ML020350445
| 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) | |
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10 11 12 13 14 15 16 17 Case No. 01 30923 DM Chapter 11 Case KEKER &VAN NEST, L.L.P.'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 Date: February 26, 2002 Time: 9:30 a.m.
Place: 235 Pine Street San Francisco, CA Judge: HON. DENNIS MONTALI
,4it Keker & Van Nest's Second Interim Fee Application for the Period August 1, 2001 through November 30, 2001 CASE NO. 01 30923 DM KEKER & VAN NEST, L.L.P.
ROBERT A. VAN NEST (SBN 84065)
JAMES M. EMERY (SBN 153630)
STEVEN A. HIRSCH (SBN 171825)
G. WHITNEY LEIGH (SBN 153457)
ROY L. AUSTIN (SBN 211491)
CLEMENT S. ROBERTS (SBN 209203) 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Special Counsel to Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Federal I.D. No. 94-0742640 18j 2:
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283864.01 I
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Name of Applicant Authorized to Provides Professional Services to:
Date of Retention Order:
Period for Which Compensation and Reimbursement is Sought:
Keker & Van Nest, L.L.P.
Pacific Gas and Electric Company, debtor and debtor in possession June 11, 2001 August 1, 2001 through November 30, 2001 Amount of Compensation Sought as Actual, Reasonable and Necessary:
Amount of Expense Reimbursement Sought as Actual, Reasonable and Necessary:
This is an:
X Interim Final application Prior Application: First Interim Application for the period April 6, 2001 through July 31, 2001 filed September 25, 2001.
TIME
SUMMARY
TO KEKER & VAN NEST, L.L.P.'S SECOND INTERIM FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD AUGUST 1, 2001 THROUGH NOVEMBER 30, 2001 Name1 Rate Partners:
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1978 1991 1994
$550.00
$350.00
$300.00 Hours 70.625 0.250 64.375 135.250 Amount
$38,843.75 87.50
$19,312.50
$58,243.75 Associates:
G. Whitney Leigh Roy L. Austin Clement S. Roberts 1991 2000 2000
$280.00
$255.00
$215.00 48.375 2.750 99.830
$13,545.00 701.35
$21,463.45 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 the Keker & Van Nest website at www.kvn.com.
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7 Year of Admission Robert A. Van Nest James M. Emery Steven A. Hirsch Total Partners 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
1 Name_
Year of Admission Rate Hours Amount 2
Total Associates 150.955
$35,709.80 3
4 Paraprofessionals:
5 BrianD. Loper N/A
$125.00 11.500
$1,437.50 6
Cathleen A. Crane N/A
$140.00 1.000 140.00 7
Total Paraprofessionals 12.500
$1,577.50 8
GRAND TOTAL 298.705
$95,531.05 9
10 DISBURSEMENTS 11 Computer Legal Reasearch
$1,496.53 12 Copying Charges
$2,909.43 13 Courier/Express/Postage
$1351.71 14 Books and Publications
$343.00 15 Business Travel, Lodging, Meals, Parking
$3,364.03 16 Professional Fees (Infotreive, Inc., Boalt Express, Integral Solutions, video 17 conferencing) 18 Conference calls
$634.80 19 Pcerks
$195.00 20 CLIENT TOTAL
$10,294.50 21 Keker & Van Nest, L.L.P. ("KVN") submits this application under 11 U.S.C. § 330 and 22 Fed. R. Bankr. P. 2016 for compensation for the services that it performed as special counsel to 23 Pacific Gas and Electric Company, debtor and debtor in possession in this case ("PG&E" or the 24 "Debtor"), from August 1, 2001 through November 30, 2001 (the "Application Period"), and for 25 reimbursement of its charges and disbursements during that period. KVN submits this 26 Application for (a) allowance of reasonable compensation for professional services rendered by 27 KVN and (b) reimbursement of actual and necessary charges and disbursements incurred by 28 KVN in rendering professional services on behalf of Debtor.
2 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
1 INTRODUCTION 2
PG&E is a utility providing gas and electric services to more than 4.5 million customers 3
in Central and Northern California, serving a population of approximately 13 million. The 4
Debtor employs over 19,000 people and has in excess of 30,000 trade creditors. On April 6, 5
2001 (the "Petition Date"), PG&E filed its Chapter 11 petition. PG&E continues to operate its 6
business in the ordinary course of a debtor in possession under Sections 1107(a) and 1008 of the 7
Bankruptcy Code.
8 A.
Retention of KVN 9
PG&E applied to retain KVN to act as its special counsel in this Chapter 11 case, in 10 accordance with section 327(e) of the Bankruptcy Code (the "Retention Application") to 11 represent the Debtor with respect to a task on which KVN had been retained by the Debtor prior 12 to commencement of this case. That task ("the Matter") requires KVN to consider and analyze 13 potential litigation between PG&E and other parties concerning excessive charges for electric 14 power in the California electric-power market. Because no action has been filed and all 15 communications regarding the Matter are privileged, PG&E and KVN cannot publicly disclose 16 any additional information about the Matter. If the Court believes that it needs additional 17 information, KVN can submit that information to the Court, under seal, pursuant to Federal Rule 18 of Bankruptcy Procedure 9018.
19 On June 11, 2001 the Court entered its Order approving PG&E's retention of KVN as 20 special counsel in this case.
21 B.
Compliance With Guidelines 22 Keker & Van Nest's billing practices and hourly rates are identical for bankruptcy and 23 non-bankruptcy clients (of which PG&E is the only one). The costs charged to PG&E are either 24 identical to or less than the costs charged to non-bankruptcy clients.
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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
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1 283864.01 C.
2016 Compensation Statement KVN has agreed not to share any compensation awarded with any other person and the source of any award authorized will be estate funds.
D.
Summary of Services The events encompassing the Debtor's bankruptcy case are set out in the application of the Debtor's general bankruptcy counsel, Howard, Rice, Nemerovski, Canady, Falk & Rabkin
("Howard Rice"). During the Application Period, KVN has considered and analyzed potential litigation between PG&E and other parties concerning excessive charges for electric power in the California electric-power market. As part of that task, KVN has worked with experts and with 0
other counsel to PG&E who are pursuing other remedies for the excessive charges.
1 E.
Compensation Requested 2
KVN's fees for its services rendered during the Application Period are $95,531.05. In 3
addition, KVN seeks reimbursement of $10,294.50 in charges and disbursements actually 4
incurred during the Application Period, for a total of $105,825.55. The firm does not hold a 5
prepetition retainer.
6 KVN requests that the Court (i) approve this Application in full and (ii) authorize and 17 direct the Debtor to pay KVN all amounts requested in this Application.
18 I.
19 INFORMATION REQUIRED BY BANKRUPTCY RULES AND GUIDELINES 20 0..
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-id f io n i c n t E v e n t s D u r i n e 21 22 23 24 25 26 27 28 A.
Brief History of Present Posture 01 Lnhe o*........
Application Period On April 6, 2001, PG&E filed its Chapter 11 petition. The significant events occurring during the Application Period are set out in Howard Rice's fee application.
KVN has worked with PG&E in connection with considering and analyzing potential litigation between PG&E and other parties concerning excessive charges for electric power in the California electric-power market. As part of that task, KVN also has worked with experts and with other counsel to PG&E who are pursuing other remedies for the excessive charges.
KVN expects that it will continue to assist the Debtor in connection with the Matter.
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Major Activity Codes Used KVN has been engaged in only a single Matter, described above. Accordingly, all time has been billed to that Matter, and no activity codes were necessary or employed.
D.
Time Records KVN has filed separately the detailed time records in support of this Application. KVN's time records consist of chronological time records showing individual professional's services on a particular date, the time devoted to those services, and month summaries.
E.
Client Declaration KVN delivered the text of this Application to PG&E's management before the filing.
PG&E has previously received and reviewed monthly invoices for the period covered by this Application and did not object to the amounts set forth in those invoices. KVN will file and serve PG&E's declaration as soon as it is available.
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Listing of Amount of Fees and Expenses Previously Requested, Approved, and Received
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The Court's Order Approving KVN's Retention This Court granted PG&E's application for authorization to retain KVN as its special counsel on June 11, 2001. The firm's services began on August 30, 2000.
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Court's Approval of Compensation for First Interim Period On November 6, 2001, this Court approved Keker & Van Nest's entire request for compensation for the First Interim Period (April 6, 2001 through July 31, 2001). The Court approved $218,413.46 in fees and $11,844.84 in costs.
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The Request for Compensation for the Second Interim Period By this Application, KVN seeks approval of compensation and reimbursement of expenses in the total amount of $105,825.55, which consists of $95,531.05 in fees and
$10,294.50 in costs and disbursements for the period August 1, 2001 through November 30, 2001.
U 283864.01
1 II.
2 NARRATIVE STATEMENT OF SERVICES RENDERED AND TIME EXPENDED FOR EACH CATEGORY 3
During the Application Period, KVN considered and analyzed potential litigation 4
between PG&E and other parties concerning excessive charges for electric power in the 5
California electric-power market. As part of that task, KVN worked with experts and with other 6
counsel to PG&E who are pursuing other remedies for the excessive charges.
7 KVN is assisting the Debtor in dealing with ongoing, highly sensitive and confidential 8
matters. As a consequence, Applicant is unable to specify in great detail the services it is 9
providing to the Debtor, as doing so could seriously compromise Debtor's future business and 10 legal strategy. Applicant would be pleased to provide the Court with additional details of the services its is providing to the Debtor in camera or by some other mechanism that will ensure the 12 maintenance of Debtor's confidential information.
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EXPENSES 15 KVN charges clients $0.10 per page for copying and no charge for incoming facsimiles.
16 For outgoing facsimiles, KVN charges its actual telephone charges, as reflected in its phone bill.
17 KVN bills each client's telephone and postage charges at cost. For computer-assisted research, 18 the firm takes the total flat rate that it pays every month, discounts that amount to reflect pro 19 bono and other nonbillable usage, and then allocates the remainder to each client based on its 20 percentage of the remaining usage for that month.
21 Dated: January 14, 2002 KEKER & VAN NEST, L.L.P.
22 23 By:
- AY 24 STEVEN A. HIRSCH Special Counsel to Debtor in Possession 25 PACIFIC GAS AND ELECTRIC COMPANY 26 27 28 6
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