Ector County Energy eyes exclusivity extension; statement hearing moved

By Sarah Lizee

Olympia, Wash., Oct. 3 – Ector County Energy Center LLC is seeking an extension of its exclusive periods to file and solicit votes on a Chapter 11 plan, according to a motion filed with the U.S. Bankruptcy Court for the District of Delaware.

Specifically, the company asked the court to extend the plan filing period through Nov. 29 from Sept. 30 and the solicitation period through Jan. 30 from Nov. 30.

As previously reported, the company has filed a plan and disclosure statement.

However, the debtor said it is hoping to reach an agreement with Direct Energy that will resolve its objections to the disclosure statement and plan. The debtor has been litigating with Direct Energy since early 2021.

In light of the fact that mediation between the parties is scheduled for Oct. 25, the debtor agreed with Direct Energy to adjourn the disclosure statement hearing to Nov. 16 from Oct. 4.

“The debtor’s willingness to mediate, however, should not prejudice debtor’s ability to maintain its exclusive right to file and solicit a plan under the present status quo,” the debtor said in its motion.

“Thus, out of an abundance of caution, the debtor has filed this motion.”

Goldsmith, Tex.-based Ector owns and operates a 330 MW natural gas-fired electricity-generating facility. The company filed Chapter 11 bankruptcy on April 11, 2022 under case number 22-10320.

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