By Tom Kleckner

The Public Utility Commission of Texas agreed Wednesday to wait until no later than June 10 before determining whether to grant a rehearing on its decision to allow Hunt Consolidated’s acquisition of Oncor.

The commission granted the extension partly to allow time for review of the flood of filings that followed the May 1 announcement by Oncor’s debt-laden owner, Energy Future Holdings, that it had filed a new Chapter 11 reorganization plan. (See EFH Files New Chapter 11 Plan; Oncor-Hunt Deal in Doubt.)

The PUC will resume the discussion of whether to grant the Hunt group’s rehearing request at its May 19 open meeting. The intent is to make a decision then, rather than extending the timeline until its next meeting on June 9.

“I think we can make a decision on the 19th whether we can grant a rehearing,” Commissioner Ken Anderson said. “At the very least, we should discuss our position on the issues raised by the parties. I guess we’re probably decided on 80% of those issues now.”

The commission in March approved the Hunt group’s proposal to split Oncor into two companies, with a real estate investment trust (REIT) leasing the utility’s wires, poles and other assets to the second company. (See Texas Commission Approves Oncor REIT Structure.)

However, the commission’s requirements that the REIT’s tax savings be set aside for customers led to EFH’s investors pulling their support for the deal. That, in turn, led to EFH killing its original bankruptcy exit plan last weekend and filing a new one.

Anderson is widely seen as the swing vote in the three-person commission’s eventual decision. Chair Donna Nelson has often sided with the Hunt group’s position, while Commissioner Brandy Marty Marquez has supported the restrictions placed on the deal.

“Is there even a transaction for us to still approve?” Anderson asked.

Two opposing groups, the Steering Committee of Cities Served by Oncor (comprising about 150 Texas cities) and the Texas Office of Public Utility Counsel, argued the commission should dismiss the rehearing request.

“The [bankruptcy exit] plan is dead, according to the bankruptcy court,” Geoffrey Gay, lead attorney for the cities coalition, told the commission. “If I was in your position, my gut reaction is this case no longer exists. You’re being asked to proceed on a hypothetical basis.”

“We believe the transaction is null and void,” said Laurie Barker, deputy public counsel for the OPUC. “While the Hunts do have an opportunity to negotiate and possibly become the next plan, there are other potential investors and plans out there as well. If we allow one entity to come before you with their preferred plan, you would have to allow all.”

Richard Nolan, an attorney for the Hunt group, said turning Oncor and its assets into a REIT is still a viable option for the bankruptcy process. He said the door has been left open for creditors and the court to approve the structure under the reorganization plan, “and we intend to pursue that.”

“We’ve receive a lot of interest from investors,” Nolan said. “To the extent we can make this work … that offers the opportunity to avoid going through another six months of proceedings. We realize the plan that was selected will have to conform to whatever the final order is.

“We think if that’s done, that would be the quickest way for the debtors to exit the bankruptcy proceeding without going through another six months and delay the process. That also gives the commission an opportunity to shape, to some degree, a plan that would be workable and approved by the [bankruptcy] court.”

Commission staff also requested an extension, saying “new developments in the EFH bankruptcy proceeding raise new issues that may affect this … proceeding.” Staff said they needed sufficient time to “identify and address any new issues.”

“I think you maintain maximum flexibility with your options if you extend time for the rehearing,” PUC attorney Sam Chang said.

EFH, saddled with $42 billion in debt following its leveraged buyout of TXU Corp. in 2007, filed its first bankruptcy exit plan in Delaware two years ago. In December, a U.S. bankruptcy judge approved the company’s plan to split into separate companies — Oncor, Luminant and TXU Energy — wiping out the buyout sponsors’ equity. The Luminant and TXU Energy businesses would go to senior lenders owed about $24 billion.