DE 24-032
Public Service Company of New Hampshire d/b/a Eversource Energy
Burgess Plant Bankruptcy Settlement Review Pursuant to RSA 365:28 and Allied Statutes
TAB |
DATE |
DESCRIPTION |
FILED BY |
1 |
02/28/24 |
Commencement of Adjudicative Proceeding and Notice of Hearing |
NHPUC |
2 |
02/28/24 |
NHPUC |
|
3 |
02/28/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 185Order (I) Approving the Settlement by and Among the Debtors, Senior Secured Lenders, and Public Service Company of New Hampshire, Doing Business as Eversource Energy and (II) Granting Related Relief Doc 186Interim Order (I) Authorizing the Maintenance of Bank Accounts and Continued use of Existing Business Forms and Checks, (II) Authorizing the Continued use of Existing Cash Management System, (III) Granting Limited Relief from the Requirements of Bankruptcy Code Section 345(B), and (IV) Granting Related Relief Doc 187Interim Order (I) Authorizing Payment of Certain Prepetition Taxes and Related Obligations and (II) Authorizing Financial Institutions to Honor all Related Checks and Electronic Payment Requests Doc 189Interim Order (I) Authorizing the Debtors to Pay Prepetition Claims of Critical Vendors and (II) Granting Related Relief Doc 190Interim Order (I) Authorizing the Debtors to (A) Continue to Maintain Insurance Policies and Programs and (B) Honor all Insurance Obligations; (II) Authorizing Continuation of Insurance Premium Financing Arrangements; and (III) Granting Related Relief Doc 191Interim Order (I) Authorizing the Debtors to Continue Performing Under Certain Shared Services Agreements and Honor Obligations Related Thereto; and (II) Granting Related Relief Doc 194Interim Order on the Motion of the Debtors for an Order (I) Approving Entry Into a New Lead Market Participant Agreement and (II) Granting Related Relief Doc 200Interim Order (I) Authorizing the Debtors to Obtain Postpetition Financing, (II) Authorizing the Debtors to use Cash Collateral, (III) Granting Liens and Providing Superpriority Administrative Expense Status, (IV) Granting Adequate Protection to the Prepetition Secured Parties, (V) Modifying the Automatic Stay, (VI) Scheduling a Final Hearing, and (VII) Granting Related Relief Doc 202Omnibus Notice of First Day Motions and Final Hearing Thereon |
No Name |
4 |
02/28/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Order (I) Authorizing the Debtors to Reject the Power Purchase Agreement and Option Agreement with Public Service Company of New Hampshire (d/b/a Eversource Energy) and (II) Granting Related Relief |
No Name |
5 |
02/29/24 |
Eversource Energy Update Regarding Bankruptcy Court PPA Rejection and Settlement Approval Cover LetterSettlement Agreement |
David K. Wiesner |
6 |
02/29/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 205Debtors' Motion for Entry of (A) an Order (I) Approving Bid Procedures Relating to the Sale of all or Substantially all of the Debtors' Assets, (II) Scheduling a Hearing to Consider the Sale, (III) Approving the Form and Manner of Notice of Sale by Auction, (IV) Establishing Procedures for the Assumption and/or Assumption and Assignment of Contracts and Leases and Approving the Form and Manner of Notice Thereof, and (V) Granting Related Relief; and (B) an Order (I) Authorizing the Sale of Assets Outside the Ordinary Course of Business, (II) Authorizing the Sale of Assets Free and Clear of all Liens, Claims, Encumbrances and Interests, (III) Authorizing the Assumption and/or Assumption and Assignment of Certain Executory Contracts and Unexpired Leases, and (IV) Granting Related Relief Doc 207Declaration of J. Scott Victor in Support of the Motion of the Debtors for Approval of Bid Procedures and Related Relief |
No Name |
7 |
03/01/24 |
David K. Wiesner |
|
8 |
03/01/24 |
Donald M. Kreis |
|
9 |
03/06/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 102Notice of Telephonic Section 341 Meeting Doc 184Notice of Chapter 11 Bankruptcy Filing Doc 212Motion of the Debtors for Entry of an Order (I) Establishing Deadlines for the Filing of Proofs of Claim, Including for Claims Arising Under Section 503(B)(9) of the Bankruptcy Code; (II) Approving the Form and Manner of Notice Thereof; and (III) Granting Related Relief Doc 213Debtors' Motion for Entry of an Order Shortening the Notice Period with Respect to Motion of the Debtors for Entry of an Order (I) Establishing Deadlines for the Filing of Proofs of Claim, Including for Claims Arising Under Section 503(B)(9) of the Bankruptcy Code; (II) Approving the Form and Manner of Notice Thereof; and (III) Granting Related Relief Doc 214Order Shortening Notice with Respect to the Motion of the Debtors for Entry of an Order (I) Establishing Deadlines for the Filing of Proofs of Claim, Including for Claims Arising Under Section 503(B)(9) of the Bankruptcy Code; (II) Approving the Form and Manner of Notice Thereof; and (III) Granting Related Relief Doc 215Notice of Hearing |
No Name |
10 |
03/06/24 |
Eversource Energy Motion for Dismissal or, in the alternative, Consolidation of Docket Cover LetterMotion Attachments |
David K. Wiesner |
11 |
03/11/24 |
Matthew C. Young |
|
12 |
03/11/24 |
Michael J. Crouse |
|
13 |
03/12/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 243Notice of Filing of Proposed form of Final Order Granting Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing the Debtors to Obtain Postpetition Financing, (II) Authorizing the Debtors to Use Cash Collateral, (III) Granting Liens and Providing Superpriority Administrative Expense Status, (IV) Granting Adequate Protection to the Prepetition Secured Parties, (V) Modifying the Automatic Stay, (VI) Scheduling a Final Hearing, and (VII) Granting Related Relief Doc 244Notice of Agenda of Matters Scheduled for Hearing on March 13, 2024 at 2:30 P.M. (ET) Doc 245Application of the Debtors for Entry of an Order Authorizing the Employment and Retention of SSG Advisors, LLC as Investment Banker to the Debtors Nunc Pro Tunc to the Petition Date Doc 246Debtors' Application for Entry of an Order Authorizing the Retention and Employment of Foley Hoag LLP as Attorneys for the Debtors Effective Nunc Pro Tunc to the Petition Date Doc 247Application of the Debtors for Entry of an Order Authorizing the Retention and Employment of Gibbons P.C. as Counsel to the Debtors Effective as of the Petition Date Doc 248Application of the Debtors for Authority to Retain and Employ Epiq Corporate Restructuring, LLC as Administrative Advisor Effective as of Petition Date Doc 249Debtors' Motion for Entry of an Order (I) Authorizing the Debtors to Retain Applied Business Strategy, LLC to Provide a Chief Restructuring Officer for the Debtors; (II) Designating Dean Vomero as the Debtors' Chief Restructuring Officer, Nunc Pro Tunc to the Petition Date; and (III) Granting Related Relief Doc 251Disclosure Statement for the Joint Plan of Reorganization of Burgess Biopower, LLC and Berlin Station, LLC Pursuant to Chapter 11 of the Bankruptcy Code Doc 252Debtors' Motion for Entry of an Order (A) Approving the Adequacy of the Disclosure Statement; (B) Approving the Solicitation and Notice Procedures with Respect to Confirmation of the Joint Plan of Reorganization of Burgess Biopower, LLC and Berlin Station, LLC; (C) Approving the Forms of Ballots and Notices in Connection Therewith; (D) Scheduling Certain Dates with Respect Thereto; and (E) Granting Related Relief |
No Name |
14 |
03/13/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Amended Notice of Application |
No Name |
15 |
03/13/24 |
NHPUC |
|
16 |
03/14/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 238Final Order (I) Authorizing the Maintenance of Bank Accounts and Continued Use of Existing Business Forms and Checks, (II) Authorizing the Continued Use of Existing Cash Management System, (III) Granting Limited Relief from the Requirements of Bankruptcy Code Section 345(B), and (IV) Granting Related Relief Doc 239Final Order (I) Authorizing the Debtors to (A) Continue to Maintain Insurance Policies and Programs and (B) Honor all Insurance Obligations; (II) Authorizing Continuation of Insurance Premium Financing Arrangements; and (III) Granting Related Relief Doc 240Final Order (I) Authorizing the Debtors to Continue Performing Under Certain Shared Services Agreements and Honor Obligations Related Thereto; and (II) Granting Related Relief Doc 241Final Order (I) Authorizing Payment of Certain Prepetition Taxes and Related Obligations and (II) Authorizing Financial Institutions to Honor all Related Checks and Electronic Payment Requests Doc 242Final Order (I) Prohibiting Utility Providers from Altering, Refusing, or Discontinuing Utility Services; (II) Determining Adequate Assurance of Payment for Future Utility Services; (III) Establishing Procedures for Determining Adequate Assurance of Payment; and (IV) Granting Related Relief Doc 259Final Order (I) Approving Entry into New Lead Market Participant Agreement and (II) Granting Related Relief Doc 260Final Order (I) Authorizing the Debtors to Pay Prepetition Claims of Critical Vendors and (II) Granting Related Relief Doc 263Final Order (I) Authorizing the Debtors to Obtain Postpetition Financing, (II) Authorizing the Debtors to use Cash Collateral, (III) Granting Liens and Providing Superpriority Administrative Expense Status, (IV) Granting Adequate Protection to the Prepetition Secured Parties, (V) Modifying the Automatic Stay, and (VI) Granting Related Relief |
No Name |
17 |
03/18/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 267Order (I) Establishing Deadlines for the Filing of Proofs of Claim, Including for Claims Arising Under Section 503(B)(9) of the Bankruptcy Code; (II) Approving the Form and Manner of Notice Thereof; and (III) Granting Related Relief Notice of Deadlines for Filing Proofs of ClaimProof of Claim Form |
No Name |
18 |
03/19/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 271Motion of the Debtors for Entry of an Order (I) Establishing Procedures for Interim Compensation and Reimbursement of Expenses for Retained Professionals and (II) Granting Related Relief Doc 272Motion of the Debtors for Entry of an Order (I) Authorizing the Retention and Compensation of Certain Professionals Utilized in the Ordinary Course of Business Effective as of the Petition Date and (II) Granting Related Relief |
No Name |
19 |
03/21/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 281Notice of Agenda of Matters Scheduled for Hearing on March 25, 2024 at 11:00 A.M. (ET) Doc 283Amended2 Notice of Agenda of Matters Scheduled for Hearing on March 25, 2024 at 11:00 A.M. (ET) |
No Name |
20 |
03/22/24 |
Steven E. Patnaude |
|
21 |
03/27/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 288Order (I) Approving Bid Procedures Relating to the Sale of all or substantially all of the Debtors' Assets, (II) Scheduling a Hearing to Consider the Sale, (III) Approving the Form and Manner of Notice of Sale by Auction, (IV) Establishing Procedures for the Assumption and/or Assumption and Assignment of Contracts and Leases and Approving the Form and Manner of Notice Thereof, and (V) Granting Related Relief Notice of Bid Deadline, Auction, and Sale Hearing in Connection with the Sale of all or substantially all of the Debtors' Assets2 |
No Name |
22 |
04/11/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 302Order (I) Establishing Procedures for Interim Compensation and Reimbursement of Expenses for Retained Professionals and (II) Granting Related Relief Doc 303Order (I) Authorizing the Retention and Compensation of Certain Professionals Utilized in the Ordinary Course of Business Effective as of the Petition Date and (II) Granting Related Relief Doc 304Order Authorizing the Employment and Retention of SSG Advisors, LLC as and Investment Banker to the Debtors Nunc Pro Tunc to the Petition Date Doc 305Order Authorizing the Retention and Employment of Foley Hoag LLP as Attorneys for the Debtors Effective Nunc Pro Tunc to the Petition Date Doc 306Order Authorizing the Retention and Employment of Gibbons P.C. as Counsel for the Debtors Effective as of the Petition Date Doc 307Order (I) Authorizing the Debtors to Retain Applied Business Strategy, LLC to Provide a Chief Restructuring Officer for the Debtors; (II) Designating Dean Vomero as the Debtors' Chief Restructuring Officer, Nunc Pro Tunc to the Petition Date; and (III) Granting Related Relief Doc 308Order Authorizing the Debtors to Retain and Employ Epiq Corporate Restructuring, LLC as Administrative Advisor Effective as of Petition Date |
No Name |
23 |
04/12/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Amended2 Notice of Agenda of Matters Scheduled for Hearing on April 15, 2024 at 10:00 A.M. (ET) |
No Name |
24 |
04/15/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Second Amended2 Notice of Agenda of Matters Scheduled for Hearing on April 15, 2024 at 10:00 A.M. (ET) |
No Name |
25 |
04/22/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 320Order (A) Approving the Adequacy of the Disclosure Statement; (B) Approving the Solicitation and Notice Procedures with Respect to Confirmation of the First Amended Joint Plan of Reorganization of Burgess Biopower, LLC and Berlin Station, LLC; (C) Approving the Forms of Ballots and Notices in Connection Therewith; (D) Scheduling Certain Dates with Respect Thereto; and (E) Granting Related Relief Doc 324Notice of Hearing to Consider Confirmation of the Chapter 11 Plan Filed by the Debtors and Related Voting and Objection Deadlines Disclosure Statement for the First Amended Joint Plan of Reorganization of Burgess Biopower, LLC and Berlin Station, LLC Pursuant to Chapter 11 of the Bankruptcy CodeFirst Amended Joint Chapter 11 Plan for Burgess Biopower, LLC and Berlin Station, LLC |
No Name |
26 |
05/07/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings |
No Name |
27 |
05/08/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Notice of Filing of Plan Supplement for the First Amended Joint Chapter 11 Plan for Burgess Biopower, LLC and Berlin Station, LLC |
No Name |
28 |
05/08/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Debtors' Motion for Entry of an Order Pursuant to Bankruptcy Rules 9006 and 9027, (I) Extending the Time Period Within Which the Debtors May Remove Actions Pursuant to 28 U.S.C. § 1452 and (II) Granting Related Relief |
No Name |
29 |
05/14/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Notice of Adjournment of Auction |
No Name |
30 |
05/14/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Order Scheduling Omnibus Hearing Date |
No Name |
31 |
05/16/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 348Notice of Rescheduled Sale Hearing Doc 349Notice of Rescheduled Confirmation Hearing, Modified Confirmation Key Dates and Deadlines |
No Name |
32 |
05/30/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 366Order, Pursuant to Bankruptcy Rules 9006 and 9027, Extending the Period Within Which the Debtor May Remove Actions Pursuant to 28 U.S.C. § 1452 Doc 367Order Approving Stipulation by and Between the Debtors and Victor W. Dahar, Trustee for the Bankruptcy Estate of Cate Street Capital, Inc. |
No Name |
33 |
06/04/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Doc 372Notice of Rescheduled Sale Hearing and Confirmation Hearing Doc 373Notice of Cancellation of Hearing Scheduled for June 6, 2024 at 2:00 Pm (ET) |
No Name |
34 |
06/10/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Motion of the Debtors for Entry of an Order Extending the Exclusive Period During Which Only the Debtors May File a Chapter 11 Plan |
No Name |
35 |
06/12/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Amended2 Motion of The Debtors for Entry of an Order Extending the Exclusive Period During Which Only the Debtors May File a Chapter 11 Plan |
No Name |
36 |
06/14/24 |
Procedural Order Re: Scheduling of Consolidated Hearing on August 14, 2024 |
NHPUC |
37 |
06/14/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Notice of Adjournment of Sale Hearing and Confirmation Hearing |
No Name |
38 |
06/17/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Notice of Agenda of Matters Scheduled for Hearing on June 18, 2024 at 2:00 P.M. (ET) |
No Name |
39 |
06/18/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Order Scheduling Omnibus Hearing Date |
No Name |
40 |
06/24/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Notice of Rescheduled Sale Hearing and Confirmation Hearing |
No Name |
41 |
07/03/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Notice of Rescheduled Sale Hearing and Confirmation Hearing |
No Name |
42 |
07/11/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Notice of Agenda of Matters Scheduled for Hearing on July 12, 2024 at 11:00 A.M. (ET) |
No Name |
43 |
07/24/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Notice of Cancellation of Hearing Scheduled for August 6, 2024 at 11:00 Am (ET) |
No Name |
44 |
08/06/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Debtors' Second Motion for Entry of an Order Pursuant to Bankruptcy Rules 9006 and 9027, (I) Extending the Time Period Within Which the Debtors aay Remove Actions Pursuant To 28 U.S.C. § 1452 and (II) Granting Related Relief |
No Name |
45 |
08/07/24 |
Suzanne Fumarola |
|
46 |
08/07/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Order Extending the Exclusive Period During Which Only the Debtors May File a Chapter 11 Plan and Solicit Acceptances |
No Name |
47 |
08/14/24 |
NHPUC |
|
48 |
08/19/24 |
Steven E. Patnaude |
|
49 |
08/19/24 |
Eversource Energy Proof of Claim Filing Cover LetterProof of Claim |
David K. Wiesner |
50 |
08/19/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Second Motion of the Debtors for Entry of an Order Extending the Exclusive Period During Which Only the Debtors May File a Chapter 11 Plan |
No Name |
51 |
08/23/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Order, Pursuant to Bankruptcy Rules 9006 and 9027, Further Extending the Period Within Which The Debtors May Remove Actions Pursuant To 28 U.S.C. § 1452 |
No Name |
52 |
08/26/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Debtors' Objection to Motion of the City of Berlin for (I) an Allowed Administrative Expense Claim for Property Taxes Pursuant to Section 503(B) of the Bankruptcy Code, (II) an Order Compelling the Immediate Payment of Past Due Post-Petition Property Taxes and (III) Granting Related Relief |
No Name |
53 |
08/27/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Order Authorizing the Debtors' Entry Into, and Performance of Their Obligations Under, the First Amendment to Senior Secured Superpriority Debtor-In-Possession Credit Agreement |
No Name |
54 |
08/30/24 |
NHPUC |
|
55 |
09/09/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Order Further Extending the Exclusive Period During Which Only the Debtors May File a Chapter 11 Plan and Solicit Acceptances |
No Name |
56 |
10/01/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Order Authorizing the Debtors' Entry into, and Performance of their Obligations Under, the Second Amendment to Senior Secured Superpriority Debtor-in-Possession Credit Agreement |
No Name |
57 |
10/16/24 |
NHPUC |
|
58 |
10/22/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Order Authorizing the Debtors' Entry Into, and Performance of Their Obligations Under, the Third Amendment to Senior Secured Superpriority Debtor-In-Possession Credit Agreement |
No Name |
59 |
10/24/24 |
NHPUC |
|
60 |
10/25/24 |
Molly M. Lynch |
|
61 |
10/30/24 |
Letter of Compliance Tariff Pages 4th rev pg 21A; 7th rev pg 21B; 13th rev pg 41, 42, 45, 46, 47; 9th rev pg 47B, 47C, 47D; 13th rev pg 50, 51, 52, 55, 59, 62; 8th rev pg 65-F; 13th rev pg 66; 7th rev pg 67; 13th rev pg 72; 11th rev pgs 74, 81; 9th rev pg 86-B |
NHPUC |
62 |
11/05/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Order Authorizing the Debtors' Entry Into, and Performance of Their Obligations Under, the Fourth Amendment to Senior Secured Superpriority Debtor-in-Possession Credit Agreement |
No Name |
63 |
11/06/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Debtors' Third Motion for Entry of an Order Pursuant to Bankruptcy Rules 9006 and 9027, (I) Extending the Time Period Within Which the Debtors May Remove Actions Pursuant to 28 U.S.C. § 1452 And (II) Granting Related Relief |
No Name |
64 |
11/12/24 |
Steven E. Patnaude |
|
65 |
11/14/24 |
Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings Order Authorizing the Debtors' Entry Into, and Performance of Their Obligations Under, the Fifth Amendment to Senior Secured Superpriority Debtor-in-Possession Credit Agreement |
No Name |
|
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DESCRIPTION |
WITNESS |
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