Home

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

Hearing Guidelines

NHPUC

3

02/28/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 185

Order (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 186

Interim 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 187

Interim 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 189

Interim Order (I) Authorizing the Debtors to Pay Prepetition Claims of Critical Vendors and (II) Granting Related Relief

Doc 190

Interim 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 191

Interim Order (I) Authorizing the Debtors to Continue Performing Under Certain Shared Services Agreements and Honor Obligations Related Thereto; and (II) Granting Related Relief

Doc 194

Interim 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 200

Interim 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 202

Omnibus Notice of First Day Motions and Final Hearing Thereon

No Name

4

02/28/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 203

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 Letter
Settlement Agreement

David K. Wiesner

6

02/29/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 205

Debtors' 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 207

Declaration 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

Eversource Energy Affidavit of Publication

David K. Wiesner

8

03/01/24

OCA Letter of Participation

Donald M. Kreis

9

03/06/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 102

Notice of Telephonic Section 341 Meeting

Doc 184

Notice of Chapter 11 Bankruptcy Filing

Doc 212

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 213

Debtors' 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 214

Order 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 215

Notice of Hearing

No Name

10

03/06/24

Eversource Energy Motion for Dismissal or, in the alternative, Consolidation of Docket

Cover Letter
Motion
Attachments

David K. Wiesner

11

03/11/24

New Hampshire Department of Energy Position Statement

Matthew C. Young

12

03/11/24

OCA Position Statement

Michael J. Crouse

13

03/12/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 243

Notice 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 244

Notice of Agenda of Matters Scheduled for Hearing on March 13, 2024 at 2:30 P.M. (ET)

Doc 245

Application 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 246

Debtors' 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 247

Application 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 248

Application of the Debtors for Authority to Retain and Employ Epiq Corporate Restructuring, LLC as Administrative Advisor Effective as of Petition Date

Doc 249

Debtors' 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 251

Disclosure Statement for the Joint Plan of Reorganization of Burgess Biopower, LLC and Berlin Station, LLC Pursuant to Chapter 11 of the Bankruptcy Code

Doc 252

Debtors' 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

Doc 253

Amended Notice of Application

No Name

15

03/13/24

Clerk Report

NHPUC

16

03/14/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 238

Final 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 239

Final 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 240

Final Order (I) Authorizing the Debtors to Continue Performing Under Certain Shared Services Agreements and Honor Obligations Related Thereto; and (II) Granting Related Relief

Doc 241

Final 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 242

Final 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 259

Final Order (I) Approving Entry into New Lead Market Participant Agreement and (II) Granting Related Relief

Doc 260

Final Order (I) Authorizing the Debtors to Pay Prepetition Claims of Critical Vendors and (II) Granting Related Relief

Doc 263

Final 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 267

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

Notice of Deadlines for Filing Proofs of Claim
Proof of Claim Form

No Name

18

03/19/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 271

Motion 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 272

Motion 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 281

Notice of Agenda of Matters Scheduled for Hearing on March 25, 2024 at 11:00 A.M. (ET)

Doc 283

Amended2 Notice of Agenda of Matters Scheduled for Hearing on March 25, 2024 at 11:00 A.M. (ET)

No Name

20

03/22/24

Transcript of Hearing Held 03/13/24

Steven E. Patnaude

21

03/27/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 288

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

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 302

Order (I) Establishing Procedures for Interim Compensation and Reimbursement of Expenses for Retained Professionals and (II) Granting Related Relief

Doc 303

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

Doc 304

Order Authorizing the Employment and Retention of SSG Advisors, LLC as and Investment Banker to the Debtors Nunc Pro Tunc to the Petition Date

Doc 305

Order Authorizing the Retention and Employment of Foley Hoag LLP as Attorneys for the Debtors Effective Nunc Pro Tunc to the Petition Date

Doc 306

Order Authorizing the Retention and Employment of Gibbons P.C. as Counsel for the Debtors Effective as of the Petition Date

Doc 307

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 308

Order 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

Doc 314

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

Doc 318

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 320

Order (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 324

Notice 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 Code
First 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

Debtors' Motion for Entry of an Order Approving Stipulation by and Between the Debtors and Victor W. Dahar, Trustee for the Bankruptcy Estate of Cate Street Capital, Inc.

No Name

27

05/08/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 334

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

Doc 337

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

Doc 344

Notice of Adjournment of Auction

No Name

30

05/14/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 345

Order Scheduling Omnibus Hearing Date

No Name

31

05/16/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 348

Notice of Rescheduled Sale Hearing

Doc 349

Notice 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 366

Order, 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 367

Order 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 372

Notice of Rescheduled Sale Hearing and Confirmation Hearing

Doc 373

Notice 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

Doc 377

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

Doc 379

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

Doc 383

Notice of Adjournment of Sale Hearing and Confirmation Hearing

No Name

38

06/17/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 384

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

Doc 385

Order Scheduling Omnibus Hearing Date

No Name

40

06/24/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 389

Notice of Rescheduled Sale Hearing and Confirmation Hearing

No Name

41

07/03/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 397

Notice of Rescheduled Sale Hearing and Confirmation Hearing

No Name

42

07/11/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 400

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

Doc 404

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

Doc 412

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

Eversource Energy Witness and Exhibits List

Suzanne Fumarola

46

08/07/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 415

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

Clerk Report

NHPUC

48

08/19/24

Transcript of hearing held 8/14/24

Steven E. Patnaude

49

08/19/24

Eversource Energy Proof of Claim Filing

Cover Letter
Proof of Claim

David K. Wiesner

50

08/19/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 421

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

Doc 425

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

Doc 426

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

Doc 430

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

Order No. 27,053 Terminating Chapter 340 Adder as of October 31, 2024, and Governing Ongoing Stranded Cost Recovery Charge Accounting of Burgess-Related Items

NHPUC

55

09/09/24

Burgess BioPower, LLC and Berlin Station, LLC Bankruptcy Filings

Doc 439

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

Doc 447

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

 

 


EXHIBITS


DATE

NO.

DESCRIPTION

WITNESS





An Official Web Site for New Hampshire Government