Pacific Gas & Electric Co. v. California Public Utilities Commission (In Re Pacific Gas & Electric Co.)

MEMORANDUM DECISION ON APPLICATION FOR PRELIMINARY INJUNCTION, MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

DENNIS MONTALI, Bankruptcy Judge.

I. Introduction

In the midst of an unprecedented energy crisis in California, one of the largest public utilities in the country, reportedly hemorrhaging billions of dollars in operating losses, has sought relief under the Bankruptcy Code. 1 Even the most experi- eneed bankruptcy observers no doubt considered such a step unthinkable just a few months ago. Now that utility — Pacific Gas and Electric Company (“PG & E”)— has called upon this court to…