ML021640116

Keker & Van Nest'S Cover Sheet Application for Allowance & Payment of Interim Compensation & Reimbursement of Expenses for Period April 1, 2002 Through April 30, 2002

ML021640116
Person / Time
Site:	Diablo Canyon
Issue date:	05/31/2002
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, 94-0742640
Download: ML021640116 (4)

Text

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

IROBERT A. VAN NEST (SBN 84065)

JON B. STREETER (SBN 101970)

STEVEN A. HIRSCH (SBN 171825) 3 710 Sansome Street San Francisco, CA 94111-1704 4 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 5

Special Counsel to Debtor in Possession 6 PACIFIC GAS AND ELECTRIC COMPANY 7 UNITED STATES BANKRUPTCY COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 Case No. 01 30923 DM 11 In re Chapter 11 Case 12 PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, KEKER & VAN NEST'S COVER SHEET 13 APPLICATION FOR ALLOWANCE AND Debtor. PAYMENT OF INTERIM 14 COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR 15 Federal I.D. No. 94-0742640 THE PERIOD APRIL 1, 2002 THROUGH APRIL 30, 2002 16 Judge: HON. DENNIS MONTALI 17

[NO HEARING SCHEDULED]

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25 2*6 2*7 28 ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION KEKER & VAN NEST'S COVER SHEET APPLICATION FOR FOR THE PERIOD APRIL 1, 2002 THROUGH APRIL 30, 2002 292116.01 CASE NO. 01 30923 DM

I Keker & Van Nest, L.L.P. (the "Firm") submits its Cover Sheet Application (the 2 "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 3 Expenses for the Period April 1, 2002 to April 30, 2002 (the "Application Period"). In support 4 of the Application, the Firm respectfully represents as follows:

5 1. The Firm is special counsel to Pacific Gas and Electric Company, the debtor in 6 possession in the above-referenced bankruptcy case (the "Debtor"). The Firm hereby applies to 7 the Court for allowance and payment of interim compensation for services rendered and 8 reimbursement of expenses incurred during the Application Period.

9 2. The Firm billed a total of $75,408.11 in fees and expenses during the Application 10 Period. The total fees represent 208.250 hours0.00289 days <br />0.0694 hours <br />4.133598e-4 weeks <br />9.5125e-5 months <br /> expended during the period covered by this 11 Application. These fees and expenses break down as follows:

12 Period Fees Expenses Total 13 April 1, 2002 $75,408.11 $1,967.51 $77,375.62 through April 30, 14 2002 15 3. Accordingly, the Firm seeks allowance of interim compensation in the amount of 16 a total of $66,064.40 at this time. This total is comprised as follows:

17 $64,096.89 (85% of the fees for services rendered)' plus 18 $ 1,967.51 (100% of the expenses incurred).

19 4. For the post-petition period, the Firm has been paid to date as follows:

20 $359,816.75.

21 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to this 22 Application): $4,643.79 (plus the pre-petition amount of $23,879.70).

23 6. With regard to the copies of this Application served on counsel for the 24 Committee, counsel for the Debtor and the Office of the United States Trustee, (a) attached as 25 Exhibit 1 hereto is the name of each professional who performed services in connection with this 26 27 28 Payment of this amount would result in a "holdback" of $11,311.22.

1 KEKER & VAN NEST'S COVERSHEET APPLICATION FOR ALLOWANCE AND PAYMEN I uL uNNIEIL" I KVIVIVrErA.I J FOR THE PERIOD APRIL 1, 2002 THROUGH APRIL 30, 2002 292116.01 CASE NO. 01 30923 DM

1 case during the period covered by this Application and the hourly rate for each such professional; 2 and (b) attached as Exhibit 2 is an Account Summary. The detailed time and expense statements 3 for the Application Period that comply with all Northern District of California Bankruptcy Local 4 Rules and Compensation Guidelines and the Guidelines of the Office of the United States 5 Trustee have been submitted in electronic form to the Office of the United States Trustee and 6 mailed to counsel for the Committee and to the Debtor.

7 7. The Firm will serve a copy of this Application on the Special Notice List in this 8 case on May 31, 2002.

9 8. Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE 10 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered on 11 or about July 26, 2001, and the "AMENDED ORDER ESTABLISHING INTERIM FEE 12 APPLICATION AND EXPENSE REIMBURSEMENT" which was entered on or about 13 November 8, 2001, the Debtor is authorized to make the payment requested herein without a 14 further hearing or order of this Court unless an objection to this Application is filed with the 15 Court by the Debtor, the Committee or the United States Trustee and served by the fifteenth day 16 of the month following the service of this Application. If such an objection is filed, Debtor is 17 authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and 18 believes that this Cover Sheet Application will be mailed by first class mail, post prepaid, on or 19 about May 31, 2002.

20 9. The interim compensation and reimbursement of expenses sought in this 21 Application is on account and is not final. Upon the conclusion of these cases, the Firm will seek 22 fees and reimbursement of the expenses incurred for the totality of the services rendered in this 23 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 24 Firm (along with the Firm's retainer) will be credited against such final fees and expenses as may 25 be allowed by this Court.

26 10. The Firm represents and warrants that its billing practices comply with all 27 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 28 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 2

KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 292116.01 FOR THE PERIOD APRIL 1, 2002 THROUGH APRIL 30, 2002 CASE NO. 01 30923 DM

1 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 2 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 3 except as among the members and associates of the Firm.

4 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 5 Firm as requested herein pursuant to and in accordance with the terms of the "ORDER 6 ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT 7 PROCEDURE" as amended.

8 Dated: May 31, 2002 KEKER & VAN NEST, L.L.P.

9 STEVEN A. HIRSCH 11 Special Counsel to Debtor in Possession PACIFIC GAS AND ELECTRIC 12 COMPANY 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 292116.01 FOR THE PERIOD APRIL 1, 2002 THROUGH APRIL 30, 2002 CASE NO. 01 30923 DM