page No. 28.1 Monthly Financial Report - Chapter 11, for the period November 1, 1996 to November 30, 1996, of the Registrant, dated December 15, 1996 as filed by the Registrant with the United States Bankruptcy Court for the District of Utah, Central Division on December 15, 1996....5 -4- MONTHLY FINANCIAL REPORT CHAPTER 11 DEBTOR: BONNEVILLE PACIFIC CORPORATION CASE NO. 91A-27701 For Period November 1 to November 30, 1996 --------------- ------------- ------------------ Accounting Method Used: |X| Accrual Basis | | Cash Basis COVER SHEET THIS REPORT IS DUE 15 DAYS AFTER THE END OF THE MONTH. Mark One Box For Each The debtor must attach each of the following reports/ Required Report/ documents unless the U.S. Trustee has waived the Document requirement in writing. File original with Clerk of Court. File duplicate with U.S. Trustee. Report/Document Previously Attached Waived REQUIRED REPORTS/DOCUMENTS [ x ] [ ] Cash Receipts & Disbursements Statement (Form 2-B) [ x ] [ ] Balance Sheet (Form 2-C) [ x ] [ ] Profit and Loss Statement (Form 2-D) [ x ] [ ] Supporting Schedules (Form 2-E) [ x ] [ ] Quarterly Fee Summary (Form 2-F) [ x ] [ ] Narrative (Form 2-G) [ x ] [ ] Bank Statement(s) for Debtor in Possession Account(s) I declare under penalty of perjury that the following Monthly Financial Report and any attachments thereto, is true and correct to the best of my knowledge and belief. Executed on: December 15, 1996 Debtor(s): BONNEVILLE PACIFIC CORPORATION By: R. Stephen Blackham Position: Assistant Controller -4- DEBTOR: BONNEVILLE PACIFIC CORPORATION Bankruptcy No. 91A-27701 Narrative For the Month Ended November 30, 1996 FORM 2G _____________________________________________________________________________ Bonneville Pacific Corporation (the "Company" or "Bonneville") has continued to conduct its normal business activities during the month of November 1996 (the reporting period). These activities have included responding to the Operating Guidelines and Reporting Requirements for Chapter 11 debtors. Significant actions related to the Company during the month of November and the first part of December 1996 1 (other than administrative matters, including professional fee applications) in accordance with various provisions of the Bankruptcy Code are as follows: 1. The Segal v. Portland General, et al. action pending in the United States District Court, Case No. 92-C-364-J (the "Litigation") has been discussed at length in the previous Monthly Financial Reports filed by the Trustee and in the Trustee's four (4) Annual Reports, including the Report for the period of July 1, 1995 through June 30, 1996 filed on September 19, 1996 concerning the Administration of the Estate. These Reports (which are on file with both the Bankruptcy Court and the Securities & Exchange Commission) must be reviewed for an understanding of the history and nature of the Litigation, including previous settlements 2 reached by the Trustee. Except for the severed action of Segal (Trustee) v. Dinuba Energy, Inc. & Ronald C. Yanke, United States District Court for the District of Utah, Case No. 92-CV-1116-J-H, for all practical purposes the Litigation has been concluded (see the discussion below concerning the status of the Westinghouse, Calpine and Dunlop settlements). On August 22, 1996 the Trustee entered into a comprehensive verbal settlement agreement with Portland General Corporation ("PGC"), its wholly owned subsidiary, Portland General - -------- 1 This narrative attempts to summarize significant events affecting the Company through December 12, 1996. 2 Each settlement agreement should be reviewed in its entirety for all terms and conditions (and consideration) of the settlement. Holding Inc. ("PGHI") and certain past and present officers of PGC or PGHI (collectively such entities and persons are referred to as "Portland"). Pursuant to the settlement, which was documented by formal settlement agreement2 dated September 9, 1996, Portland released any and all claims against Bonneville, its estate and related entities and individuals except that PGHI retained ownership of 2,000,000 shares of common stock of Bonneville. PGHI has, pursuant to the settlement, surrendered ownership of 7,842,067 shares of common stock of Bonneville and Portland has withdrawn with prejudice its filed claim (in the amount of $230,369,276.00) against Bonneville. Portland General has dismissed its counterclaim against Bonneville and its estate that was pending in the Litigation. In exchange Portland has received a release from Bonneville and its estate of all claims and causes of action, including those asserted in the Litigation. The settlement is intended to resolve any and all claims and/or rights and interest of the parties against one another and related entities and individuals except for such restricted rights as PGHI will have as the owner of 2,000,000 shares of common stock of Bonneville. Furthermore the settlement has resulted in Thirty Million Six Hundred Twenty Thousand Five Hundred Forty Dollars ($30,620,540.00) of liabilities heretofore reflected on Bonneville's Balance Sheet being removed therefrom; and b) reduction of approximately Two Hundred Million Dollars ($200,000,000.00) from the amount of unbooked liabilities heretofore reflected in note 6 to the Balance Sheet. The settlement was conditioned upon approval by the United States District Court and the United States Bankruptcy Court. The Motion for Approval of the Settlement Agreement was heard by the United States Bankruptcy Court as scheduled on October 7, 1996, at which hearing the Bankruptcy Court approved the Motion. The United States District Court, based upon the Stipulated Motion of the parties on October 11, 1996, signed the Final Judgment and Order of Dismissal of Portland General from the Litigation. On December 2, 1996, the Trustee entered into a verbal settlement agreement with Westinghouse Electric ("Westinghouse"). Pursuant to the settlement, which was documented by formal settlement agreement dated December 3, 19962, Westinghouse agreed a) to pay $6,000,000.00 to Bonneville Pacific Corporation payable $3,000,000.00 not later than April 10, 1997 and $3,000,000.00 not later than April 10, 1998; and b) withdraw with prejudice its unsecured $6,000,000.00 subordinated claim. The Company and Westinghouse also agreed to jointly release one another from any and all claims or causes of action. The settlement is conditioned upon approval of the settlement by the United States District Court and the United States Bankruptcy Court. The Trustee's Motion for Approval of the Settlement has been filed and a hearing on the Motion is scheduled before the Bankruptcy Court on December 20, 1996. On December 10, 1996 the Trustee entered into a verbal settlement agreement with Calpine Corporation, a Defendant in an action severed from the main Litigation. Pursuant to the settlement, which is to be documented by formal settlement agreement, Calpine has agreed a) to pay to Bonneville Pacific the sum of $767,500.00; and b) to release and withdraw with prejudice its filed claims in the total amount of $3,057,969.60. The Company and Calpine also agreed to jointly release one another from any and all claims or causes of action. The settlement is conditioned upon approval of the settlement by the United States District Court and the United States Bankruptcy Court. Once the verbal settlement agreement has been reduced to a formal written settlement agreement, the Trustee will promptly file a Motion for Approval of the Settlement Agreement and schedule a hearing. On or about December 4, 1996 the Trustee entered into a formal settlement agreement with Jack & Nancy Dunlop. The settlement agreement provides for payment of $10,000.00 by Jack Dunlop and other consideration to Bonneville Pacific Corporation in exchange for a full release of any and all claims which the estate may have against Jack Dunlop. The settlement is conditioned upon approval of the settlement by the United States District Court and the United States Bankruptcy Court; the hearing on the motion has not yet been set. All litigation settlement recoveries actually received by the Company are subject to a contingency fee in favor of the law firm of Beus, Gilbert & Morrill, special litigation counsel for the Trustee. The "Legal Representation Agreement" between the Trustee and Beus, Gilbert & Morrill, which agreement sets forth the terms of the contingent fee arrangement, was approved by the Bankruptcy Court in 1992. Pursuant to the contingent fee agreement, Beus, Gilbert & Morrill would, after subtracting for litigation costs, be paid forty percent (40%) of any settlement or litigation recoveries received after trial commences, thirty-three percent (33%) of any settlement sums received after the litigation is filed but before trial commences, or, as the case may be, twenty percent (20%) of the settlement sum received if the settlement occurs before litigation is commenced ( in all instances less amounts paid to the Trustee's General Counsel, Cohne, Rappaport & Segal, P.C., for fees related to the Litigation). Any fees or costs to be paid to Beus, Gilbert & Morrill must first be allowed (approved) by the Bankruptcy Court upon application after notice and hearing. Beus, Gilbert & Morrill, on October 10, 1996, filed its Fifth Application for Allowance of Interim Fees seeking allowance of $10,678,397.33 in fees based upon (a) the Ten Million Dollar ($10,000,000.00) Fraser & Beatty settlement, (b) the Fifteen Million Dollar ($15,000,000.00) Kidder Peabody Settlement, (c) the Seven Million Dollar ($7,000,000.00) settlement sum paid by Piper Jaffray, (d) the One Million Dollar ($1,000,000.00) Hixson Settlement, and (e) miscellaneous other litigation recoveries which collectively for the period total less then One Million Dollars ($1,000,000.00). Beus, Gilbert & Morrill was also seeking, based upon its thirteenth interim cost application, reimbursement for litigation costs expended during the period from June 1, 1996 to September 30, 1996 which total $655,956.09. The United States Bankruptcy Court allowed the requested fees and costs at a hearing held on November, 4, 1996 and the estate paid such fees and costs (which totaled $11,334,353.42) to Beus, Gilbert & Morrill on or about November 5, 1996. A continued hearing was held by the Court on November 1, 1996 in one of the actions severed from the main Litigation concerning the Motion by Defendant William Cerutti for Summary Judgment (Segal v. Cerutti, United States District Court for the District of Utah, Case No. 92-CV-1115-J-C). At the hearing the Court made an oral ruling granting the Defendant's motion; the Trustee may file a motion to reconsider or appeal the Court's decision. Further hearings are scheduled in December in the Segal (Trustee) v. Ronald Yanke & Dinuba Energy severed litigation. In addition to the above described litigation matters, the Company continues in its business operations. Significant actions and events during November 1996 related to business matters are as follows: 1. The Trustee and his counsel continue to monitor the Company's 50% general partnership interest in NCA #1 owned through the Company's wholly owned subsidiary, Bonneville Nevada Corporation. NCA #1 is a Nevada general partnership that owns an 85-megawatt cogeneration project located near Las Vegas, Nevada. As previously reported, Nevada Power Company ("NPC") curtailed its purchases of electrical power from NCA #1 during significant portions of 1994 and 1995. The curtailments have continued during 1996. As previously reported, various appeals have been filed by the NCA #1 and NPC relative to NPC curtailment actions. The Trustee and his counsel continues to monitor these cases. Presently the project is awaiting oral argument before the Nevada Supreme Court relative to NPC's appeal of a lower court's decision not to enjoin arbitration of curtailment issues. Oral arguments on the appeal are expected to be heard in the Spring of 1997. Since January 1, 1996, curtailments of NCA #1 have continued but at significantly lower levels than during the same period in 1995. No NPC curtailments occurred during the reporting period. There is no assurance that this trend will continue. It is NCA #1's position that the curtailments are in possible violation of applicable curtailment protocols and possible breach of NCA #1's Power Purchase Contract with NPC. The Trustee will continue to monitor this situation. On June 7, 1995, NPC filed a petition with the Public Service Commission of Nevada ("PSCN") seeking to ratify its prior curtailment practices. NCA #1 filed an objection to this petition and the First Judicial District Court of the State of Nevada stayed further action on the petition pending resolution of collateral matters. On September 18, 1996 NPC has submitted a motion to clarify and limit the scope of the stay relative to other cogeneration facilities which may have a collateral effect upon the First Judicial District Court's prior rulings. NCA #1 has prepared its brief in opposition and the Trustee will also monitor this litigation. On September 27, 1996, NCA #1 was served with Findings and Notices of Violation ("NOV") issued by Region IX of the United States Environmental Protection Agency (the "EPA") for alleged violations of the Clean Air Act's Prevention of Significant Deterioration program applicable for the State of Nevada. Specifically, EPA alleges that NCA #1, contrary to applicable operating permits, failed to timely install "Best Available Control Technology" at the plant in the form of a selective catalytic reduction system to control NOx emissions. NCA #1 refutes these allegations. During the reporting period a follow-up meeting was held with EPA representatives. Some progress toward resolving the NOV was made and the EPA has requested additional information from the facility. On December 11, 1996, NCA #1 made a partnership distribution pursuant to which Bonneville Nevada received $4,480,000.00. During the reporting period, NCA#1 and NCA#2 (a related power project) have executed an amendment to the Project Credit Facilities which provides reduced interest rates and administrative burden. Analysis of Claims and Possible Distributions. Prepetition claims against the Bonneville Pacific bankruptcy estate total approximately two hundred million dollars in booked and unbooked liabilities (excluding any addition for possible post-petition interest). The exact amount of such claims (which include unfiled subordinated claims relating to the purchase or sale of the Company's stock and bonds for which a December 16, 1996 bar date has now been established) is still undetermined and the distribution priority for such claims is still being researched, investigated, litigated or negotiated by the Trustee and other parties in interest. On August 20, 1996 the Trustee filed a Motion for Establishment of a Supplementary Claims Bar Date seeking to set December 16, 1996 as the supplementary claims bar date by which all creditors of Bonneville who had not previously been adequately notified to file claims must complete and file a proof of claim with the Clerk of the Bankruptcy Court. The Trustee believes that most of the new claims which may be filed would relate to possible claims against Bonneville arising out of the purchase or sale of its securities. The Motion also sought approval of a form of notice to be sent to potential creditors, approval of a form proof of claim, approval of a procedure to identify potential claimants and a procedure for notice by publication. A hearing on the Motion was scheduled before the Bankruptcy Court on September 10, 1996. No objections to the Motion were filed and at the hearing the Court granted the Motion and signed an order establishing the supplementary claims bar deadline. Consequently, the Trustee is proceeding with the action authorized by the order granting the Motion. Pursuant to the Order Approving the Motion, notice has been sent to thousands of potential claimants and notice has been published in newspapers throughout the United States. Through November 30, 1996 approximately 1,700 new proofs of claim have been filed with the Bankruptcy Court. At this time it is not clear what post petition taxes for periods after April 30, 1995, if any, are owed by the Company.3 In an effort to resolve tax issues relating to the material litigation settlements which have occurred since May 1, 1996, the Trustee has filed with the Internal Revenue Service an application to change the Company's tax year from one ending on April 30th to one ending on December 31st. The Trustee desires to change the Company's tax year period (if changed the Company's present tax year would be from May 1, 1996 through December 31, 1996 and thereafter would be on a calendar year basis) in order to facilitate the filing of a plan of reorganization of the Company. By shortening the Companys tax year, the Trustee may be able to receive a prompt tax determination for the tax year ending December 31, 1996, which determination will facilitate any party in interest filing a plan of reorganization because the amount of tax owed by the Debtor, if any, should be quantified (See 11 U.S.C. Section 505). On December 4, 1996 the Trustee filed a Motion for Approval of the Trustee's Resolution of Intercompany Receivable and Payables by which certain debts allegedly due and owing by Bonneville Pacific Corporation to its wholly-owned subsidiaries and certain obligations of the - -------- 3 The Company's consolidated income tax returns for the tax year ending April 30, 1996 have not yet been filed but appropriate extensions have been obtained by the Company. subsidiaries due and owing to Bonneville Pacific pre-petition would be offset and any net payable to Bonneville Pacific would be converted to equity. A hearing on the motion is scheduled for December 20, 1996. In preparation for a plan of reorganization, the Trustee on behalf of the Company has made a decision to employ Hein + Associates, a national accounting firm, to prepare audited financial statements for Bonneville Pacific Corporation. An application seeking approval of the employment has been filed and hearing on the application is scheduled for December 20, 1996. At this time it is not known whether interest will ever be paid on any allowed unsecured claim because (a) it is not at all clear that the estate will possess sufficient funds to pay interest on any particular class of claims, and (b) the law concerning payment of interest to any particular class of claims is not clear and therefore, even if sufficient funds did exist, the issue of payment of interest (and the applicable rate of interest, if any) to any particular class of claims would have to be either consensually resolved in a plan of reorganization or would have to be adjudicated by a court of competent jurisdiction. No plan of reorganization negotiations which include the Trustee are now being conducted. However, in light of the settlements to date reached in the Litigation and in light of the December 16, 1996 supplementary claim deadline, the Company is now in the position to begin the process of formulating and proposing a plan of reorganization. Plan negotiations with creditors will not begin at the earliest for several weeks and it will be several months, if not substantially more, before any creditor with an allowed claim can anticipate receiving any distribution from the estate. For a discussion of some of the claims against the estate, see Section VII of the Trustee's Fourth Annual Report for the period from July 1, 1995 through June 30, 1996. Claims of the bondholders (debenture holders) may be subordinate in payment priority to the claims of banks and those creditors similarly situated. The Trustee is continuing with efforts to resolve claims against the estate and recently several claim objections have been filed and after hearing resolved in favor of the estate. The Trustee has employed the law firm of Weil, Gotshall & Manges, L.L.P., with its principal office in New York City, as Special Plan Counsel. The purpose of the employment includes, but is not limited to, advising the Trustee concerning tax issues and assisting the Trustee and his General Counsel concerning a plan of reorganization and issues relating thereto. Statement of Chapter 11 Trustee Roger G. Segal, Chapter 11 Trustee of the bankruptcy case of Bonneville Pacific Corporation, having been so appointed on June 12, 1992, hereby states that he has reviewed the following Monthly Financial Report and any attachments thereto and that, based on his review and the representations of officers and employees of the debtor, Bonneville Pacific Corporation, he believes that the information contained in the Monthly Financial Report and attachments is true and correct. However, neither Roger G. Segal, Chapter 11 Trustee, nor Neilson, Elggren, Durkin & Company, as accountants for Roger G. Segal, Chapter 11 Trustee, has had an opportunity to independently verify that the information contained in the following Monthly Financial Report and the attachments thereto is true and correct. DATED this 15th day of December 1996. --------------------------------------- Roger G. Segal, Chapter 11 Trustee -4- DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Cash Receipts and Disbursements Statement For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------ CASH RECONCILIATION 1. Beginning Cash Balance: 130,057,802.11 2. Cash Receipts: (See Page 2 of 2)105 237,767.80 3. Cash Disbursements: (See Page 2 of 2) (11,906,288.46) -------------- 4. Net Cash Flow: (11,668,520.66) 5. Ending Cash Balance: (to Form 2-C) $118,389,281.45 CASH ACCOUNT SUMMARY - ENDING BALANCES ACCOUNT AMOUNT FINANCIAL INSTITUTION PAYROLL ACCOUNT $1,014.06 FIRST SECURITY/BANK OF UTAH PAYROLL TAX ACCOUNT 352.72 KEY BANK OF UTAH GENERAL CORP CASH (107,409.77) KEY BANK OF UTAH CHPTR 11 TRUSTEE JOINT ACCT 4,083,456.90 (A) KEY BANK OF UTAH CHPTR 11 US TRUSTEE JT ACCT 0.00 (A) US BANK CHPTR 11 TRUSTEE - CD ACCT 10,838,290.64 (A) US BANK CHPTR 11 TRUSTEE - JNT CD 5,273,014.77 (A) KEY BANK OF UTAH CHPTR 11 TRUSTEE JOINT ACCT 5,151,590.83 (A) BANK ONE CHPTR 11 TRUSTEE JT SAVINGS 348,081.71(A) BANK ONE UNITED STATES TREASURY BONDS 92,609,028.79 BANK ONE PROCEEDS FROM ASSET SALES 3,967.52(A) KEY BANK OF UTAH KYOCERA MAINTENANCE RESERVE 187,893.28 KEY BANK OF UTAH -------------- $118,389,281.45 =============== (A) Accounts requiring signatures of both the US Trustee and Chapter 11 Trustee for disbursements. FORM 2-B Page 1 of 2 -4- DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Cash Receipts and Disbursements Statement For Period November 1 - November 30, 1996 - ----------------------------------------------------------------------------- CASH RECEIPTS JOURNALS BANK ACCOUNT TOTAL PAGE REF PAYROLL ACCOUNT $20,232.40 A PAYROLL TAX ACCOUNT 8,912.82 B GENERAL CORP CASH 81,352.46 C CHPTR 11 TRUSTEE JOINT ACCT 3,742,449.56 E CHPTR 11 US TRUSTEE JT ACCT 9,768.98 F CHPTR 11 TRUSTEE - CD ACCT 67,530.06 G CHPTR 11 TRUSTEE - JNT CD 64,606.27 H CHPTR 11 TRUSTEE JOINT ACCT 0.00 N/A CHPTR 11 TRUSTEE JT SAVINGS 1,351.80 I UNITED STATES TREASURY BONDS 0.00 N/A PROCEEDS FROM ASSET SALES 10.23 J KYOCERA MAINTENANCE RESERVE 11,817.19 K 4,008,031.77 LESS: ACCOUNT TRANSFERS (3,770,263.97) TOTAL CASH RECEIPTS $237,767.80 =========== CASH DISBURSEMENTS JOURNALS BANK ACCOUNT TOTAL PAGE REF PAYROLL ACCOUNT $20,265.78 A PAYROLL TAX ACCOUNT 8,917.39 B GENERAL CORP CASH 583,048.58 D CHPTR 11 TRUSTEE JOINT ACCT 43.51 E CHPTR 11 US TRUSTEE JT ACCT 15,064,277.17 F CHPTR 11 TRUSTEE - CD ACCT 0.00 G CHPTR 11 TRUSTEE - JNT CD 0.00 H CHPTR 11 TRUSTEE JOINT ACCT 0.00 N/A CHPTR 11 TRUSTEE JT SAVINGS 0.00 I UNITED STATES TREASURY BONDS 0.00 N/A PROCEEDS FROM ASSET SALES 0.00 J KYOCERA MAINTENANCE RESERVE 0.00 K 15,676,552.43 LESS: ACCOUNT TRANSFERS (3,770,263.97) TOTAL CASH DISBURSEMENTS $11,906,288.46 ============== FORM 2-B Page 2 of 2 DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Payroll Account For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------- CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/13/96 CK# 5976 BPC - GENERAL $10,269.81 PAYROLL TRANSFER 11/25/96 CK# 6003 BPC - GENERAL 9,962.59 PAYROLL TRANSFER TOTAL CASH RECEIPTS $20,232.40 ========== CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION 11/15/96 PAYROLL SUMMARY $10,269.81 11/30/96 PAYROLL SUMMARY 9,962.59 11/30/96 BNK STMT KEY BANK OF UTAH 33.38 SERVICE CHARGE TOTAL CASH DISBURSEMENTS $20,265.78 ========== Page 2 of 2 DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Payroll Tax Account For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------ CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/13/96 CK# 5977 BPC - GENERAL $4,536.18 PR TAX TRANSFER 11/25/96 CK# 6004 BPC - GENERAL 4,376.64 PR TAX TRANSFER --------- TOTAL CASH RECEIPTS $8,912.82 ========= CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION 11/13/96 CK# 1213 KEY BANK OF UTAH $3,765.72 FEDERAL TAX DEPOSIT 11/25/96 CK# 1214 KEY BANK OF UTAH 3,634.37 FEDERAL TAX DEPOSIT 11/25/96 CK# 1215 UTAH STATE TAX COMM. 1,512.73 STATE INCOME TAX 11/30/96 BNK STMT KEY BANK OF UTAH 4.57 SERVICE CHARGE TOTAL CASH DISBURSEMENTS $8,917.39 ========= DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 General Corp Cash For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------ CASH RECEIPTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION 11/22/96 DS112296 BANK OF AMERICA $10.00 ESOP FEE REFUND 11/22/96 DS112296 ERNST & YOUNG 26,764.00 FEE DISGORGEMENT 11/22/96 DS112296 KYOCERA AMERICA 50,322.94 ENERGY REVENUE-KYOCERA 11/22/96 DS112296 D. GARDINER 369.59 INSURANCE REIMBURSEMENT 11/22/96 DS112296 BONNEVILLE NEVADA 1,221.28 EXPENSE REIMBURSEMENT 11/22/96 DS112296 SAN DIEGO GAS/ELEC. 1,208.41 ENERGY REVENUE-KYOCERA 11/22/96 DS112296 C. MOWER 10.75 EXPENSE REIMBURSEMENT 11/30/96 BNK STMT KEY BANK OF UTAH 1,445.49 INTEREST INCOME TOTAL CASH RECEIPTS $81,352.46 =========== DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 General Corp Cash For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------ CASH DISBURSEMENTS JOURNAL
DATE CHECK # PAYEE AMOUNT DESCRIPTION 11/01/96 1005951 TUSCANY 250.00 EMPLOYEE PARTY DEPOSIT 11/01/96 1005952 ALPHA GRAPHICS 866.99 OFFICE SUPPLIES & EXPENSE 11/05/96 1005953 50 WEST BROADWAY ASSOC INC 12,413.00 RENT OFFICE SPACE & PARKING 11/05/06 1005954 AIRBORNE EXPRESS 33.18 EXPRESS MAIL EXPENSE 11/05/96 1005955 AMPCO SYSTEM PARKING 591.00 RENT - PARKING 11/05/96 1005956 BENEFICIAL LIFE INSURANCE 714.90 INSURANCE - LIFE 11/05/96 1005957 BONNEVILLE PACIFIC SERVICE 315.25 O&M EXPENSE - KYOCERA 11/05/96 1005958 BPC-KYOCERA MAINT RESERVE 11,195.00 TRANSFER - MAINT RESERVE ACCT 11/05/96 1005959 FIDELITY INVESTMENTS/NFSC 60.75 OFFICE SUPPLIES & EXPENSE 11/05/96 1005960 FRONTIER COMMUNICATIONS SR 725.43 TELEPHONE EXPENSE 11/05/96 1005961 INSTY PRINTS INC 83.31 OFFICE SUPPLIES & EXPENSE 11/05/06 1005962 MOUNT OLYMPUS WATER 34.70 OFFICE SUPPLIES & EXPENSE 11/05/96 1005963 PITNEY BOWES INC 160.78 OFFICE SUPPLIES & EXPENSE 11/05/96 1005964 PRINTELLIGENT INC 90.21 OFFICE SUPPLIES & EXPENSE 11/05/96 1005965 REDMAN VAN & STORAGE CO IN 84.87 RENT-STORAGE SPACE 11/05/96 1005966 UNUM LIFE INSURANCE CO OF 1,469.73 INSURANCE DISABILITY 11/05/96 1005967 WELLS FARGO BANK 1,483.38 401K TRUST FEES 11/05/96 1005968 GLASSER LEGAL WORKS SEMINAR 875.00 CONFERENCES AND SEMINARS 11/12/96 1005969 GENERATOR POWER SYSTEMS INC 16,016.9O O&M EXPENSE - KYOCERA 11/12/96 1005970 INSTY PRINTS INC 67.92 OFFICE SUPPLIES & EXPENSE 11/12/96 1005971 REDMAN VAN & STORAGE CO IN 532.81 RENT - STORAGE SPACE 11/12/96 1005972 SEDGWICK JAMES OF COLORADO 40.00 INSURANCE FIDELITY CHARGE 11/12/96 1005973 UNITED PARCEL SERVICE 16.34 EXPRESS MAIL EXPENSE 11/12/96 1005974 VOID VOID VOID 11/12/96 1005975 WEDBUSH MORGAN SECURITIES 128.10 OFFICE SUPPLIES & EXPENSE 11/13/96 1005976 BONNEVILLE PACIFIC/PAYROLL 10,269.81 TRANSFER - PAYROLL ACCT 11/13/96 1005977 BPC PAYROLL TAX ACCOUNT 4,536.18 TRANSFER - PAYROLL TAX ACCT 11/13/96 1005978 WELLS FARGO BANK 788.67 401K CONTRIBUTIONS 1005979 VOID VOID VOID 11/13/96 1005980 US TRUSTEE 5,000.00 3RD QUARTER TRUSTEE FEE 11/18/96 1005981 VOID VOID VOID 11/18/96 1005982 NATIONAL PASSPORT CENTER 85.00 OFFICE SUPPLIES & EXPENSE 11/18/96 1005983 ALPHA GRAPHICS 254.70 OFFICE SUPPLIES & EXPENSE 11/20/96 BANK STMT RECEIVER GENERAL FOR CANADA 38.68 BONNE MCKENZIE ANNUAL RPT 11/22/96 1005984 AIRBORNE EXPRESS 124.00 EXPRESS MAIL EXPENSE 11/22/96 1005985 A T & T 11.38 TELEPHONE EXPENSE 11/22/96 1005986 EXPRESS MESSENGER SYSTEMS 5.00 RUNNER SERVICES 11/22/96 1005987 MICRON ELECTRONICS INC 5,333.88 EQUIPMENT PURCHASE 11/22/96 1005988 MOUNT OLYMPUS WATER 45.31 OFFICE SUPPLIES & EXPENSE 11/22/96 1005989 MOUNTAIN STATES OFF PRODCT 152.82 OFFICE SUPPLIES & EXPENSE 11/22/96 1005990 CLARK MOWER 810.21 TRAVEL REIMBURSEMENT 11/22/96 1005991 NATIONAL INFORMATION DATA 36.90 OFFICE SUPPLIES & EXPENSE 11/22/96 1005992 THE PRUDENTIAL 948.97 INSURANCE -DISABILITY
D-1 DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 General Corp Cash For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------- CASH DISBURSEMENTS JOURNAL (CONT.)
DATE CHECK # PAYEE AMOUNT DESCRIPTION 11/22/96 1005993 PRUDENTIAL SECURITIES 110.50 OFFICE SUPPLIES & EXPENSE 11/22/96 1005994 SAN DIEGO GAS & ELECTRIC 101.26 O&M EXPENSE - KYOCERA 11/22/96 1005995 SECRETARY OF STATE-NEVADA 85.00 OFFICE SUPPLIES & EXPENSE 11/22/96 1005996 SMITH BARNEY PROXY DEPARTMENT 212.50 OFFICE SUPPLIES & EXPENSE 11/22/96 1005997 TRAVEL ZONE CRUISE ZONE 3,563.97 TRAVEL EXPENSE 11/22/96 1005998 BRENDA L. TRIMBLE 271.20 TRAVEL REIMBURSEMENT 11/22/96 1005999 UNUM LIFE INSURANCE CO OF 1,553.55 INSURANCE - DISABILITY 11/22/96 1006000 US WEST COMMUNICATIONS 896.15 TELEPHONE EXPENSE 11/22/96 1006001 WATERHOUSE SECURITIES INC 85.00 OFFICE SUPPLIES & EXPENSE 11/22/96 1006002 XEROX CORPORATION 464.34 OFFICE SUPPLIES & EXPENSE 11/25/96 1006003 BONNEVILLE PACIFIC/PAYROLL 9,962.59 TRANSFER - PAYROLL ACCT 11/25/96 1006004 BPC PAYROLL TAX ACCOUNT 4,376.64 TRANSFER - PAYROLL TAX ACCT 11/25/96 1006005 WELLS FARGO BANK 788.67 401K CONTRIBUTIONS 11/25/96 1006006 SEDGWICK JAMES OF COLORADO 7,135.00 INSURANCE - GENERAL LIABILITY 11/25/96 1006007 ROGER G. SEGAL 66,633.85 PROFESSIONAL FEES & COSTS 11/25/96 1006008 COHNE RAPPAPORT & SEGAL PC 239,203.12 PROFESSIONAL FEES & COSTS 11/25/96 1006009 NEILSON ELGGREN DURKIN 170,743.95 PROFESSIONAL FEES & COSTS 11/30/96 BANK STMT KEY BANK 170.19 INTEREST INCOME ------------ TOTAL CASH DISBURSEMENTS $583,048.58 ===========
D-2 DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Chapter 11 Trustee Joint Account For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------- CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/30/96 AJE1126 BONNEVILLE PACIFIC CORP $3,729,923.75 TRANSFER 11/30/96 BNK STMT KEY BANK OF UTAH 12,525.81 INTEREST INCOME TOTAL CASH RECEIPTS $3,742,449.56 ============= CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION 11/30/96 BANK STMT KEY BANK OF UTAH $43.51 BANK SERVICE CHARGE E DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Chapter 11 US Trustee Joint Account For Period November 1 - November 30, 1996 - ----------------------------------------------------------------------------- CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/30/96 BANK STMT US BANK $9,768.98 INTEREST INCOME CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION 11/30/96 AJE1125 BEUS GILBERT & MORRILL $11,334,353.42 PROFESSIONAL FEES PMT 11/30/96 AJE1126 BONNEVILLE PACIFIC CORP 3,729,923.75 TRANSFER TOTAL CASH DISBURSEMENTS $15,064,277.17 ============== F DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Chapter 11 Trustee - CD Account For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------ CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/30/96 AJE1107 US BANK $67,530.06 INTEREST INCOME CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION NONE G DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Chapter 11 Trustee JT - CD Account For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------ CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/30/96 AJE1106 KEY BANK $64,606.27 INTEREST INCOME CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION H DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Chapter 11 Trustee JT Savings For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------ CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/30/96 BANK STMT BANK ONE $1,351.80 INTEREST INCOME CASH DISBURSEMENTS JOURNAL DAT DOC # PAYEE AMOUNT DESCRIPTION NONE I DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Proceeds From Asset Sales For Period November 1 - November 30, 1996 - ----------------------------------------------------------------------------- CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/30/96 BANK STMT KEY BANK OF UTAH $10.23 INTEREST INCOME CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION NONE J DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Kyocera Maintenance Reserve For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------ CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/01/96 CK# 5958 BONNEVILLE PACIFIC CORP $11,195.00 TRANSFER 11/30/96 BNK STMT KEY BANK OF UTAH 622.19 INTEREST INCOME TOTAL CASH RECEIPTS $11,817.19 ========== CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION K DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Balance Sheet As of November 30, 1996 - ------------------------------------------------------------------------------ ASSETS Current Assets: Cash $118,389,281 Accounts receivable - trade 33,819 Accounts receivable - settlements (Note 4) 4,300,000 Accounts receivable - affiliates 280,838 Prepaid Insurance 48,747 Accrued interest receivable 1,217,379 ------------ Total current assets $124,270,064 Fixed Assets: Land 198,424 Equipment, furniture and fixtures 3,748,302 Total fixed assets 3,946,726 Less: Accumulated depreciation (2,937,990) Net fixed assets 1,008,736 Other Assets: Investment in and advances to subsidiaries and partnership 29,163,926 Other assets 1,820 Total other asset 29,165,746 TOTAL ASSETS $154,444,546 LIABILITIES Post-petition liabilities: Accounts payable - trade $ 30,486 Accounts payable - professional fees and costs (Note 4) 2,170,986 Accrued income taxes payable (Note 5) 1,172,656 Taxes payable 90,897 Accrued interest 0 ------------ Total post-petition liabilities $3,465,025 Pre-petition liabilities: Priority claims 61,186 Secured debt 0 Unsecured debt (Notes 1 and 3) 101,200,994 ------------ Total pre-petition liabilities 101,262,180 TOTAL LIABILITIES 104,727,205 Commitments and Contingent Liabilities (Note 3) OWNERS' EQUITY Capital stock or owners' investment 213,752 Paid-in-capital 121,590,029 Treasury stock (2,308,255) Retained earnings: Pre-petition (56,551,908) Post-petition (13,226,277) TOTAL OWNERS' EQUITY (Notes 1 and 3) 49,717,341 TOTAL LIABILITIES AND OWNERS' EQUITY $154,444,546 ============ Form 2-C DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Profit and Loss Statement For Period November 1 - November 30, 1996 - ---------------------------------------------------------------------------- Goss operating revenue $ 120,040 Less discount, returns and allowances 0 ---------- Net operating revenue $ 120,040 Cost of goods sold (113,204) Gross profit 6,836 Operating expenses: Salaries and wages 29,951 Rent and leases 12,263 Payroll taxes 1,491 Insurance 3,702 Other 10,732 ---------- Total operating expenses (58,139) ----------- Operating income (loss) (51,303) Legal and professional fees and costs (Note 4) 139,755 Depreciation, depletion and amortization 59,423 Interest expense 0 ---------- Total (199,178) Net operating income (loss) (250,481) Non-operating income and (expenses): Interest income 516,878 Other income 2,568 Gain on settlement of claims 9,065 Equity in earnings (losses) of subsidiaries and partnerships (Note 2) 242,182 ---------- Net non-operating income or (expenses) 770,693 --------- Net income (loss) before income taxes 520,212 Provision for income taxes (Note 5) 182,000 ----------- NET INCOME (LOSS) $ 338,212 =========== Form 2-D Page 1 of 3 DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 General Notes to Financial Statements For Period November 1 to November 30, 1996 - ------------------------------------------------------------------------------ 1. The Balance Sheet and Income Statement of Bonneville Pacific Corporation, included in the Monthly Financial Report, are prepared on the accrual basis. As a result, revenues are generally recorded when earned rather than when received and expenses are generally recognized when the obligation is incurred rather than when the expenses are paid. During bankruptcy accrued interest payable is recorded only on post petition debt and pre-petition secured debt to the extent that the underlying collateral equals or exceeds the outstanding principal plus the accrued interest payable. Specifically, prepetition unsecured debt does not include ------------------------------------------- any accrual of interest after December 5, 1991. These ---------------------------------------------- financial statements are prepared in a format required by the U.S. Bankruptcy Code. While every effort is made to comply with generally accepted accounting principles (GAAP), these financial statements may not comply with GAAP in all respects. Also see the narrative which is attached hereto. 2. Equity in earnings of subsidiaries and partnerships represents an accrual of the Company's share of earnings or losses of its operating subsidiaries and partnerships. These earnings are affected by a number of factors including seasonality, operating costs and operating efficiency. The operating entities which comprise these earnings include Bonneville Pacific Services Company, Bonneville Fuels Corporation, and Bonneville Nevada Corporation through its investment in the NCA #1 Partnership. 3. Unrecorded Liabilities and Potential Claims. Deeply subordinated claims $14,945,000 Subordinated CIGNA claim 10,000,000 Potential claims (estimated) 125,000,000 Deeply subordinated claims are court approved claims in which the creditor has agreed to be subordinated to all other claims. The subordinated CIGNA claim is an allowed claim on par with allowed equity claims. Potential claims are unrecorded claims pending trustee and or court approval. This estimated amount includes but is not limited to potential claims of limited partners, potential claims of equity holders, claims against Bonneville arising out of the purchase and subsequent sale of its securities, disputed claims, and accrued interest on certain claims, and potential administrative fees as may be allowed by the Bankruptcy Court. The recording of any of these liabilities and potential claims may reduce equity by a corresponding amount. See narrative for information concerning the December 16, 1996 supplemental claims bar deadline. Form 2-D Page 2 of 3 DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 General Notes to Financial Statements For Period November 1 to November 30, 1996 - ------------------------------------------------------------------------------ 4. Accounts Receivable Settlements represent only court approved settlements where all conditions precedent have occurred and the settlements were fully effective as of November 30, 1996 and are reflected on the November 30, 1996 Financial Statements. 5. As of April 30, 1995, Bonneville and Subsidiaries had approximately $124,000,000 in federal net operating loss carryforwards and approximately $114,000,000 in alternative minimum tax loss carryforwards for Federal Income Tax purposes. The April 30, 1996 tax return for Bonneville Pacific and Subsidiaries is currently being prepared by the Trustee's accountants. Although this tax return is not yet complete it is estimated that the tax return will show a federal net operating loss carryforward of approximately $100,000,000 for regular income tax purposes and an alternative minimum tax loss carryforward of approximately $90,000,000. Pursuant to current tax law, only 90 percent of current alternative minimum taxable income can be offset by alternative minimum tax loss carryforwards. The financial statements reflect the accrual of an estimated $2,300,000 alternative minimum tax liability resulting from operations and the receipt of proceeds from settlements. Form 2-D Page 3 of 3 BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Taxes Payable Schedule (Post-Petition) For Period November 1 to November 30, 1996 - -------------------------------------------------------------------------------
Beginning Payments Date Check Ending Balance Adjustments Additions Deposits Paid Numb. Balance Income tax withheld: Federal $ -0- $ $ (4,417.53) $2,241.28 11/13/96 1213 2,176.25 11/25/96 1214 $ -0- State -0- (1,512.73) 1,512.73 11/25/96 1215 -0- FICA tax withheld -0- (1,491.28) 762.22 11/13/96 1213 729.06 11/25/96 1214 -0- Employer's FICA tax -0- (1,491.28) 762.22 11/13/96 1213 729.06 11/25/96 1214 -0- Unemployment tax: Federal -0- -0- State -0- Sales, use & excise taxes -0- -0- Property taxes (88,680.00) (2,217.00) (90,897.00) Accrued income tax: Federal (1,167,399.00) (182,000.00) (1,349,399.00) State 176,743.00 176,743.00 Delaware franchise tax -0- -0- Employee withholding -0- (1,577.34) 788.67 11/13/96 1005978 -0- 788.67 11/25/96 1006005 --------------- ----------- ------------- __________ _________________ TOTALS $(1,079,336.00) $ -0- $(194,707.16) $ 10,490.16 $(1,263,553.00) ============== =========== ============== =========== ==============
9EBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Insurance Schedule For Period November 1 to November 30, 1996 - ------------------------------------------------------------------------------
Policy Amount of Expiration Premium Paid Carrier/Agent Coverage Date Thru Date Worker's Compensation Various State Funds Statutory $1,000,000 (A) 11/30/96 General Liability Travelers Insurance/ Sedgwick James 5,000,000 06/06/97 06/06/97 Vehicles Travelers Insurance/ [Hired/Non-owned] Sedgwick James 5,000,000 06/06/97 06/06/97 Property: Bonneville Pacific Federal Insurance Co./ Sedgwick James 735,000 08/17/96 08/17/97 Kyocera Federal/Hartford Steam/ Sedgwick James 5,352,879 08/17/96 08/17/97
(A) All workers compensation insurance policies are insured through various state insurance funds. As such, they continue in force as premiums are paid and have no policy expiration dates. DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Accounts Receivable and Payable Aging For Period November 1 to November 30, 1996 - ---------------------------------------------------------------------------- Non-Affiliate Accounts Accounts Receivable Payable Under 30 days $ 4,333,183 $ 1,924,558 30 to 60 days 17 0 61 to 90 days 3 0 Over 90 days 616 276,914 ----------- ----------- Total post-petition 4,333,819 2,201,472 Pre-petition amounts 0 3,937,435 ----------- ----------- Total accounts receivable $ 4,333,819 =========== Total accounts payable $ 6,138,907 =========== Affiliate Accounts Receivable Under 30 days $ 26,963 30 to 60 days 7,043 61 to 90 days 21,394 Over 90 days 225,438 ----------- Total post-petition affiliate accounts receivable $ 280,838 =========== (*) Accounts payable over 90 days past due primarily represents professional fees incurred prior to the Trustee's appointment currently being considered by the court for payment. Form 2-E Page 3 of 5 DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Schedule of Payments of Fees and Costs to Attorneys and Other Professionals For Period November 1 to November 30, 1996 - ------------------------------------------------------------------------------- Date of Court Estimated Amount Paid Approval Balance Due Counsel for Unsecured Creditors' Committee $0 $139,487 Court Appointed Trustee 66,634 25,762 (1) Trustee's Counsel 239,203 90,144 (1) Trustee's Accountants 170,744 37,939 Trustee's Special Plan Counse 0 130,000 Special Litigation Counsel for Trustee - Costs 655,956 195,801 Trustee - Fees 10,678,397 1,419,000 (2) Buccino and Associates 0 132,85 (3) Total $11,810,934 $2,170,986 ============ ========== (1) Includes only hourly rate and miscellaneous Trustee costs. Does not include any additional amounts that may be awarded by the court relating to 11 USC Section 326 or as an enhanced fee to either the Trustee or the Trustee's general counsel. (2) Includes an accrual for any contingent fees due as a result of court approved settlements or recoveries. Estimated contingent fees will be accrued when settlements are approved by the court and the accrual will be revised when fee applications are filed with the Bankruptcy Court. (3) Pursuant to Order dated October 15, 1996, the Court approved the application for certain costs in the amount of $60,297.24 of Buccino & Associates taken under advisement at a hearing held on August 11, 1992. Payment of the $60,297.24 was ordered but Buccino & Associates was paid an $80,000.00 pre-petition retainer, for which it may not have accounted and therefore the amount actually due and owing to Buccino & Associates is undetermined. Further information concerning settlements is contained in the narrative which is attached. Form 2-E Page 4 of 5 DEBTOR: BONNEVIllE PACIFIC CORPORATION Case No. 91A-27701 Schedule of Payments to Principal/Executives For Period November 1 to November 30, 1996 - ------------------------------------------------------------------------------- Payee Name Position Nature of Payment Amount Ralph F Cox Director Director fees -0- Calvin L Rampton Director Director fees -0- Clark M Mower President Salary 12,014.60 Expense Reimbursement 810.21 Form 2-E Page 6 of 6 DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Quarterly Fee Summary (1) Month Ended November 30, 1996 - ------------------------------------------------------------------------------ Cash Quarterly Payment Disbursement Fee Due Check No. Date January $1,328,436.60 February 250,804.29 March 2,301,171.04 ------------- Total 1st Quarter 3,880,411.93 $5,000.00 1005634 4/23/96 April 262,428.76 May 113,914.30 June 793,980.15 ------------- Total 2nd Quarter 1,170,323.21 3,750.00 1005783 7/25/96 July 4,435,215.07 August 1,092,955.09 September 3,406,763.83 ------------- Total 3rd Quarter 38,934,933.99 5,000.00 1005980 11/13/96 October 1,792,229.61 November 11,800,656.99 December ------------- Total 4th Quarter 13,592,886.60 (1) This summary is to reflect the current calendar year's information cumulative to the end of the current reporting period. DEBTOR BONNEVILLE PACIFIC CORPORATION DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Cash Receipts and Disbursements Statement For Period November 1 - November 30, 1996 - ----------------------------------------------------------------------------- CASH RECONCILIATION 1. Beginning Cash Balance: $130,057,802.11 2. Cash Receipts: (See Page 2 of 2)105 237,767.80 3. Cash Disbursements: (See Page 2 of 2) (11,906,288.46) 4. Net Cash Flow: (11,668,520.66 5. Ending Cash Balance: (to Form 2-C) $118,389,281.45 =============== CASH ACCOUNT SUMMARY - ENDING BALANCES ACCOUNT AMOUNT FINANCIAL INSTITUTION PAYROLL ACCOUNT $1,014.06 FIRST SECURITY BANK OF UTAH PAYROLL TAX ACCOUNT 352.72 KEY BANK OF UTAH GENERAL CORP CASH (107,409.77) KEY BANK OF UTAH CHPTR 11 TRUSTEE JOINT ACCT 4,083,456.90 (A) KEY BANK OF UTAH CHPTR 11 US TRUSTEE JT ACCT 0.00 (A) US BANK CHPTR 11 TRUSTEE - CD ACCT 10,838,290.64 (A) US BANK CHPTR 11 TRUSTEE - JNT CD 5,273,014.77 (A) KEY BANK OF UTAH CHPTR 11 TRUSTEE JOINT ACCT 5,151,590.83 (A) BANK ONE CHPTR 11 TRUSTEE JT SAVINGS 348,081.71 (A) BANK ONE UNITED STATES TREASURY BONDS 92,609,028.79 BANK ONE PROCEEDS FROM ASSET SALES 3,967.52 (A) KEY BANK OF UTAH KYOCERA MAINTENANCE RESERVE 187,893.28 (A) KEY BANK OF UTAH $118,389,281.45 =============== (A) Accounts requiring signatures of both the US Trustee and Chapter 11 Trustee for disbursements. FORM 2-B Page 1 of 2 DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Cash Receipts and Disbursements Statement For Period November 1 - November 30, 1996 - ----------------------------------------------------------------------------- CASH RECEIPTS JOURNALS BANK ACCOUNT TOTAL PAGE REF PAYROLL ACCOUNT $20,232.40 A PAYROLL TAX ACCOUNT 8,912.82 B GENERAL CORP CASH 81,352.46 C CHPTR 11 TRUSTEE JOINT ACCT 3,742,449.56 E CHPTR 11 US TRUSTEE JT ACCT 9,768.98 F CHPTR 11 TRUSTEE - CD ACCT 67,530.06 G CHPTR 11 TRUSTEE - JNT CD 64,606.27 H CHPTR 11 TRUSTEE JOINT ACCT 0.00 N/A CHPTR 11 TRUSTEE JT SAVINGS 1,351.80 I UNITED STATES TREASURY BONDS 0.00 N/A PROCEEDS FROM ASSET SALES 10.23 J KYOCERA MAINTENANCE RESERVE 11,817.19 K 4,008,031.77 LESS: ACCOUNT TRANSFERS (3,770,263.97) TOTAL CASH RECEIPTS $237,767.80 =========== CASH DISBURSEMENTS JOURNALS BANK ACCOUNT TOTAL PAGE REF PAYROLL ACCOUNT $20,265.78 A PAYROLL TAX ACCOUNT 8,917.39 B GENERAL CORP CASH 583,048.58 D CHPTR 11 TRUSTEE JOINT ACCT 43.51 E CHPTR 11 US TRUSTEE JT ACCT 15,064,277.17 F CHPTR 11 TRUSTEE - CD ACCT 0.00 G CHPTR 11 TRUSTEE - JNT CD 0.00 H CHPTR 11 TRUSTEE JOINT ACCT 0.00 N/A CHPTR 11 TRUSTEE JT SAVINGS 0.00 I UNITED STATES TREASURY BONDS 0.00 N/A PROCEEDS FROM ASSET SALES 0.00 J KYOCERA MAINTENANCE RESERVE 0.00 K 15,676,552.43 LESS: ACCOUNT TRANSFERS (3,770,263.97) TOTAL CASH DISBURSEMENTS $11,906,288.46 FORM 2-B Page 2 of 2 DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Payroll Account For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------- CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/13/96 CK# 5976 BPC - GENERAL $10,269.81 PAYROLL TRANSFER 11/25/96 CK# 6003 BPC - GENERAL 9,962.59 PAYROLL TRANSFER TOTAL CASH RECEIPTS $20,232.40 ========== CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION 11/15/96 PAYROLL SUMMARY $10,269.81 11/30/96 PAYROLL SUMMARY 9,962.59 11/30/96 BNK STMT KEY BANK OF UTAH 33.38 SERVICE CHARGE TOTAL CASH DISBURSEMENTS $20,265.78 ========== DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Payroll Tax Account For Period November 1 - November 30, 1996 - ----------------------------------------------------------------------------- CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/13/96 CK# 5977 BPC - GENERAL $4,536.18 PR TAX TRANSFER 11/25/96 CK# 6004 BPC - GENERAL 4,376.64 PR TAX TRANSFER TOTAL CASH RECEIPTS $8,912.82 ========= CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION 11/13/96 CK# 1213 KEY BANK OF UTAH $3,765.72 FEDERAL TAX DEPOSIT 11/25/96 CK# 1214 KEY BANK OF UTAH 3,634.37 FEDERAL TAX DEPOSIT 11/25/96 CK# 1215 UTAH STATE TAX COMMISSION 1,512.73 STATE INCOME TAX 11/30/96 BNK STMT KEY BANK OF UTAH 4.57 SERVICE CHARGE TOTAL CASH DISBURSEMENTS $8,917.39 ========= DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 General Corp Cash For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------ CASH RECEIPTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION 11/22/96 DS112296 BANK OF AMERICA $10.00 ESOP FEE REFUND 11/22/96 DS112296 ERNST & YOUNG 26,764.00 FEE DISGORGEMENT 11/22/96 DS112296 KYOCERA AMERICA 50,322.94 ENERGY REVENUE-KYOCERA 11/22/96 DS112296 D. GARDINER 369.59 INSURANCE REIMBURSEMENT 11/22/96 DS112296 BONNEVILLE NEVADA 1,221.28 EXPENSE REIMBURSEMENT 11/22/96 DS112296 SAN DIEGO GAS & ELECTRIC 1,208.41 ENERGY REVENUE-KYOCERA 11/22/96 DS112296 C. MOWER 10.75 EXPENSE REIMBURSEMENT 11/30/96 BNK STMT KEY BANK OF UTAH 1,445.49 INTEREST INCOME TOTAL CASH RECEIPTS $81,352.46 ========== DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 General Corp Cash For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------- CASH DISBURSEMENTS JOURNAL
DATE CHECK # PAYEE AMOUNT DESCRIPTION 11/01/96 1005951 TUSCANY 250.00 EMPLOYEE PARTY DEPOSIT 11/01/96 1005952 ALPHA GRAPHICS 866.99 OFFICE SUPPLIES & EXPENSE 11/05/96 1005953 50 WEST BROADWAY ASSOC INC 12,413.00 RENT OFFICE SPACE & PARKING 11/05/06 1005954 AIRBORNE EXPRESS 33.18 EXPRESS MAIL EXPENSE 11/05/96 1005955 AMPCO SYSTEM PARKING 591.00 RENT - PARKING 11/05/96 1005956 BENEFICIAL LIFE INSURANCE 714.90 INSURANCE - LIFE 11/05/96 1005957 BONNEVILLE PACIFIC SERVICE 315.25 O&M EXPENSE - KYOCERA 11/05/96 1005958 BPC-KYOCERA MAINT RESERVE 11,195.00 TRANSFER - MAINT RESERVE ACCT 11/05/96 1005959 FIDELITY INVESTMENTS/NFSC 60.75 OFFICE SUPPLIES & EXPENSE 11/05/96 1005960 FRONTIER COMMUNICATIONS SR 725.43 TELEPHONE EXPENSE 11/05/96 1005961 INSTY PRINTS INC 83.31 OFFICE SUPPLIES & EXPENSE 11/05/06 1005962 MOUNT OLYMPUS WATER 34.70 OFFICE SUPPLIES & EXPENSE 11/05/96 1005963 PITNEY BOWES INC 160.78 OFFICE SUPPLIES & EXPENSE 11/05/96 1005964 PRINTELLIGENT INC 90.21 OFFICE SUPPLIES & EXPENSE 11/05/96 1005965 REDMAN VAN & STORAGE CO IN 84.87 RENT-STORAGE SPACE 11/05/96 1005966 UNUM LIFE INSURANCE CO OF 1,469.73 INSURANCE DISABILITY 11/05/96 1005967 WELLS FARGO BANK 1,483.38 401K TRUST FEES 11/05/96 1005968 GLASSER LEGAL WORKS SEMINAR 875.00 CONFERENCES AND SEMINARS 11/12/96 1005969 GENERATOR POWER SYSTEMS INC 16,016.94 O&M EXPENSE - KYOCERA 11/12/96 1005970 INSTY PRINTS INC 67.92 OFFICE SUPPLIES & EXPENSE 11/12/96 1005971 REDMAN VAN & STORAGE CO IN 532.81 RENT - STORAGE SPACE 11/12/96 1005972 SEDGWICK JAMES OF COLORADO 40.00 INSURANCE FIDELITY CHARGE 11/12/96 1005973 UNITED PARCEL SERVICE 16.34 EXPRESS MAIL EXPENSE 11/12/96 1005974 VOID VOID VOID 11/12/96 1005975 WEDBUSH MORGAN SECURITIES 128.10 OFFICE SUPPLIES & EXPENSE 11/13/96 1005976 BONNEVILLE PACIFIC/PAYROLL 10,269.81 TRANSFER - PAYROLL ACCT 11/13/96 1005977 BPC PAYROLL TAX ACCOUNT 4,536.18 TRANSFER - PAYROLL TAX ACCT 11/13/96 1005978 WELLS FARGO BANK 788.67 401K CONTRIBUTIONS 1005979 VOID VOID VOID 11/13/96 1005980 US TRUSTEE 5,000.00 3RD QUARTER TRUSTEE FEE 11/18/96 1005981 VOID VOID VOID 11/18/96 1005982 NATIONAL PASSPORT CENTER 85.00 OFFICE SUPPLIES & EXPENSE 11/18/96 1005983 ALPHA GRAPHICS 254.70 OFFICE SUPPLIES & EXPENSE 11/20/96 BANK STMT RECEIVER GENERAL FOR CANADA 38.68 BONNE MCKENZIE ANNUAL RPT 11/22/96 1005984 AIRBORNE EXPRESS 124.00 EXPRESS MAIL EXPENSE 11/22/96 1005985 A T & T 11.38 TELEPHONE EXPENSE 11/22/96 1005986 EXPRESS MESSENGER SYSTEMS 5.00 RUNNER SERVICES 11/22/96 1005987 MICRON ELECTRONICS INC 5,333.88 EQUIPMENT PURCHASE 11/22/96 1005988 MOUNT OLYMPUS WATER 45.31 OFFICE SUPPLIES & EXPENSE 11/22/96 1005989 MOUNTAIN STATES OFF PRODCT 152.82 OFFICE SUPPLIES & EXPENSE 11/22/96 1005990 CLARK MOWER 810.21 TRAVEL REIMBURSEMENT 11/22/96 1005991 NATIONAL INFORMATION DATA 36.90 OFFICE SUPPLIES & EXPENSE 11/22/96 1005992 THE PRUDENTIAL 948.97 INSURANCE - DISABILITY D-1
DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 General Corp Cash For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------ CASH DISBURSEMENTS JOURNAL (CONT.) DATE CHECK # PAYEE AMOUNT DESCRIPTION 11/22/96 1005993 PRUDENTIAL SECURITIES 110.50 OFFICE SUPPLIES/EXPENSE 11/22/96 1005994 SAN DIEGO GAS & ELECTRIC 101.26 O&M EXPENSE - KYOCERA 11/22/96 1005995 SECRETARY OF STATE-NEVADA 85.00 OFFICE SUPPLIES/EXPENSE 11/22/96 1005996 SMITH BARNEY PROXY DEPARTMENT 212.50 OFFICE SUPPLIES/EXPENSE 11/22/96 1005997 TRAVEL ZONE CRUISE ZONE 3,563.97 TRAVEL EXPENSE 11/22/96 1005998 BRENDA L. TRIMBLE 271.20 TRAVEL REIMBURSEMENT 11/22/96 1005999 UNUM LIFE INSURANCE CO OF 1,553.55 INSURANCE - DISABILITY 11/22/96 1006000 US WEST COMMUNICATIONS 896.15 TELEPHONE EXPENSE 11/22/96 1006001 WATERHOUSE SECURITIES INC 85.00 OFFICE SUPPLIES/EXPENSE 11/22/96 1006002 XEROX CORPORATION 464.34 OFFICE SUPPLIES/EXPENSE 11/25/96 1006003 BONNEVILLE PACIFIC/PAYROLL 9,962.59 TRANSFER - PAYROLL ACCT 11/25/96 1006004 BPC PAYROLL TAX ACCOUNT 4,376.64 TRANS.-PAYROLL TAX ACCT 11/25/96 1006005 WELLS FARGO BANK 788.67 401K CONTRIBUTIONS 11/25/96 1006006 SEDGWICK JAMES OF COLORADO 7,135.00 INSURANCE-GENERAL LIAB. 11/25/96 1006007 ROGER G. SEGAL 66,633.85 PROFESSIONAL FEES/COSTS 11/25/96 1006008 COHNE RAPPAPORT & SEGAL 239,203.12 PROFESSIONAL FEES/COSTS 11/25/96 1006009 NEILSON ELGGREN DURKIN 170,743.95 PROFESSIONAL FEES/COSTS 11/30/96 BANK STMT KEY BANK 170.19 INTEREST INCOME TOTAL CASH DISBURSEMENTS $583,048.58 =========== D-2 DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Chapter 11 Trustee Joint Account For Period November 1 - November 30, 1996 - ---------------------------------------------------------------------------- CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/30/96 AJE1126 BONNEVILLE PACIFIC CORP $3,729,923.75 TRANSFER 11/30/96 BNK STMT KEY BANK OF UTAH 12,525.81 INTEREST INCOME TOTAL CASH RECEIPTS $3,742,449.56 ============= CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION 11/30/96 BANK STMT KEY BANK OF UTAH $43.51 BANK SERVICE CHARGE E DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Chapter 11 US Trustee Joint Account For Period November 1 - November 30, 1996 - -------------------------------------------------------------------------- CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/30/96 BANK STMT US BANK $9,768.98 INTEREST INCOME CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION 11/30/96 AJE1125 BEUS GILBERT & MORRILL $11,334,353.42 PROF. FEES PMT 11/30/96 AJE1126 BONNEVILLE PACIFIC CORP 3,729,923.75 TRANSFER TOTAL CASH DISBURSEMENTS $15,064,277.17 ============== F DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Chapter 11 Trustee - CD Account For Period November 1 - November 30, 1996 - --------------------------------------------------------------------------- CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/30/96 AJE1107 US BANK $67,530.06 INTEREST INCOME CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION NONE G DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Chapter 11 Trustee JT - CD Account For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------- CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/30/96 AJE1106 KEY BANK $64,606.27 INTEREST INCOME CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION H DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Chapter 11 Trustee JT Savings For Period November 1 - November 30, 1996 - ------------------------------------------------------------------------------ CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/30/96 BANK STMT BANK ONE $1,351.80 INTEREST INCOME CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION NONE I DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Proceeds From Asset Sales For Period November 1 - November 30, 1996 - --------------------------------------------------------------------------- CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/30/96 BANK STMT KEY BANK OF UTAH $10.23 INTEREST INCOME CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION NONE J DEBTOR: BONNEVILLE PACIFIC CORPORATION Case No. 91A-27701 Kyocera Maintenance Reserve For Period November 1 - November 30, 1996 - ----------------------------------------------------------------------------- CASH RECEIPTS JOURNAL DATE DOC # PAYOR AMOUNT DESCRIPTION 11/01/96 CK# 5958 BONNEVILLE PACIFIC CORP $11,195.00 TRANSFER 11/30/96 BNK STMT KEY BANK OF UTAH 622.19 INTEREST INCOME TOTAL CASH RECEIPTS $11,817.19 ========== CASH DISBURSEMENTS JOURNAL DATE DOC # PAYEE AMOUNT DESCRIPTION NONE K -----END PRIVACY-ENHANCED MESSAGE-----