Frequently Asked Questions
1. Why did I get the Notice?
You received the Notice because our records indicate that you filed a Subordinated Securities Claim against PG&E Corporation and/or Pacific Gas And Electric Company (collectively, “PG&E”) in their chapter 11 cases in the United States Bankruptcy Court for the Northern District of California (the “Bankruptcy Court”).
Copies of your Subordinated Securities Claim can be viewed and/or obtained from PG&E’s notice and claims agent, Prime Clerk, LLC at https://restructuring.primeclerk.com/pge/ or by calling (844) 339-4217 (toll free) for U.S.-based parties; or +1 (929) 333-8977 for International parties or by e-mail at pgeinfo@primeclerk.com.
2. What is a Subordinated Securities Claim?
A Subordinated Securities Claim is a claim under the federal securities laws relating to the purchase or acquisition of PG&E’s publicly traded debt and/or equity securities during the period from April 29, 2015 through November 15, 2018, inclusive.
On January 25, 2021, the Bankruptcy Court approved the Securities Claims Procedures to assist in resolving Subordinated Securities Claims against PG&E, such as yours.
The Bankruptcy Court’s order is available here.
3. What are the Securities Claims Procedures?
The Securities Claims Procedures are available here.
They are comprised of the following items, each of which is summarized below: (i) Securities Claims Information Procedures; (ii) Settlement Offer and Mediation Procedures; and (iii) Securities Omnibus Objection Procedures.
PrimeClerk’s website (which is designed to provide information for all proofs of claim filed) will continue to reflect the status of your Subordinated Securities Claim going forward, but this Portal is dedicated exclusively to Subordinated Securities Claimants and will be a helpful reference tool for you to use throughout the Securities Claims Procedures.
4. Should I hire a lawyer to advise me regarding the Securities Claims Procedures?
Whether or not to hire an attorney is completely up to you. While PG&E cannot offer you legal advice, you should consider whether to consult with an attorney regarding the Securities Claims Procedures and/or your Subordinated Securities Claim(s).
5. What are the Securities Claims Information Procedures?
As a part of the Securities Claims Procedures approved by the Bankruptcy Court, you may receive a Trading Information Request Form from Heffler Claims Group on behalf of PG&E. The Trading Information Request Form requires you to provide certain trading information either that was not previously submitted or additional trading information necessary to calculate the potential amount of your claim. The Trading Information Request Form includes instructions as to how, and where, to provide this information, including the ability to submit your information via an online portal. Please follow all instructions.
6. What action do I need to take if I receive a Trading Information Request Form?
If you receive a Trading Information Request Form, it must be completed and returned no later than forty-five (45) days after the Trading Information Request Form is mailed to you. This deadline and where the Trading Information Request Form must be sent will be noted on the Trading Information Request Form.
7. What happens if my Trading Information Request is not received by the deadline?
As described in the Securities Claims Information Procedures, if a Trading Information Request Form is not returned by the deadline, PG&E will send you a reminder, providing you with an additional fourteen (14) days from the date the Information Reminder is sent to return the Trading Information Request.
PG&E will send the reminder to the e-mail address listed on your proof of claim.
8. What if I receive a Trading Information Request Form and I do nothing at all?
If you do not return the Trading Information Request Form, you may not receive a settlement offer or an opportunity to participate in mediation. Failure to return the Trading Information Request Form by the Reminder Deadline may also result in a formal objection seeking disallowance of the Subordinated Securities Claim(s) on the basis that the information provided is insufficient to establish Debtors’ liability or some other basis.
9. What if I have a question about the Trading Information Request Form?
Please contact Heffler Claims Group at info@pgesecuritiesclaimfiling.com or by calling (833) 644-1597 if you have any questions regarding the completion or submission of your Trading Information Request Form.
10. What are the Settlement Offer Procedures?
After PG&E has reviewed the trading information, PG&E may extend to you an offer in full and final satisfaction of your Subordinated Securities Claim(s). If you receive a settlement offer from PG&E, you may choose to:
- Accept the offer;
- Reject the offer; or
- Propose a counteroffer.
11. What is my deadline to respond to a settlement offer?
Thirty-five (35) days after the mailing of the settlement offer.
12. What if I accept a settlement offer?
If you accept PG&E’s offer to settle your Subordinated Securities Claim(s), you will be sent a settlement agreement setting forth the agreement for you to review and, if acceptable, sign. Once the settlement agreement has been signed and returned to PG&E, the agreed settlement amount will be delivered to you promptly.
13. What if I propose a counteroffer?
If you propose a counter-settlement offer, PG&E may accept or reject your counteroffer, or propose a revised offer. The parties may continue to exchange offers and counteroffers in this manner, if they so choose, until an offer or counteroffer is finally accepted or rejected.
14. What if I reject the settlement offer?
If a settlement cannot be reached through the Settlement Offer Procedures, PG&E may direct your claim(s) to mandatory, non-binding mediation (described more fully below) or may decide to file an objection to your claim within the Bankruptcy Court.
15. What are the Mediation Procedures?
PG&E may designate your Subordinated Securities Claim(s) for one of two types of mandatory, non-binding mediation selected by PG&E
- The Abbreviated Mediation Process; or
- The Standard Mediation Process
If PG&E directs your claim(s) to either the Abbreviated Mediation Process or Standard Mediation Process, you should read the Mediation Procedures carefully.
16. How will I know if my Subordinated Securities Claim has been designated for mediation?
As detailed in the Mediation Procedures, you will receive a notice with instructions and information, including the date and time of the mediation, the name of the Mediator assigned to your mediation and a reference or link to his or her biographical information, the estimated duration of the mediation, and other important dates and deadlines at least 28 days in advance of your scheduled mediation.
17. When will I receive notice of mediation?
At least 28 days in advance of your scheduled mediation.
18. Who will pay for mediation?
The costs of the Mediator shall be paid by PG&E. You shall have no responsibility for the costs of the Mediator. Any other costs incurred by you to participate in the mediation will be borne by you.
19. How are Mediators selected?
The Bankruptcy Court will approve a panel of qualified and experienced Mediators to preside over the Abbreviated Mediation and Standard Mediation. The Securities Claims Procedures require that each person appointed as a Mediator must (i) be an impartial, neutral person, (ii) have no financial or personal interest in the proceedings, and (iii) disclose any circumstances likely to create a reasonable inference of bias. Once the panel of Mediators is approved by the Bankruptcy Court, information about each Mediator will be made available on this website.
20. Where will mediations take place?
All mediations will take place on the scheduled mediation date (or a mutually agreeable date and time) via videoconference over Zoom or, alternatively, via telephonic conference.
21. If I receive notice of mediation, what action must I take?
Your obligations with respect to mediation are more fully set forth in the procedures order, which you need to review carefully. These obligations include making arrangements, such as having an internet connection, to ensure you can participate in the mediation over the internet.
22. There are two mediation processes. Am I required to participate in both?
Unless you otherwise agree, you will only be required to participate in one (1) mediation process.
23. What is the Abbreviated Mediation Process?
The Abbreviated Mediation Process is a streamlined process that provides you and PG&E with the opportunity to resolve your Subordinated Securities Claim(s) with the help of an experienced and independent Bankruptcy Court-approved mediator, without the expense of either litigating your claim in the Bankruptcy Court or a typical standard mediation, including the hiring of attorneys.
24. How will I know if my claim is designated for the Abbreviated Mediation Process?
At least twenty-eight (28) days before the Abbreviated Mediation, you will receive a notice with instructions and information, including the date and time of the mediation, the name of the Mediator assigned to your mediation and a reference or link to his or her biographical information, the estimated duration of the mediation, and other important instructions, dates, and deadlines.
If your claim is designated for the Abbreviated Mediation Process, please read the Mediation Procedures carefully.
25. If my Subordinated Securities Claim is designated for the Abbreviated Mediation Process, what action must I take?
You must make arrangements to ensure that you will be able to participate in the Abbreviated Mediation. If the chosen date and/or time of the Abbreviated Mediation does not work for you, you may so inform the Mediator so that the parties and the Mediator may find a mutually agreeable date and time.
You may, but are not required to, submit a response statement and a counteroffer to PG&E and the Mediator in advance of the mediation date. The Abbreviated Mediation Procedures describe the requirements and limitations of the optional response statement.
26. What is the Standard Mediation Process?
The Standard Mediation Process is a more formal process that PG&E expects to be utilized more for institutional investors and Subordinated Securities Claimants with larger potential claims, but PG&E may utilize the Standard Mediation Process in other circumstances on a case by case basis.
27. How will I know if my claim is designated for the Standard Mediation Process?
At least forty-two (42) days before the Standard Mediation, you will receive a notice with instructions and information, including the date and time of the mediation, the name of the Mediator assigned to your mediation and a reference or link to his or her biographical information, the estimated duration of the mediation, and other important instructions, dates, and deadlines.
If your Subordinated Securities Claim is designated for Standard Mediation, please read the Mediation Procedures carefully.
28. If my Subordinated Securities Claim is designated for the Standard Mediation Process, what action must I take?
You must make arrangements to ensure that you will be able to participate in the Standard Mediation. If the chosen date and/or time of the Standard Mediation does not work for you, you may so inform the Mediator so that the parties, and the Mediator, may find a mutually agreeable date and time.
Twenty-one (21) days before the Standard Mediation, you must e-mail the Mediator and PG&E the following: (i) a settlement demand and (ii) a confidential pre-mediation statement. The Standard Mediation Procedures describe the requirements of the mandatory pre-mediation statement.
29. Who may terminate a mediation?
Mediation may only be terminated by the Mediator.
Either PG&E or you may request that the Mediator terminate the mediation.
30. What happens if my Subordinated Securities Claim is settled through mediation?
If you and PG&E reach a settlement in advance of or during mediation, the parties will enter into a settlement agreement and the agreed settlement amount will be delivered to you promptly after the settlement agreement has been signed and returned to PG&E.
31. What happens if my Subordinated Securities Claim is not resolved through mediation?
If your Subordinated Securities Claim is not settled through mediation, PG&E may seek to resolve the claim through litigation in the claims objection process before the Bankruptcy Court.
32. What are the Securities Omnibus Objection Procedures?
Under the Securities Omnibus Objection Procedures approved by the Bankruptcy Court on January 25, 2021, PG&E may file objections to certain categories of Subordinated Securities Claims against a number of claimants whose claims PG&E determines suffer from the same deficiency in a single motion.
33. What if my Subordinated Securities Claim is subject to an Omnibus Objection?
In the event that PG&E files an objection to your Subordinated Securities Claim(s) in an omnibus motion along with other claimants whose claims PG&E determines suffer from the same deficiency in a single motion, you will receive notice of the omnibus objection, and you will have an opportunity to respond to the omnibus objection before the Bankruptcy Court. You will also receive a warning that failure to respond to the omnibus objection may result in the Bankruptcy Court sustaining the objection, which may result in disallowance of your claim(s). Please consult the Securities Omnibus Objection Procedures for more information.