File No. 70-10047
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
AMENDMENT NO. 3
TO
FORM U-1
CERTIFICATE OF WITHDRAWAL
OF
APPLICATION AND/OR DECLARATION UNDER
THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
* * *
PG&E CORPORATION
One Market, Spear Tower, Suite 2400
San Francisco, California 94105
PACIFIC GAS AND ELECTRIC COMPANY
77 Beale Street, 32nd Floor
San Francisco, California 94105
NEWCO ENERGY CORPORATION
77 Beale Street, 32nd Floor
San Francisco, California 94105
ELECTRIC GENERATION LLC
77 Beale Street, 32nd Floor
San Francisco, California 94105
(Name of companies filing this statement and addresses of principal executive offices)
*.* *
PG&E CORPORATION
One Market, Spear Tower, Suite 2400
San Francisco, California 94105
(Name of top registered holding company parent of each applicant or declarant)
* * *
The Commission is requested to send copies of all notices, orders, and communications in connection with this Application to:
| Gary Encinas PG&E Corporation 1 Market, Spear Tower, Suite 400 San Francisco, California 94105
Gary Encinas Newco Energy Corporation 77 Beale Street San Francisco, California 94105
Gary Encinas Electric Generation LLC 77 Beale Street San Francisco, California 94105 |
Joshua Bar-Lev Pacific Gas And Electric Company 77 Beale Street San Francisco, California 94105
Steven R. Loeshelle Dewey Ballantine LLP 1301 Avenue of the Americas New York, New York 10019-6092
Earle H. O’Donnell Dewey Ballantine LLP 1775 Pennsylvania Avenue, N.W. Washington, DC 20006-4605 |
(Name and address of agents for service)
PG&E Corporation (“Parent”), its subsidiary, Pacific Gas and Electric Company (“PG&E”), PG&E’s subsidiary, Newco Energy Corporation (“Newco”), and Newco’s subsidiary, Electric Generation LLC (collectively, “Applicants”), hereby amend their Application and/or Declaration on Form U-1 in the above-referenced proceeding, heretofore filed with the Commission on January 31, 2002 and subsequently amended on June 4, 2002 and June 24, 2003, by withdrawing the Application and/or Declaration in its entirety.
Pursuant to a settlement agreement with respect to PG&E’s bankruptcy case entered into between PG&E and the Staff of the California Public Utilities Commission (“CPUC”) and approved by the CPUC (“Settlement Agreement”), a new plan of reorganization for PG&E (“Settlement Plan”) was filed with the Bankruptcy Court for the Northern District of California, which confirmed it in December 2003. The Settlement Agreement provides that as of the effective date (“Effective Date”) of the Settlement Plan, PG&E will withdraw all applications previously filed with this Commission, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission and elsewhere in connection with the PG&E Plan. The various conditions and requirements for the occurrence of the Effective Date have now been met. Accordingly, in conformance with the Settlement Agreement, Applicants are filing this Certificate of Withdrawal of their Application and/or Declaration on Form U-1 in this proceeding, pursuant to PG&E’s obligation under the Settlement Agreement, in order to terminate this proceeding on the ground that the proceeding is moot.
SIGNATURE
Pursuant to the requirements of the Public Utility Holding Company Act of 1935, the undersigned companies have duly caused this statement to be signed on their behalf by the undersigned thereunto duly authorized.
| /s/ BRUCE R. WORTHINGTON |
| Bruce R. Worthington |
| Senior Vice President and General Counsel |
| PG&E Corporation |
| /s/ BRUCE R. WORTHINGTON |
| Bruce R. Worthington |
| President and Treasurer |
| Newco Energy Corporation |
| /s/ KENT M. HARVEY |
| Kent M. Harvey |
| Senior Vice President – Chief Financial Officer and Treasurer |
| Pacific Gas and Electric Company |
| /s/ BRUCE R. WORTHINGTON |
| Bruce R. Worthington |
| President and Treasurer |
| Electric Generation LLC |
Dated: April 13, 2004
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