ML022820171
| ML022820171 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/30/2002 |
| 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: ML022820171 (4) | |
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9 10 11 In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Federal I.D. No. 94-0742640 Case No. 01 30923 DM Chapter 11 Case KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD AUGUST 1, 2002 THROUGH AUGUST 31,2002 Judge: HON: DENNIS MONTALI
[NO HEARING SCHEDULED]
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KEKER & VAN NEST, L.L.P.
ROBERT A. VAN NEST (SBN 84065)
JON B. STREETER (SBN 101970)
STEVEN A. HIRSCH (SBN 171825) 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 KIN 298485.01 KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION FOR THE PERIOD AUGUST 1, 2002 THROUGH AUGUST 31, 2002 CASE NO. 0130923 DM
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Period Fees Expenses Total August 1, 2002
$28,522.46
$179.26
$28,701.72 through August 31, 2002
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Accordingly, the Firm seeks allowance of interim compensation in the amount of a total of $24,423.35 at this time. This total is comprised as follows:
$24,244.09 (85% of the fees for services rendered)' plus
$179.26 (100% of the expenses incurred).
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For the post-petition period, the Firm has been paid to date as follows:
$654,179.83.
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To date, the Finn is owed as follows (excluding amounts owed pursuant to this Application): $92,305.53 (plus the pre-petition amount of $23,879.70).
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With regard to the copies of this Application served on counsel for the Committee, counsel for the Debtor and the Office of the United States Trustee, (a) attached as Exhibit 1 hereto is the name of each professional who performed services in connection with this case during the period covered by this Application and the hourly rate for each such professional; and (b) attached as Exhibit 2 is an Account Summary. The detailed time and expense statements 1
Keker & Van Nest, L.L.P. (the "Firm") submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period August 1, 2002 to August 31, 2062 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
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The Firm is special counsel to Pacific Gas and Electric Company, the debtor in possession in the above-referenced bankruptcy case (the "Debtor"). The Firm hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during the Application Period.
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The Firm billed a total of $28,701.72 in fees and expenses during the Application Period. The total fees represent 74.375 hours0.00434 days <br />0.104 hours <br />6.200397e-4 weeks <br />1.426875e-4 months <br /> expended during the period covered by this Application. These fees and expenses break down as follows:
298485 01 KtJEKE OR VAN NESTS COVERSHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION FOR THE PERIOD AUGUST 1 2002 THROUGH AUGUST 31, 2002 CASE NO. 0130923 DM
1 for the Application Period that comply with all Northern District of California Bankruptcy Local 2
Rules and Compensation Guidelines and the Guidelines of the Office of the United States 3
Trustee have been submiitted in electronic form to the Office of the United States Trustee and 4
mailed to counsel for the Committee and to the Debtor.
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The Firm will serve a copy of this Application on the Special Notice List in this 6
case on September 30, 2002.
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Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE 8
APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered on 9
or about July 26,2001, and the "AMENDED ORDER ESTABLISHING INTERIM FEE 10 APPLICATION AND EXPENSE REIMBURSEMENT" which was entered on or about 11 November 8, 2001, the Debtor is authorized to make the payment requested herein without a 12 further hearing or order of this Court unless an objection to this Application is filed with the 13 Court by the Debtor, the Committee or the United States Trustee and served by the fifteenth day
.14 of the month following the service of this Application. If such an objection is filed, Debtor is 15 authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and 16 believes that this Cover Sheet Application will be mailed by first class mail, post prepaid, on or 17 about September 30, 2002.
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The interim compensation and reimbursement of expenses sought in this 19 Application is on account and is not finai. Upon the conclusion of these cases, the Firm will seek 20 fees and reimbursement of the expenses incurred for the totality of the services rendered in this 21 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 22 Firm (along with the Firm's retainer) will be credited against such final fees and expenses as may 23 be allowed by this Court.
24 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 25 Firm as requested herein pursuant to and in accordance with the terms of the "ORDER 26 ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT 27 PROCEDURE" as amended.
28 Payment of this amount would result in a "holdback" of $4,278.37.
2 KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 29848501 FOR THE PERIOD AUGUST l 2002 T"HRO*G H.1 At tCt trT ' 1 9200 II CASE NO. 01 30923 DM
1 CERTIFICATION 2
I, Steven A. Hirsch, declare:
3 (a)
That I ahm a member of Keker & Van Nest LLP ("the Finn") and of the bar of the 4
States of California, New York, and Connecticut, and of the bar of the District of Columbia.
5 (b)
That I am familiar with and have read the above Cover Sheet Application and that 6
the facts therein are true to my knowledge and belief. The copies of the billing statements 7
attached to this Cover Sheet Application are true and correct copies of the billing statements of 8
Pacific Gas and Electric Company ("the Debtor') for the matters in which the Firm is currently 9
retained by the Debtor ("the Matters").
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That the Firm has not been paid or promised any compensation from any other 11 source for services rendered in connection with the Matters.
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That the Firm has not entered into any agreement or understanding with any other 13 entity for the sharing of compensation received or to be received for services rendered and/or to 14 be rendered in connection with the Matters.
15 (e)
That to the best of my knowledge, information, and belief, the compensation and 16 expense reimbursement sought herein is in conformity with the Guidelinesfor Compensation 17 and Expense Reimbursement of Professionals and Trustees for the United States Bankruptcy 18 Court for the Northern District of California, except for the following: The Firm's computer 19 system is not set up to bill in tenths of an hour. Instead, the Firm is required to bill in eighths of 20 iin hour. This does hot result in the rounding up of total time billed to the Debtor.
21 (f)
That the compensation and expenses sought herein were billed at rates no less 22 favorable than those customarily billed by the Firm and generally accepted by the Firm's clients.
23 I declare under penalty of perjury that the foregoing is true and correct and that this 24 certification was executed this 30th day of September, 2002' at San Francisco, California.
25 KEKER & VAN NEST, L.L.P.
26 By:
a
-V"C/K STEVEN A. HIRSCH 27 Special Counsel to Debtor in Possession PACIFIC GAS AND ELECTRIC 28
-COMPANY 3
KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 29848501 FOR THE PERIOD AUGUST 1, 2002 THROUGH AUGUST 31. 2002 CASE NO. 0130923 DM II