District

Industry Briefs

NewPower Holdings Inc. said Judge W. Homer Drake Jr. of the U.S. Bankruptcy Court for the Northern District of Georgia, Newnan Division, has confirmed its Chapter 11 plan as it applies to subsidiary The New Power Company, and the company expects the court to issue its order in the next several days. Ten days following the order, NewPower will begin paying the allowed pre-petition claims of its creditors. Creditors will receive distributions totaling $8.1 million, representing payment in full of allowed claims plus interest from June 11, 2002, the date the company and its subsidiaries filed voluntary petitions under Chapter 11. NewPower will transfer any cash remaining after such payment to TNPC Holdings, Inc. in satisfaction of all intercompany debt outstanding between them.

February 20, 2003

Court Rejects FERC Decision on PG&E-GT IT Capacity Allocation

The U.S. Court of Appeals for the District of Columbia Circuit Tuesday overturned and remanded a FERC decision which prohibited allocation of interruptible capacity on PG&E Gas Transmission, Northwest based on the total revenue deriving from a bid, saying the Commission failed to explain why it was departing from its own precedents.

January 22, 2003

Andersen’s Sentence, Fine Harshest Allowed Under Law

U.S. District Judge Melinda Harmon handed Arthur Andersen LLP the maximum sentence in Houston on Wednesday — five years probation and a $500,000 fine — for obstructing justice in its handling of Enron Corp.-related documents that stymied a federal investigation of the company’s finances. Although it seemed minuscule when compared to the substantial market damage caused by the Enron scandal, the punishment was the harshest allowed under law. Andersen attorneys said they would appeal.

October 21, 2002

Andersen’s Sentence, Fine Harshest Allowed Under Law

U.S. District Judge Melinda Harmon handed Arthur Andersen LLP the maximum sentence in Houston on Wednesday — five years probation and a $500,000 fine — for obstructing justice in its handling of Enron Corp.-related documents that stymied a federal investigation of the company’s finances. Although it seemed minuscule when compared to the substantial market damage caused by the Enron scandal, the punishment was the harshest allowed under law. Andersen attorneys said they would appeal.

October 17, 2002

Federal Court Upholds FERC’s Offshore Pipeline Decision

The US Court of Appeals for the District of Columbia Circuit upheld FERC’s decision in the Sea Robin Pipeline case, in which the Commission reformulated its test for determining whether a pipeline in the Gulf of Mexico is a nonjurisdictional gathering line or a jurisdictional transmission system. ExxonMobil Gas Marketing had filed an appeal of FERC’s determination that a portion of the 438-mile, 1.3 Bcf/d Sea Robin Pipeline system upstream of the Vermilion 149 station is nonjurisdictional gathering.

August 7, 2002

Transportation Notes

Northwest said it has determined that pipeline anomaly digs in the Vernal district will be completed Friday (July 26). As a result, it will end the Notice of Deficiency Period effective with Saturday’s gas day and will reset the Moab (UT) Compressor Station to its southbound design capacity of 358,000 Dth /d. Northwest previously had expected the Vernal work and related flow restrictions to last through Aug. 8 (see Daily GPI, June 25).

July 26, 2002

Transportation Notes

Northwest said it has determined that pipeline anomaly digs in the Vernal district will be completed Friday (July 26). As a result, it will end the Notice of Deficiency Period effective with Saturday’s gas day and will reset the Moab (UT) Compressor Station to its southbound design capacity of 358,000 Dth /d. Northwest previously had expected the Vernal work and related flow restrictions to last through Aug. 8 (see Daily GPI, June 25).

July 26, 2002

U.S. Court Rules FERC Overreached in ISO Orders

In a clear rebuke to FERC, the U.S. Court of Appeals for the District of Columbia Circuit on Friday ruled the Commission went too far in an order that restricted certain rights of electric utilities involved in an independent system operator (ISO), and violated the Mobile Sierra doctrine in unilaterally requiring reformation of pre-existing wholesale power contracts.

July 15, 2002

Appellate Court Upholds Most of FERC’s Order 637

The U.S. Court of Appeals for the District of Columbia Circuit on Friday upheld much of the Federal Energy Regulatory Commission’s mammoth and hotly contested Order 637, which removed prices caps in the short-term capacity release market on a two-year experimental basis.

April 8, 2002

SEC Wants Enron Interim CEO Cooper Ousted

In an unexpected twist, the SEC on Friday asked the U.S. Bankruptcy Court for the Southern District of New York to reject Enron Corp.’s hiring of Stephen F. Cooper as CEO, calling the terms of his million dollar contract and bonus guarantee inappropriate. Enron wants court approval to hire the bankruptcy specialist as an independent contractor as interim CEO and chief restructuring officer with an annual salary of $1.32 million a year and a bonus of at least $5 million once the restructuring is completed.

March 11, 2002