ML030580414
| ML030580414 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 02/20/2003 |
| From: | Streeter J 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 D M, 94-0742640 | |
| Download: ML030580414 (13) | |
Text
1 KEKER & VAN NEST, L.L.P.
ROBERT A. VAN NEST (SBN 84065) 2 JON B. STREETER (SBN 101970)
DANIEL E. PURCELL (SBN 191424) 3 G. WHITNEY LEIGH (SBN 153457)
CLEMENT S. ROBERTS (SBN 209203) 4 710 Sansome Street San Francisco, CA 94111-1704 5 Telephone: (415) 391-5400 *0 3 Facsimile: (415) 397-7188 6
Special Counsel to Debtor in Possession 7 PACIFIC GAS AND ELECTRIC COMPANY 8
9 UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 In re Case No. 01 30923 DM 14 PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a California corporation, 15 KEKER & VAN NEST'S Debtor. COVER SHEET APPLICATION FOR 16 ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 17 Federal I.D. No. 94-0742640 REIMBURSEMENT OF EXPENSES (1) FOR THE PERIOD JANUARY 1, 2003 18 TO JANUARY 31, 2003; and (2) FOR THE PERIOD OCTOBER 16, 19 2002 TO DECEMBER 31, 2002 (Pursuant to Recent Order 20 Broadening Scope of Employment) 21 Judge: HON. DENNIS MONTALI 22 [NO HEARING SCHEDULED]
23 24 25 26 27 28 KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (1) FOR THE PERIOD JANUARY 1, 2003 TO JANUARY 31, 2003, AND (2) FOR THE PERIOD OCTOBER 16,2002 TO 306683 01 DECEMBER 31, 2002 (PURSUANT TO RECENT ORDER BROADENING SCOPE OF EMPLOYMENT)
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 January 1, 2003 to January 31, 2003, and in addition, pursuant to the 4 Order Granting Application of Debtor and Debtor-In-Possession to Broaden Scope of 5 Employment of Keker & Van Nest, L.L.P. as Special Counsel entered on January 14, 2003, for 6 the period October 16, 2002 to December 31, 2002 (collectively, the "Application Period").
7 In support of the Application, the Firm respectfully represents as follows:
8 1. The Firm is special counsel to Pacific Gas and Electric Company, the debtor in 9 possession in the above-referenced bankruptcy case (the "Debtor"). The Firm hereby applies to 10 the Court for allowance and payment of interim compensation for services rendered and 11 reimbursement of expenses incurred during the Application Period.
12 2. The Firm billed a total of $209,817.34 in fees and expenses during the 13 Application Period. The total fees represent 476.50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br /> expended during the period covered 14 by this Application. These fees and expenses break down as follows:
15 16 Period Fees Expenses Total 17 October 16, 2002 to $106,276.25 $ 5,382.99 $111,659.24 December 31, 2002 18 (Power Line &
Natural Gas matters) 19 January 1, 2003 to 20 January 31, 2003 $95,686.20 $ 2,471.90 $ 98,158.10 21 22 3. Accordingly, the Firm seeks allowance of interim compensation in the amount of 23 a total of $179,522.97 at this time. This total is comprised as follows:
24 $171,668.08 (85% of the fees for services rendered) 1 plus 25 $ 7,854.89 (100% of the expenses incurred).
26 27 28 1,Payment of this amount would result in a "holdback" of $30,294.37.
1 KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (1) FOR THE PERIOD JANUARY 1, 2003 TO JANUARY 31, 2003, AND (2) FOR THE PERIOD OCTOBER 16,2002 TO DECEMBER 31, 2002 (PURSUANT TO RECENT ORDER BROADENING SCOPE OF EMPLOYMENT) 306683 01 CASE NO. 0130923 DM
1 4. For the post-petition period, the Firm has been paid to date as follows:
2 $798,357.14.
3 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to this 4 Application): $26,355.13 (plus the pre-petition amount of $23,879.70).
5 6. With regard to the copies of this Application served on counsel for the 6 Committee, counsel for the Debtor and the Office of the United States Trustee, (a) attached as 7 Exhibit 1 hereto is the name of each professional who performed services in connection with this 8 case during the period covered by this Application and the hourly rate for each such professional; 9 and (b) attached as Exhibit 2 is an Account Summary. The detailed time and expense statements 10 for the Application Period that comply with all Northern District of California Bankruptcy Local 11 Rules and Compensation Guidelines and the Guidelines of the Office of the United States 12 Trustee have been submitted in electronic form to the Office of the United States Trustee and 13 mailed to counsel for the Committee and to the Debtor.
14 7. The Firm will serve a copy of this Application on the Special Notice List in this 15 case on February 20, 2003.
16 8. Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE 17 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE", which was entered on 18 or about July 26, 2001, and the "AMENDED ORDER ESTABLISHING INTERIM FEE 19 APPLICATION AND EXPENSE REIMBURSEMENT", which was entered on or about 20 November 8, 2001, the Debtor is authorized to make the payment requested herein without a 21 further hearing or order of this Court unless an objection to this Application is filed with the 22 Court by the Debtor, the Committee or the United States Trustee and served by the fifteenth day 23 of the month following the service of this Application. If such an objection is filed, Debtor is 24 authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and 25 believes that this Cover Sheet Application will be mailed by first class mail, post prepaid, on or 26 about February 20, 2003.
27 28 2
KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (1) FOR THE PERIOD JANUARY 1, 2003 TO JANUARY 31, 2003, AND (2) FOR THE PERIOD OCTOBER 16,2002 TO DECEMBER 31, 2002 (PURSUANT TO RECENT ORDER BROADENING SCOPE OF EMPLOYMENT) 306683 01 CASE NO. 0130923 DM
1 9. The interim compensation and reimbursement of expenses sought in this 2 Application is on account and is not final. Upon the conclusion of these cases, the Firm will seek 3 fees and reimbursement of the expenses incurred for the totality of the services rendered in this 4 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 5 Firm (along with the Firm's retainer) will be credited against such final fees and expenses as may 6 be allowed by this Court.
7 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 8 Firm as requested herein pursuant to and in accordance with the terms of the "ORDER 9 ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT 10 PROCEDURE" as amended.
11 12 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 (1) FOR THE PERIOD JANUARY 1, 2003 TO JANUARY 31, 2003, AND (2) FOR THE PERIOD OCTOBER 16,2002 TO 306683.01 DECEMBER 31, 2002 (PURSUANT TO RECENT ORDER BROADENING SCOPE OF EMPLOYMENT)
CASE NO. 0130923 DM
SIt'yql If **"* "*.q/"
1 tCK11HtCA1 UI'N 2 I, Jon B. Streeter, declare:
3 (a) That I am a member of Keker & Van Nest LLP ("KVN") and of the bar of the 4 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 11 source for services rendered in connection with the Matters.
12 C- (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 20th day of February, 2003 at San Francisco, California.
25 KEAN NEST, L.L.P.
26 By:
27 oun e to e tor in Possession PACIF GAS AND ELECTRIC CO.
28 4
KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (1) FOR THE PERIOD JANUARY 1, 2003 TO JANUARY 31, 2003, AND (2) FOR THE PERIOD OCTOBER 16,2002 TO 306683.01 DECEMBER 31, 2002 (PURSUANT TO RECENT ORDER BROADENING SCOPE OF EMPLOYMENT)
CASE NO. 0i139.5.UM
EXHIBIT 1 SCHEDULE OF HOURLY RATES Keker & Van Nest, L.L.P.
Effective January 1, 2001 Re: Power GeneratorMatter NAME HOURLY RATE ROBERT A. VAN NEST $550.00 JAMES M. EMERY $350.00 STEVEN A. HIRSCH $300.00 G. WHITNEY LEIGH $280.00 ROY L. AUSTIN, JR. $255.00 CLEMENT S. ROBERTS $215.00 BRYAN D. LOPER $125.00 (Nofees or expenses incurredJanuary 1, 2003 to January31, 2003 in the Power GeneratorMatter)
EXHIBIT 1 SCHEDULE OF HOURLY RATES RE POWER GENERATOR MATTER 26806001
EXHIBIT 1 SCHEDULE OF HOURLY RATES Keker & Van Nest, L.L.P.
Effective January 1, 2002 Re: SierraPacificIndustries,Inc. v. PG&E, et aL Sacramento County Superior Court No. 01 AS02027 NAME HOURLY RATE ROBERT A. VAN NEST $600.00 JON B. STREETER $500.00 STEVEN A. HIRSCH $350.00 DANIEL E. PURCELL $270.00 ROBERT A. BONTA $250.00 BRYAN D. LOPER $140.00 JOSH D. MAREMONT $160.00 EXHIBIT I SCHEDULE OF HOURLY RATES RE SIERRA PACIFIC INDUSTRIES, INC. V. PG&E, ET AL.
268060.01
EXHIBIT 1 SCHEDULE OF HOURLY RATES Keker & Van Nest, L.L.P.
Effective December 5, 2002 Re: Blank Check Committee NAME HOURLY RATE ROBERT A. VAN NEST $600.00 ETHAN A. BALOGH $325.00 CLEMENT S. ROBERTS $230.00 BRYAN D. LOPER $140.00 OLIN A. ERICKSEN $90.00 EXHIBIT 1 SCHEDULE OF HOURLY RATES RE BLANK CHECK COMMITTEE 268060.01
EXHIBIT I SCHEDULE OF HOURLY RATES Keker & Van Nest, L.L.P.
Effective September 1, 2002 Re: PowerLine Matter NAME HOURLY RATE ROBERT A. VAN NEST $600.00 JON B. STREETER $500.00 STEVEN A. HIRSCH $350.00 DANIEL E. PURCELL $270.00 EXHIBIT 1 SCHEDULE OF HOURLY RATES RE POWER LINE MATTER 268060 01
EXHIBIT 1 SCHEDULE OF HOURLY RATES Keker & Van Nest, L.L.P.
Effective September 1, 2002 Re: Natural Gas Matter NAME HOURLY RATE ROBERT A. VAN NEST $600.00 JON B. STREETER $500.00 STEVEN A. HIRSCH $350.00 DANIEL E. PURCELL $270.00 EXHIBIT 1 SCHEDULE OF HOURLY RATES RE NATURAL GAS MATTER 268060.01
EXHIBIT 2 DETAILED STATEMENTS (NOT INCLUDED WfITH ORIGINAL) 268060 01
I PROOF OF SERVICE 2 I am employed in the City and County of San Francisco, State of California in the office of a member of the bar of this court at whose direction the following service was made. I am 3 over the age of eighteen years and not a party to the within action. My business address is Keker 4 & Van Nest, LLP, 710 Sansome Street, San Francisco, California 94111-1704.
5 On February 20, 2003, I served the following document:
6 KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES 7 (1)FOR THE PERIOD JANUARY 1, 2003 to JANUARY 31 2003" and (2) FOR THE PERIOD OCTOBER 16, 2002 to DECEMBEk 31, 1002 8 (Pursuant to Recent Order Broadening Scope of Employment) 9 0l by FEDERAL EXPRESS, by placing a true and correct copy in a sealed envelope addressed as shown below. I am readily familiar with the practice of Keker & Van Nest, LLP for correspondence for delivery by FedEx Corporation. According to that practice, items are retrieved daily by a FedEx Corporation 10 -employee for overnight delivery.
11 Patricia A. Cutler, Assistant U.S. Trustee Paul S. Aronzon, Esq.
12 Robert J. Moore, Esq.
Stephen L. Johnson, Trial Attorney 13 Edward G. Myrtle, Trial Attorney Milbank, Tweed, Hadley & McCloy U.S. Department of Justice 601 South Figueroa Street 14 Office of the U.S. Trustee Los Angeles, CA 90017 250 Montgomery Street, Suite 1000 15 San Francisco, CA 94104 Phone: 213-892-4000 16 Phone: 415-705-3333 17 18 19 James L. Lopes 20 William J. Lafferty Howard, Rice, Nemerovsky, 21 Canady, Falk & Rabkin Three Embarcadero Center, Seventh Floor 22 San Francisco, CA 94111 23 Phone: 415-399-3015 24 25 26 27 28 PROOF OF SERVICE 27595501 CASE NO. 01 30923 DM
I 0 On this date, a detailed time and expense statement for the Application Period complying with all Northern 2 District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee was served by electronic transmissionon the following:
3 4
U.S. Department of Justice 5 Office of the U.S. Trustee 250 Montgomery Street, Suite 1000 6 San Francisco, CA 94104 michael.sormaardnausdoi.2ov 7
and 8 stephen.johnson2(qusdoj.gov 9
I declare under penalty of perjury under the laws of the State of California that the above 10 is true and correct.
11 Executed on February 20, 2003, at San Francisco, California.
12 13 14 Mn Dollinger 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE 275955.01 CASE NO. 0130923 DM