ML020350445

Keker & Van Nest, Llp'S Second Interim Fee Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period August 1, 2001 to November 30, 2001

ML020350445
Person / Time
Site:	Diablo Canyon
Issue date:	01/14/2002
From:	Hirsch S Keker & Van Nest, LLP, Pacific Gas & Electric Co
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01 30923 DM
Download: ML020350445 (7)

Text

- / / / A-1 KEKER & VAN NEST, L.L.P.

ROBERT A. VAN NEST (SBN 84065) 2 JAMES M. EMERY (SBN 153630)

STEVEN A. HIRSCH (SBN 171825)

G. WHITNEY LEIGH (SBN 153457)

ROY L. AUSTIN (SBN 211491) 4 CLEMENT S. ROBERTS (SBN 209203) 710 Sansome Street 5 San Francisco, CA 94111-1704 Telephone: (415) 391-5400 6 Facsimile: (415) 397-7188 7 Special Counsel to Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 8

UNITED STATES BANKRUPTCY COURT 9

NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 Case No. 01 30923 DM In re 13 Chapter 11 Case ELECTRIC IPACIFIC GAS AND 14 COMPANY, a California corporation, KEKER &VAN NEST, L.L.P.'S SECOND INTERIM FEE APPLICATION FOR 15 Debtor. ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 16 REIMBURSEMENT OF EXPENSES FOR Federal I.D. No. 94-0742640 THE PERIOD AUGUST 1, 2001 TO 17 NOVEMBER 30, 2001 18j Date: February 26, 2002 Time: 9:30 a.m.

Place: 235 Pine Street San Francisco, CA Judge: HON. DENNIS MONTALI 2:

2:2 2:3 24 25 26 2'7 ,4it 2

Keker & Van Nest's Second Interim Fee Application for the Period August 1, 2001 through November 30, 2001 283864.01 CASE NO. 01 30923 DM

1 Name of Applicant Keker & Van Nest, L.L.P.

2 Pacific Gas and Electric Company, debtor and Authorized to Provides Professional Services to: debtor in possession Date of Retention Order: June 11, 2001 4

Period for Which Compensation and August 1, 2001 through November 30, 2001 5 Reimbursement is Sought:

6 Amount of Compensation Sought as Actual, Reasonable and Necessary:

7 Amount of Expense Reimbursement Sought as 8

Actual, Reasonable and Necessary:

9 This is an: X Interim Final application 10 Prior Application: First Interim Application for the period April 6, 2001 through July 31, 2001 filed September 25, 2001.

11 12 TIME

SUMMARY

TO KEKER & VAN NEST, L.L.P.'S SECOND INTERIM FEE APPLICATION FOR ALLOWANCE 13 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD 14 AUGUST 1, 2001 THROUGH NOVEMBER 30, 2001 15 Name1 Year of Admission Rate Hours Amount 16 Partners:

17 $550.00 70.625 $38,843.75 Robert A. Van Nest 1978 18 1991 $350.00 0.250 $ 87.50 James M. Emery 19 1994 $300.00 64.375 $19,312.50 Steven A. Hirsch 20 135.250 $58,243.75 Total Partners 21 22 Associates:

23 48.375 $13,545.00 G. Whitney Leigh 1991 $280.00 24 2000 $255.00 2.750 $ 701.35 Roy L. Austin 25 2000 $215.00 99.830 $21,463.45 Clement S. Roberts 26 27 1 The resume for each attorney is attached as Exhibit 1 to this Application. (This exhibit is not attached to the service copies of this document. Copies of this exhibit may be obtained through 28 the Keker & Van Nest website at www.kvn.com.

1 283864.01 Keker & Van Nest's Second Interim Fee Application for the Period August 1, 2001 through November 30, 2001 CASE NO. 01 30923 DM

Rate Hours Amount 1 Name_ Year of Admission 150.955 $35,709.80 2 Total Associates 3

4 Paraprofessionals:

N/A $125.00 11.500 $1,437.50 5 BrianD. Loper

$140.00 1.000 $ 140.00 6 Cathleen A. Crane N/A 12.500 $1,577.50 7 Total Paraprofessionals 298.705 $95,531.05 8 GRAND TOTAL 9

DISBURSEMENTS 10

$1,496.53 11 Computer Legal Reasearch

$2,909.43 12 Copying Charges 13 Courier/Express/Postage $1351.71

$343.00 14 Books and Publications

$3,364.03 15 Business Travel, Lodging, Meals, Parking 16 Professional Fees (Infotreive, Inc., Boalt Express, Integral Solutions, video 17 conferencing)

$634.80 18 Conference calls

$195.00 19 Pcerks CLIENT TOTAL $10,294.50 20 under 11 U.S.C. § 330 and 21 Keker & Van Nest, L.L.P. ("KVN") submits this application that it performed as special counsel to 22 Fed. R. Bankr. P. 2016 for compensation for the services possession in this case ("PG&E" or the 23 Pacific Gas and Electric Company, debtor and debtor in 2001 (the "Application Period"), and for 24 "Debtor"), from August 1, 2001 through November 30, that period. KVN submits this 25 reimbursement of its charges and disbursements during for professional services rendered by 26 Application for (a) allowance of reasonable compensation incurred by and necessary charges and disbursements 27 KVN and (b) reimbursement of actual of Debtor.

28 KVN in rendering professional services on behalf 2

30, 2001 Fee Application for01the Period DM August 1, 2001 through November Keker & Van Nest's Second Interim CASE NO. 30923 283864.01

1 INTRODUCTION million customers 2 PG&E is a utility providing gas and electric services to more than 4.5 approximately 13 million. The 3 in Central and Northern California, serving a population of On April 6, 4 Debtor employs over 19,000 people and has in excess of 30,000 trade creditors.

PG&E continues to operate its 5 2001 (the "Petition Date"), PG&E filed its Chapter 11 petition.

Sections 1107(a) and 1008 of the 6 business in the ordinary course of a debtor in possession under 7 Bankruptcy Code.

8 A. Retention of KVN in this Chapter 11 case, in 9 PG&E applied to retain KVN to act as its special counsel "Retention Application") to 10 accordance with section 327(e) of the Bankruptcy Code (the had been retained by the Debtor prior 11 represent the Debtor with respect to a task on which KVN requires KVN to consider and analyze 12 to commencement of this case. That task ("the Matter")

excessive charges for electric 13 potential litigation between PG&E and other parties concerning action has been filed and all 14 power in the California electric-power market. Because no and KVN cannot publicly disclose 15 communications regarding the Matter are privileged, PG&E believes that it needs additional 16 any additional information about the Matter. If the Court under seal, pursuant to Federal Rule 17 information, KVN can submit that information to the Court, 18 of Bankruptcy Procedure 9018.

retention of KVN as 19 On June 11, 2001 the Court entered its Order approving PG&E's 20 special counsel in this case.

21 B. Compliance With Guidelines identical for bankruptcy and 22 Keker & Van Nest's billing practices and hourly rates are The costs charged to PG&E are either 23 non-bankruptcy clients (of which PG&E is the only one).

clients.

24 identical to or less than the costs charged to non-bankruptcy 25 26 27 28 3

30, 2001 for the Period August 1,2001 through November 283864.01 Keker & Van Nest's Second Interim Fee Application CASE NO. 01 30923 DM

I 1 C. 2016 Compensation Statement awarded with any other person and the 2 KVN has agreed not to share any compensation funds.

source of any award authorized will be estate 4 D. Summary of Services case are set out in the application of 5 The events encompassing the Debtor's bankruptcy Howard, Rice, Nemerovski, Canady, Falk & Rabkin 6 the Debtor's general bankruptcy counsel, Period, KVN has considered and analyzed potential 7 ("Howard Rice"). During the Application power in the 8 litigation between PG&E and other parties concerning excessive charges for electric task, KVN has worked with experts and with California electric-power market. As part of that other remedies for the excessive charges.

0 other counsel to PG&E who are pursuing 1 E. Compensation Requested Application Period are $95,531.05. In 1112 KVN's fees for its services rendered during the in charges and disbursements actually 3 addition, KVN seeks reimbursement of $10,294.50 1

of $105,825.55. The firm does not hold a 4 incurred during the Application Period, for a total 1

5 prepetition retainer.

1 Application in full and (ii) authorize and KVN requests that the Court (i) approve this 16 in this Application.

17 direct the Debtor to pay KVN all amounts requested I.

18 19 INFORMATION REQUIRED BY BANKRUPTCY RULES AND GUIDELINES 20 -idn fioi c n t E ve n t s D u r i n e 0.. . . . ~.... .. k * .i. .

("

21 A. Brief HistoryPeriod Application of Present Posture 01 Lnhe ** o*........

The significant events occurring 22 On April 6, 2001, PG&E filed its Chapter 11 petition.

23 Rice's fee application.

during the Application Period are set out in Howard and analyzing potential 24 KVN has worked with PG&E in connection with considering 25 excessive charges for electric power in the litigation between PG&E and other parties concerning 26 task, KVN also has worked with experts and California electric-power market. As part of that 27 remedies for the excessive charges.

with other counsel to PG&E who are pursuing other in connection with the Matter.

28 KVN expects that it will continue to assist the Debtor 4

2001 for the Period August 1,2001 through November 30, 283864.01 Keker & Van Nest's Second Interim Fee Application CASE NO. 01 30923 DM

Approved, and 1 B. Listing of Amount of Fees and Expenses Previously Requested, Received 2

1. The Court's Order Approving KVN's Retention as its special This Court granted PG&E's application for authorization to retain KVN 4

30, 2000.

counsel on June 11, 2001. The firm's services began on August 5

2. Court's Approval of Compensation for First Interim Period 6

request for On November 6, 2001, this Court approved Keker & Van Nest's entire 7

31, 2001). The Court compensation for the First Interim Period (April 6, 2001 through July 8

approved $218,413.46 in fees and $11,844.84 in costs.

9

3. The Request for Compensation for the Second Interim Period 10 of By this Application, KVN seeks approval of compensation and reimbursement 11 in fees and expenses in the total amount of $105,825.55, which consists of $95,531.05 12 November 30,

$10,294.50 in costs and disbursements for the period August 1, 2001 through 13 2001.

14 15 UC. Major Activity Codes Used Accordingly, all time KVN has been engaged in only a single Matter, described above.

16 employed.

has been billed to that Matter, and no activity codes were necessary or 17 D. Time Records 18 KVN's KVN has filed separately the detailed time records in support of this Application.

19 professional's services on time records consist of chronological time records showing individual 20 summaries.

a particular date, the time devoted to those services, and month 21 E. Client Declaration 22 before the filing.

KVN delivered the text of this Application to PG&E's management 23 period covered by this PG&E has previously received and reviewed monthly invoices for the 24 KVN will file and Application and did not object to the amounts set forth in those invoices.

25 serve PG&E's declaration as soon as it is available.

26 27 28 5

Keker & Van Nest's Second Interim Fee Application for the Period August 1, 2001 through November 30, 2001 283864.01 CASE NO. 01 30923 DM

II.

1 2 NARRATIVE STATEMENT OF SERVICES RENDERED AND TIME EXPENDED FOR EACH CATEGORY 3

analyzed potential litigation During the Application Period, KVN considered and 4

charges for electric power in the between PG&E and other parties concerning excessive 5

KVN worked with experts and with other California electric-power market. As part of that task, 6 for the excessive charges.

counsel to PG&E who are pursuing other remedies 7 sensitive and confidential KVN is assisting the Debtor in dealing with ongoing, highly 8

specify in great detail the services it is matters. As a consequence, Applicant is unable to 9

compromise Debtor's future business and providing to the Debtor, as doing so could seriously 10 the Court with additional details of the legal strategy. Applicant would be pleased to provide by some other mechanism that will ensure the services its is providing to the Debtor in camera or 12 maintenance of Debtor's confidential information.

13 1III.

EXPENSES 15 no charge for incoming facsimiles.

KVN charges clients $0.10 per page for copying and 16 charges, as reflected in its phone bill.

For outgoing facsimiles, KVN charges its actual telephone 17 For computer-assisted research, KVN bills each client's telephone and postage charges at cost.

18 discounts that amount to reflect pro the firm takes the total flat rate that it pays every month, 19 the remainder to each client based on its bono and other nonbillable usage, and then allocates 20 percentage of the remaining usage for that month.

21 KEKER & VAN NEST, L.L.P.

Dated: January 14, 2002 22 By: *AY -.

23 STEVEN A. HIRSCH 24 Special Counsel to Debtor in Possession PACIFIC GAS AND ELECTRIC 25 COMPANY 26 27 28 6

30, 2001 for the Period August 1, 2001 through November 283864.01 Keker & Van Nest's Second Interim Fee Application CASE NO. 01 30923 DM