SUPPLEMENTAL PETITION FOR OWNERSHIP AND OPERATOR CHANGE
Pursuant to California Code of Regulations, Title 20, Section 1769(b),1 Diamond Generating Corporation ("Diamond") hereby files this petition to supplement the petition that Wildflower Energy, LP ("Wildflower") filed on September 16, 2004 requesting approval from the Commission for a change of upstream ownership and operator for the Larkspur Energy Facility (the "Project").
In the September 16, 2004 petition, Wildflower explained that the owner of the Project is Wildflower and will remain so; however, the new upstream owner of Wildflower will be Diamond. Additionally, the current operator of the Project is InterGen Operating Company (Wildflower) LLC but will be changed to DGC Operations, LLC ("DGC") upon the transfer of the upstream ownership of Wildflower. DGC is a wholly-owned subsidiary of Diamond.
Wildflower, which is the indirect owner of the Project, is currently indirectly wholly owned by InterGen (NorthAmerica), Inc. ("InterGen"). InterGen has entered into a Purchase and Sale Agreement, pursuant to which InterGen will sell all of its indirect interests in Wildflower to Diamond, which is a wholly-owned subsidiary of Mitsubishi Corporation. The transaction is expected to close on October 15, 2004.
The name of the Project, the Larkspur Energy Facility, will not change.
Pursuant to Section 1769(1)(B), Wildflower continues to be responsible for compliance with the Commission's conditions of certification for the Project. As the new upstream owner and holder of the equity interest in the new operator of the Project, Diamond understands the conditions of certification and agrees to comply with them. As the future operator of the Project, DGC also understands the conditions of certification and will agree to comply with them.
Pursuant to Section 1769(b)(1)(C), as an officer of Diamond and DGC, I hereby attest, under penalty of perjury, under the law of the State of California, that the contents of this Supplemental Petition are truthful and accurate to the best of my knowledge and belief.
DIAMOND GENERATING CORPORATION
for itself and on behalf of
DGC OPERATIONS, LLC
Diamond Generating Corporation
1 All references to "Section" or "Sections" are to Cal. Code Regs., tit. 20.