3215135v2
OCTOBER 20, 2022
CLOSED SESSION REPORT OF FINAL ACTION
Date of Meeting: Thursday, October 20, 2022
Litigation Negotiations
NAME OF ACTION:
In re: PG&E Corporation, and Pacific Gas and Electric Company United States Bankruptcy Court, Northern District of California, San Francisco Division, Bankruptcy Case No. 19-30088 (DM)
This matter is listed as Item No. 1(f) on the Closed Session Agenda:
The council authorized settlement in the amount of $129,873.89
FACTS/ISSUES:
On January 29, 2019, PG&E Corporation (“PG&E Corp.”) and Pacific Gas & Electric Company (the “Utility”) (together the “Debtors”) filed Chapter 11 petitions in U.S. Bankruptcy Court for the Northern District of California, San Francisco Division. On October 21, 2019, the City timely filed a general unsecured claim against the Utility (“City Claim”).
The City Claim is comprised of several components, including 1) claims for mone y owed for services that the Department of Transportation (“DOT”) and the Oakland Police Department (“OPD”) provided to the Utility, 2) claims for unpaid Planning & Building Department permit fees, and 3) contingent claims for indemnity and contribution da mages against the Utility arising from the Utility’s alleged negligence and misconduct in six personal injury litigation cases filed against the City and the Utility as co -defendants before the Debtors filed the Chapter 11 petition.
The cases in this third category are considered contingent because liability has not yet been determined.
The DOT claim has been paid in full. The proposed settlement allows the City to collect $129,873.89 owed for the OPD claim in exchange for a release of any further claims in the Bankruptcy. The City has determined that the settlement is in the best interest of the City.
Motion Made by: Councilmember Taylor
Motion Seconded by: Councilmember Kalb
AYES: Fife, Gallo, Kalb, Kaplan, Reid, Taylor, Thao and President Fortunato Bas= 8 NOES: Fife, Gallo, Kalb, Kaplan, Reid, Taylor, Thao and President Fortunato Bas= ABSENT: Fife, Gallo, Kalb, Kaplan, Reid, Taylor, Thao and President Fortunato Bas= ABSTENTIONS: Fife, Gallo, Kalb, Kaplan, Reid, Taylor, Thao and President Fortunato Bas=