ML020770085

Supplemental Declaration of John S. Moot in Support of Application for Order Approving Employment of Skadden, Arps, Slate, Meagher & Flom Llp as Special Counsel for Debtor and Debtor in Possession

ML020770085
Person / Time
Site:	Diablo Canyon
Issue date:	03/05/2002
From:	Moot J Pacific Gas & Electric Co, Skadden, Arps, Slate, Meagher & Flom, LLP
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923-DM
Download: ML020770085 (3)

Text

.1 t - ~3 1 RICHARD LEVIN (CA State Bar No. 66578)

JAMIE L. EDMONSON (CA State Bar No. 185384)LLP 2 SKADDEN, ARPS, SLATE, MEAGHER & FLOM 300 South Grand Avenue, Suite 3400 3 Los Angeles, California 90071-3144 Telephone: 213/687-5000 4 Facsimile: 213/687-5600 5 JOHN S. MOOT LLP SKADDEN, ARPS, SLATE, MEAGHER & FLOM 6 1440 New York Avenue, N.W.

Washington, D.C. 20005-2111 7 Telephone: 202/371-7000 Facsimile: 202/393-5760 8

9 Special Counsel for Pacific Gas and Electric Company, Debtor and Debtor in Possession 10 11 UNITED STATES BANKRUPTCY COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 In re ) Case No. 01-30923-DM Chapter 11 15 PACIFIC GAS AND ELECTRIC COMPANY,)

a California corporation, )

Debtor. )

16 17

)

18 S. MOOT 19 SUPPLEMENTAL DECLARATION OF JOHNAPPROVING IN SUPPORT OF APPLICATION FOR ORDER MEAGHER &

20 EMPLOYMENT OF SKADDEN, ARPS, SLATE, FLOM LLP AS SPECIAL COUNSEL FOR DEBTOR 21 AND DEBTOR IN POSSESSION true to the best of my 22 I, John Moot, hereby declare that the following is 23 knowledge, information and belief:

Flom LLP 24 1. I am a member of Skadden, Arps, Slate, Meagher &

Maryland and the 25 ("Skadden"), and an attorney in good standing to practice in the State of to supplement the disclosure set forth in my 26 District of Columbia. I submit this declaration 27 MOOT IN SUPPORT OF APPLICATION FOR ORDER SUPPLEMENTAL DECLARATION OF JOHN S.

APPROVING EMPLOYMENT OF SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP AS SPECIAL COUNSEL 28 FOR DEBTOR AND DEBTOR IN POSSESSION m), & ~ '6k

retention as sworn to on May 9, 2001, in support Skadden's 1 declaration (the "Initial Declaration")

or the "Debtor").

counsel for Pacific Gas and Electric Company ("PG&E" 2 special regulatory 3 supplemental Due Dili in the Initial Declaration,

2. In addition to the entities previously disclosed 4 which has as underwriters' counsel to represent Lehman Brothers, 5 Skadden has been selected by the retail gas and as underwriter for the public market debt to be issued 6 been selected to serve transmission business and sales business ("Reorganized PG&E"), the electric 7 electric distribution business ("Gen"), and the gas transmission business 8 ("ETrans"), the electric generation (collectively, the confirmation of the Debtor's Plan of Reorganization 9 ("GTrans") following 10 "Offerings").

have only held some preliminary

3. To date, Lehman Brothers and Skadden 11 will intended tax structure for the Offerings. Before Skadden 12 discussions concerning the the Debtor's work on this project, Skadden, Lehman Brothers, and 13 commence any substantial stating that Corporation ("PGC"), will execute letters specifically 14 parent company, PG&E to Lehman Brothers, in connection with the Offerings will be provided only 15 Skadden's advice of PGC's However, Skadden expects that, under the terms its affiliates.

16 and not to PGC or any of The some or all of Skadden' s fees will be payable by PGC.

Brothers, 17 agreement with Lehman of Lehman disclosure, has consented orally to Skadden's representation 18 Debtor, after full In obtain written waivers in connection with the representation.

19 Brothers, and Skadden will in connection and will not in the future advise or represent the Debtor not 20 addition, Skadden does Lehman causes of action that might be asserted by the Debtor against 21 with any claims or will establish ethical Lehman Brothers against the Debtor. Further, Skadden 22 Brothers, or by the involved in the firm's representation of and paraprofessionals 23 walls to ensure that attorneys Brothers.

work on matters involving the firm's representation of Lehman 24 Debtor do not and also formerly represented or currently represents Kekst 25 4. Skadden of an in connection with the negotiation and execution

("Kekst")

26 Company, Incorporated 27 OF APPLICATION FOR ORDER OF JOHN S. MOOT IN SUPPORT SPECIAL COUNSEL SUPPLEMENTAL DECLARATION MEAGHER & FLOM LLP AS EMPLOYMENT OF SKADDEN, ARPS, SLATE, 28 APPROVING IN POSSESSION FOR DEBTOR AND DEBTOR

p.4 Mar 05 02 01:47p The Debtor, after full disclosure, has consented I engagement agreement between Kekst and PGC.

Skadden has obtained written waivers in connection 2 to Skadden's representation of Kekst, and does not and will not in the future advise or 3 with the representation. In addition, Skadden be asserted by any claims or causes of action that might 4 represent the Debtor in connection with established against the Debtor. Further, Skadden has 5 the Debtor against Kekst, or by Kekst of paraprofessionals involved in the firm's representation 6 ethical walls to ensure that attorneys and the firm's representation of Kekst.

7 the Debtor do not work on matters involving

,laws of the United States of America, 8 I declare under penalty of perjury under the 9 that the foregoing is true and correct.

10 Executed this - day of March, 2002, at Washington, D.C.

11 12 John'S oot 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 FOR ORDER, S. MOOT IN SUPPORT OF APPLICATION SUPPLEMENTAL DECLARATION OF JOHN & FLOM LLP AS SPECIAL COUNSEL 28 APPROVING EMPLOYMENT OF SKADDEN, ARPS, SLATE, MEAGHER FOR DEBTOR AND DEBTOR IN POSSESSION 282524.02-Wilmington S IA