ML030080057

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

ML030080057
Person / Time
Site:	Diablo Canyon
Issue date:	12/30/2002
From:	Leigh G 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: ML030080057 (4)

Text

S-6 -z75 323 1 KEKER & VAN NEST, L.L.P.

ROBERT A. VAN NEST (SBN 84065) 2 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

8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 In re Case No. 01 30923 DM 13 PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a California corporation, 14 KEKER & VAN NEST'S COVER SHEET Debtor. APPLICATION FOR ALLOWANCE AND 15 PAYMENT OF INTERIM COMPENSATION AND 16 Federal I.D. No. 94-0742640 REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1, 2002 17 THROUGH NOVEMBER 30, 2002 18 Judge: HON. DENNIS MONTALI 19 [NO HEARING SCHEDULED]

20 21 22 23 24 25 26 27 28 KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 303803.01 FOR THE PERIOD NOVEMBER 1, 2002 THROUGH NOVEMBER 30, 2002 CASE NO. 01 30923 DM

1 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 November 1, 2002 to November 30, 2002 (the "Application Period").

4 In support of the Application, the Firm respectfully represents as follows:

5 1. The Finn 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 $10,325.91 in fees and expenses during the Application 10 Period. The total fees represent 30.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 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 November 1, 2002 $ 8,910.62 $1,415.29 $10,325.91 through 14 November 30,2002 15 3. Accordingly, the Firm seeks allowance of interim compensation in the amount of 16 a total of $8,989.32 at this time. This total is comprised as follows:

17 $7,574.03 (85% of the fees for services rendered)' plus 18 $1,415.29 (100% of the expenses incurred).

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

20 $780,601.11.

21 5. To date, the Finn is 'owed as follows (excluding amounts owed pursuant to this 22 Application): $16,490.35 (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 case during the period covered by this Application and the hourly rate for each such professional; 27 Payment of this amount would result in a "holdback" of $1,336.59.

28 1

KEKER & VAN NEST'S COVERSHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION FOR THE PERIOD NOVEMBER 12002 THROUGH NOVEMBER 30,2002 303803.01 CASE NO. 01 30923 DM

I and (b) attached as Exhibit 2 is an Account Summary. The detailed time and expense statements 2 for the Application Period that comply with all Northern District of California Bankruptcy Local 3 Rules and Compensation Guidelines and the Guidelines of the Office of the United States 4 Trustee have been submitted in electronic form to the Office of the United States Trustee, 5 Federal Expressed overnight to counsel for the Committee, and hand-delivered to the Debtor.

6 7. The Firm will serve a copy ofthis Application on the Special Notice List in this 7 case on December 30, 2002.

8 8. Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE 9 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered on 10 or about July 26,2001, and the "AMENDED ORDER ESTABLISHING INTERIM FEE 11 APPLICATION AND EXPENSE REIMBURSEMENT" which was entered on or about 12 November 8, 2001, the Debtor is authorized to make the payment requested herein without a 13 further hearing or order of this Court unless an' objection to this Application is filed with the 14 Court by the Debtor, the Committee or the United States Trustee and served by the fifteenth day 15 of the month following the service of this Application. If such an objection is filed, Debtor is 16 authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and 17 believes that this Cover Sheet Application will be mailed by first class mail, postage prepaid, on 18 or about December 30, 2002.

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

25 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 26 Firm as requested herein pursuant to and in accordance with the terms of the "ORDER 27 ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT 28 PROCEDURE" as amended.

2 KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 303803.01 FOR THE PERIOD NOVEMBER 1, 2002 THROUGH NOVEMBER 30, 2002 CASE NO. 01 30923 DM

1 CERTIFICATION 2 I, G. Whitney Leigh, declare:

3 (a) That I am an associate of Keker & Van Nest, LLP ("the Firm") and a member of 4 the bar of the State of California.

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").

10 (c) That the Firm has not been paid or promised any compensation from any other II source for services rendered in connection with the Matters.

12 (d) 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 Professionalsand 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 an hour. This does not 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 1 declare under penalty of perjury that the foregoing is true and correct and that this 24 certification was executed this 30th day of December, 2002 at San Francisco, California.

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

26 By: Aý?27 z ý/4 -:!ý G. W1ITNEY LElGHi

'L 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 303803.01 FOR THE PERIOD NOVEMBER 1, 2002 THROUGH NOVEMBER 30,2002 CASE NO. 0130923 DM