ML020770085
| 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) 2 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 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 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 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
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Case No. 01-30923-DM 15 PACIFIC GAS AND ELECTRIC COMPANY,)
Chapter 11 a California corporation,
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16 Debtor.
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17
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18 19 SUPPLEMENTAL DECLARATION OF JOHN S. MOOT IN SUPPORT OF APPLICATION FOR ORDER APPROVING 20 EMPLOYMENT OF SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP AS SPECIAL COUNSEL FOR DEBTOR 21 AND DEBTOR IN POSSESSION 22 I, John Moot, hereby declare that the following is true to the best of my 23 knowledge, information and belief:
24
- 1.
I am a member of Skadden, Arps, Slate, Meagher & Flom LLP 25
("Skadden"), and an attorney in good standing to practice in the State of Maryland and the 26 District of Columbia. I submit this declaration to supplement the disclosure set forth in my 27 SUPPLEMENTAL DECLARATION OF JOHN S. MOOT IN SUPPORT OF APPLICATION FOR ORDER 28 APPROVING EMPLOYMENT OF SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP AS SPECIAL COUNSEL FOR DEBTOR AND DEBTOR IN POSSESSION m), &
~
'6k
1 declaration (the "Initial Declaration") sworn to on May 9, 2001, in support Skadden's retention as 2
special regulatory counsel for Pacific Gas and Electric Company ("PG&E" or the "Debtor").
3 supplemental Due Dili 4
- 2.
In addition to the entities previously disclosed in the Initial Declaration, 5
Skadden has been selected as underwriters' counsel to represent Lehman Brothers, which has 6
been selected to serve as underwriter for the public market debt to be issued by the retail gas and 7
electric distribution and sales business ("Reorganized PG&E"), the electric transmission business 8
("ETrans"), the electric generation business ("Gen"), and the gas transmission business 9
("GTrans") following confirmation of the Debtor's Plan of Reorganization (collectively, the 10 "Offerings").
11
- 3.
To date, Lehman Brothers and Skadden have only held some preliminary 12 discussions concerning the intended tax structure for the Offerings. Before Skadden will 13 commence any substantial work on this project, Skadden, Lehman Brothers, and the Debtor's 14 parent company, PG&E Corporation ("PGC"), will execute letters specifically stating that 15 Skadden's advice in connection with the Offerings will be provided only to Lehman Brothers, 16 and not to PGC or any of its affiliates. However, Skadden expects that, under the terms of PGC's 17 agreement with Lehman Brothers, some or all of Skadden' s fees will be payable by PGC. The 18 Debtor, after full disclosure, has consented orally to Skadden's representation of Lehman 19 Brothers, and Skadden will obtain written waivers in connection with the representation. In 20 addition, Skadden does not and will not in the future advise or represent the Debtor in connection 21 with any claims or causes of action that might be asserted by the Debtor against Lehman 22 Brothers, or by Lehman Brothers against the Debtor. Further, Skadden will establish ethical 23 walls to ensure that attorneys and paraprofessionals involved in the firm's representation of the 24 Debtor do not work on matters involving the firm's representation of Lehman Brothers.
25
- 4.
Skadden also formerly represented or currently represents Kekst and 26 Company, Incorporated ("Kekst") in connection with the negotiation and execution of an 27 SUPPLEMENTAL DECLARATION OF JOHN S. MOOT IN SUPPORT OF APPLICATION FOR ORDER 28 APPROVING EMPLOYMENT OF SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP AS SPECIAL COUNSEL FOR DEBTOR AND DEBTOR IN POSSESSION
Mar 05 02 01:47p p.4 I
engagement agreement between Kekst and PGC. The Debtor, after full disclosure, has consented 2
to Skadden's representation of Kekst, and Skadden has obtained written waivers in connection 3
with the representation. In addition, Skadden does not and will not in the future advise or 4
represent the Debtor in connection with any claims or causes of action that might be asserted by 5
the Debtor against Kekst, or by Kekst against the Debtor. Further, Skadden has established 6
ethical walls to ensure that attorneys and paraprofessionals involved in the firm's representation of 7
the Debtor do not work on matters involving the firm's representation of Kekst.
8 I declare under penalty of perjury under the,laws of the United States of America, 9
that the foregoing is true and correct.
10 Executed this -
day of March, 2002, at Washington, D.C.
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 John'S oot 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 282524.02-Wilmington S I A