Case BLS Doc 316 Filed 03/26/18 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Transcription

1 Case BLS Doc 316 Filed 03/26/18 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE x In re: : Chapter 11 : ExGen Texas Power, LLC, et al., 1 : Case No (BLS) : Debtors. : (Jointly Administered) : x NOTICE OF AGENDA OF MATTERS SCHEDULED FOR HEARING ON MARCH 28, 2018 AT 1:30 P.M. (ET) 2 I. RESOLVED MATTERS: 1. Debtors Motion to Extend the Exclusive Periods During Which the Debtors May File a Chapter 11 Plan and Solicit Acceptances Thereof [Docket No filed March 7, Objection/Response Deadline: Objections/Responses Received: March 21, 2018 at 4:00 p.m. (ET) None Related Documents: i. Certificate of No Objection Regarding Debtors Motion to Extend the Exclusive Periods During Which the Debtors May File a Chapter 11 Plan and Solicit Acceptances Thereof [Docket No filed March 22, ii. Order Extending the Exclusive Periods During Which the Debtors May File a Chapter 11 Plan and Solicit Acceptances Thereof [Docket No entered March 23, 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, are: ExGen Texas Power, LLC (4129), ExGen Texas Power Holdings, LLC (2209), Wolf Hollow I Power, LLC (6945), Colorado Bend I Power, LLC (9083), Handley Power, LLC (4091), Mountain Creek Power, LLC (6288), and LaPorte Power, LLC (5101). The mailing address of each of the Debtors, solely for purposes of notices and communications, is: 1310 Point Street, Baltimore, MD The hearing will be held before The Honorable Brendan L. Shannon at the United States Bankruptcy Court for the District of Delaware, 824 North Market Street, 6th Floor, Courtroom 1, Wilmington, Delaware Any person who wishes to appear telephonically at the March 28, 2018 hearing must contact COURTCALL, LLC at prior to 12:00 p.m. (noon) (ET) on Tuesday, March 27, 2018 to register his/her telephonic appearance in accordance with the Instructions for Telephonic Appearances Effective January 5, 2005, Revised April 27, All motions and other pleadings referenced herein are available online at the following address:

2 Case BLS Doc 316 Filed 03/26/18 Page 2 of 6 Status: On March 23, 2018, the Court entered an order granting the relief requested. Accordingly, a hearing regarding this matter is not required. 2. Debtors Motion to Extend the Time to Assume or Reject Unexpired Leases of Nonresidential Real Property Pursuant to 11 U.S.C. 365(d)(4) [Docket No filed March 7, Objection/Response Deadline: Objections/Responses Received: March 21, 2018 at 4:00 p.m. (ET) None Related Documents: i. Certificate of No Objection Regarding Debtors Motion to Extend Time to Assume or Reject Unexpired Leases of Nonresidential Real Property Pursuant to 11 U.S.C. 365(d)(4) [Docket No filed March 22, ii. Order Extending the Time to Assume or Reject Unexpired Leases of Nonresidential Real Property [Docket No entered March 23, Status: On March 23, 2018, the Court entered an order granting the relief requested. Accordingly, a hearing regarding this matter is not required. II. CONFIRMATION: 3. Joint Plan of Reorganization for ExGen Texas Power, LLC, ExGen Texas Power Holdings, LLC, Wolf Hollow I Power, LLC, Colorado Bend I Power, LLC, Handley Power, LLC, Mountain Creek Power, LLC, and LaPorte Power, LLC under Chapter 11 of the Bankruptcy Code (Modified Version) [Docket No filed March 26, Objection/Response Deadline: March 16, 2018 at 4:00 p.m. (ET), extended to March 20, 2018 at 4:00 p.m. (ET) for the Office of the United States Trustee for the District of Delaware Objections/Responses Received: A. Limited Objection to Debtors Chapter 11 Plan of Reorganization [Docket No filed March 12, B. Enterprise Texas Pipeline LLC s Limited Objection to Debtors Plan of Reorganization and Assumption of Contracts [Docket No filed March 14, C. Texas Comptroller of Public Accounts Objection to Confirmation [Docket No filed March 16, 2

3 Case BLS Doc 316 Filed 03/26/18 Page 3 of 6 D. Objection of the United States Trustee to Confirmation of the Debtors Joint Chapter 11 Plan [Docket No filed March 20, (the U.S. Trustee Objection ) E. Exelon Generation Company, LLC s Statement in Support of Confirmation of Debtors Joint Plan of Reorganization [Docket No filed March 26, F. Informal Response from the Federal Communications Commission G. Informal Response from the Electric Reliability Council of Texas H. Informal Response from Mitsubishi Hitachi Power Systems Americas, Inc. I. Informal Response from the Commodity Hedge Counterparty J. Informal Response from the Sponsor K. Informal Response from Air Products and Chemicals, Inc. Cure Objections Received: A. Limited Objection of Quantum Mechanical Construction, Inc. to Notice of (A) Executory Contracts and Unexpired Leases to Potentially be Assumed by the Debtors Pursuant to the Plan, (B) Cure Amounts, if any, and (C) Procedures in Connection Therewith [Docket No filed March 13, B. Limited Objection of United Rentals (North America), Inc. to Notice of (A) Executory Contracts and Unexpired Leases to Potentially be Assumed by the Debtors Pursuant to the Plan, (B) Cure Claim Amounts, if any, and (C) Procedures in Connection Therewith [Docket No filed March 14, C. Enterprise Texas Pipeline LLC s Limited Objection to Debtors Plan of Reorganization and Assumption of Contracts [Docket No filed March 14, D. Objection of Gulf South Pipeline Company, L.P. to Notice of (A) Executory Contracts to be Assumed by the Debtors Pursuant to the Plan, (B) Cure Claim Amounts, if any, and (C) Procedures in Connection Therewith [Docket No filed March 14, Related Documents: i. Joint Plan of Reorganization for ExGen Texas Power, LLC, ExGen Texas Power Holdings, LLC, Wolf Hollow I Power, LLC, Colorado Bend I Power, LLC, Handley Power, LLC, Mountain Creek Power, LLC, and LaPorte Power, LLC under Chapter 11 of the Bankruptcy Code (Solicitation Version) [Docket No filed January 12, 3

4 Case BLS Doc 316 Filed 03/26/18 Page 4 of 6 ii. iii. iv. Disclosure Statement for the Joint Plan of Reorganization for ExGen Texas Power, LLC, ExGen Texas Power Holdings, LLC, Wolf Hollow I Power, LLC, Colorado Bend I Power, LLC, Handley Power, LLC, Mountain Creek Power, LLC, and LaPorte Power, LLC under Chapter 11 of the Bankruptcy Code (Solicitation Version) [Docket No filed January 12, Order (A) Approving the Disclosure Statement, (B) Establishing the Voting Record Date, Voting Deadline and Other Dates, (C) Approving Procedures for Soliciting and Receiving and Tabulating Votes on the Plan and for Filing Objections to the Plan and (D) Approving the Manner and Forms of Notice and Other Related Documents [Docket No entered January 16, Notice of (A) Plan Confirmation Hearing, (B) Objection and Voting Deadlines and (C) Solicitation and Voting Procedures [Docket No filed January 18, v. Notice of Adjournment of Certain Dates Related to Confirmation of Debtors Joint Chapter 11 Plan of Reorganization [Docket No filed February 13, vi. vii. viii. Notice of Adjournment of Confirmation Hearing and Extension of Certain Other Deadlines Related to Confirmation of Debtors Joint Chapter 11 Plan of Reorganization [Docket No filed February 14, Notice of (A) Executory Contracts and Unexpired Leases to Potentially be Assumed by the Debtors Pursuant to the Plan, (B) Cure Claim Amounts, if any, and (C) Procedures in Connection Therewith [Docket No filed March 2, Notice of Adjournment of Certain Dates Related to Confirmation of Debtors Joint Chapter 11 Plan of Reorganization [Docket No filed March 6, ix. Notice of Filing of Plan Supplement [Docket No filed March 9, x. Notice of Filing of Second Plan Supplement [Docket No filed March 12, xi. Notice of Filing of Third Plan Supplement [Docket No filed March 15, xii. xiii. Supplemental Notice of (A) Executory Contracts and Unexpired Leases to Potentially be Assumed by the Debtors Pursuant to the Plan, (B) Cure Claim Amounts, if any, and (C) Procedures in Connection Therewith [Docket No filed March 23, Stipulation Regarding Limited Objection to Debtors Chapter 11 Plan of Reorganization [Docket No filed March 26, 4

5 Case BLS Doc 316 Filed 03/26/18 Page 5 of 6 xiv. xv. xvi. xvii. Certification of Andres A. Estrada with Respect to the Tabulation of Votes on the Joint Plan of Reorganization for ExGen Texas Power, LLC, ExGen Texas Power Holdings, LLC, Wolf Hollow I Power, LLC, Colorado Bend I Power, LLC, Handley Power, LLC, Mountain Creek Power, LLC, and LaPorte Power, LLC under Chapter 11 of the Bankruptcy Code [Docket No filed March 26, Notice of Filing of Blackline of Modified Plan [Docket No filed March 26, Memorandum of Law in Support of Confirmation of Joint Plan of Reorganization for ExGen Texas Power, LLC, ExGen Texas Power Holdings, LLC, Wolf Hollow I Power, LLC, Colorado Bend I Power, LLC, Handley Power, LLC, Mountain Creek Power, LLC, and LaPorte Power, LLC under Chapter 11 of the Bankruptcy Code [Docket No filed March 26, Notice of Filing of Proposed Confirmation Order [Docket No filed March 26, xviii. Declaration of David Rush in Support of Confirmation of Joint Plan of Reorganization for ExGen Texas Power, LLC, ExGen Texas Power Holdings, LLC, Wolf Hollow I Power, LLC, Colorado Bend I Power, LLC, Handley Power, LLC, Mountain Creek Power, LLC, and LaPorte Power, LLC under Chapter 11 of the Bankruptcy Code [Docket No filed March 26, Status: The hearing with respect to the U.S. Trustee Objection will go forward on a contested basis. The Debtors are working to resolve the balance of the responses and objections and expect that they will be resolved prior to the time of the hearing. To the extent such responses and objections remain unresolved as of such time, they will be addressed at the hearing. 5

6 Case BLS Doc 316 Filed 03/26/18 Page 6 of 6 Dated: March 26, 2018 Wilmington, Delaware RICHARDS, LAYTON & FINGER, P.A. /s/ Zachary I. Shapiro Daniel J. DeFranceschi (No. 2732) Paul N. Heath (No. 3704) Zachary I. Shapiro (No. 5103) Joseph C. Barsalona II (No. 6102) One Rodney Square 920 North King Street Wilmington, Delaware Telephone: (302) Facsimile: (302) defranceschi@rlf.com heath@rlf.com shapiro@rlf.com barsalona@rlf.com Counsel to the Debtors and Debtors in Possession 6