ML031260423
| ML031260423 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/25/2003 |
| 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 DM, 94-0742640 | |
| Download: ML031260423 (13) | |
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9 10 I11 12 KEKER & VAN NEST, L.L.P.
ROBERT A. VAN NEST (SBN 84065)
JON B. STREETER (SBN 101970)
DANIEL E. PURCELL (SBN 191424)
G. WHITNEY LEIGH (SBN 153457)
CLEMENT S. ROBERTS (SBN 209203) 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 13 14 15 16 17 18 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 MARCH 1, 2003 TO MARCH 31, 2003 19 20 21 22 23 24 25 26 27 28 Judge: HON. DENNIS MONTALI
[NO HEARING SCHEDULED]
1-bK~oC 310443.01 KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION FOR THE PERIOD MARCH 1, 2003 TO MARCH 31, 2003 CASE NO. 01 30923 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 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 March 1, 2003 to March 31, 2003 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
- 1.
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.
- 2.
The Firm billed a total of $108,746.70 in fees and expenses during the Application Period. The total fees represent 252.25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br /> expended during the period covered by this Application. These fees and expenses break down as follows:
Period Fees Expenses Total March 1, 2003 to
$102,126.24
$6,620.46
$108,746.70 March 31, 2003
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the amount of a total of $93,427.76 at this time. This total is comprised as follows:
$86;807.30 (85% of the fees for services rendered)' plus
$ 6,620.46 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:
$1,056,372.13.
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To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application): $41,508.92 (plus the pre-petition amount of $23,879.70).
- 6.
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; Payment of this amount would result in a "holdback" of $15,318.94.
KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION FORTHE PERIOD MARCH 1, 2003 TO MARCH 31, 2003 CASE NO. 01 30923 DM 310443.01
1 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 and 5
mailed to counsel for the Committee and to the Debtor.
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- 7.
The Firm will serve a copy of this Application on the Special Notice List in this 7
case on April 28, 2003.
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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 II 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 April 28, 2003.
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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 FOR TIE PERIOD MARCH 1, 2003 TO MARCH 31,2003 CASE NO.01 30923 DM 31044301
I CERTIFICATION 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 (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 Guidelines for 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 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 I declare under penalty of perjury that the foregoing is true and correct and that this 24 certification was executed this 25th day of April, 2003 at San Francisco, California.
25 KEKE vV
~F,.P.
26 By:
J9J.
ST(EETER 27 9prcial 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 FOR THE PERIOD MARCH 1, 2003 TO MARCH 31, 2003 CASE NO. 01 30923 DM 310443.01
EXHIBIT 1 SCHEDULE OF HOURLY RATES Keker & Van Nest, L.L.P.
Effective January 1, 2001 Re: Power Generator Matter (POWER)
NAME ROBERT A. VAN NEST JAMES M. EMERY STEVEN A. HIRSCH G. WHITNEY LEIGH CLEMENT S. ROBERTS BRYAN D. LOPER CASE ASSISTANTS HOURLY RATE
$550.00
$350.00
$300.00
$280.00
$215.00
$125.00
$ 60.00 EXHIBIT I SCHEDULE OF HOURLY RATES RE POWER GENERATOR MATTER 268060.01
EXHIBIT 1 SCHEDULE OF HOURLY RATES Keker & Van Nest, LLP.
Effective January 1, 2002 Re: Sierra Pacific Industries, Inc. v. PG&E, et al. (SPI)
Sacramento County Superior Court No. 01 AS02027 NAME ROBERT A. VAN NEST JON B. STREETER STEVEN A. HIRSCH DANIEL E. PURCELL ROBERT A. BONTA JOSH D. MAREMONT BRYAN D. LOPER HOURLY RATE
$600.00
$500.00
$350.00
$270.00
$250.00
$160.00
$140.00 EXHIBIT 1 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 (PROPD)
NAME ROBERT A. VAN NEST ETHAN A. BALOGH CLEMENT S. ROBERTS BRYAN D. LOPER OLIN A. ERICKSEN HOURLY RATE
$600.00
$325.00
$230.00
$140.00
$90.00 I
EXHIBIT I SCHEDULE OF HOURLY RATES RE BLANK CHECK COMMITTEE 268060 01
EXHIBIT 1 SCHEDULE OF HOURLY RATES Keker & Van Nest, L.L.P.
Effective August 27, 2002 Re: PowerLineMatter (HERN)
NAME ROBERT A. VAN NEST JON B. STREETER MARK A. LEMLEY STEVEN A. HIRSCH G. WHITNEY LEIGH DANIEL E. PURCELL BRYAN D. LOPER HOURLY RATE
$600.00
$500.00
$425.00
$350.00
$300.00
$270.00
$140.00 EXHIBIT 1 SCHEDULE OF HOURLY RATES RE POWER LINE MATTER 26806001
EXHIBIT 1 SCHEDULE OF HOURLY RATES Keker & Van Nest, L.L.P.
Effective October 16, 2002 Re: Natural Gas Matter (GAS)
NAME ROBERT A. VAN NEST JON B. STREETER STEVEN A. HIRSCH DANIEL E. PURCELL BRYAN D. LOPER BRIAN J. TROXEL HOURLY RATE
$600.00
$500.00
$350.00
$270.00
$140.00
$ 90.00 EXHIBIT 1 SCHEDULE OF HOURLY RATES RE NATURAL GAS MATTER 268060 01
EXHIBIT 1 SCHEDULE OF HOURLY RATES Keker & Van Nest, L.L.P.
Effective February 7, 2003 Re: Qualifying Facilities Matter (QF)
NAME ROBERT A. VAN NEST JON B. STREETER STEVEN A. HIRSCH DANIEL E. PURCELL BRYAN D. LOPER HOURLY RATE
$650.00
$580.00
$380.00
$300.00
$150.00 EXHIBIT 1 SCHEDULE OF HOURLY RATES RE SIERRA PACIFIC INDUSTRIES, INC. V. PG&E, ET AL.
268060 01
EXHIBIT 2 DETAILED STATEMENTS (NOT INCLUDED WIli ORIGINAL) 268060 01
1 PROOF OF SERVICE 2
1, Jeanne Dollinger, declare as follows:
3 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 over the age of eighteen years and not a party to the within action. My business address is Keker 5
& Van Nest, LLP, 710 Sansome Street, San Francisco, California 94111-1704.
6 On April 28, 2003, I served the following document:
7 KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM 8
COMPENSATION AND REIMBURSEMENT OF EXPENSES 9
FOR THE PERIOD MARCH 1, 2003 TO MARCH 31, 2003 by FEDERAL EXPRESS, by placing a true and correct copy in a sealed envelope addressed as shown below. I am 10 readily familiar with the practice of Keker & Van Nest, LLP for correspondence for delivery by FedEx Corporation.
11 According to that practice, items are retrieved daily by a FedEx Corporation employee for overnight delivery.
Patricia A. Cutler, Assistant U.S. Trustee Paul S. Aronzon, Esq.
12 Stephen L. Johnson, Trial Attorney Robert J. Moore, Esq.
Edward G. Myrtle, Trial Attorney Milbank, Tweed, Hadley & McCloy 13 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 16 James L. Lopes William J. Lafferty 17 Howard, Rice, Nemerovsky, 18 Canady, Falk & Rabkin Three Embarcadero Center, Seventh Floor 19 San Francisco, CA 94111 20 On this date, a detailed time and expense statement for the Application Period complying 21 with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee was served by electronic 22 transmission on the following:
23 U.S. Department of Justice 24 Office of the U.S. Trustee 250 Montgomery Street, Suite 1000 25 San Francisco, CA 94104 26 michael.sorgaard(iusdoj.aov 27 and stephen.johnson2(,usdoj.gov 28 PROOF OF SERVICE 275955.01 CASE NO. 01 30923 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 I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
Executed on April 28, 2003, at San Francisco, California.
P X
JeI ~olinger 0
275955.01 PROOF OF SERVICE CASE NO. 01 30923 DM