ML041410207

Keker & Van Nest'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period April 1, 2004 to April 12, 2004

ML041410207
Person / Time
Site:	Diablo Canyon
Issue date:	04/12/2004
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: ML041410207 (9)

Text

1 KEKER & VAN NEST, LLP ROBERT A. VAN NEST - #84065 2 JON B. STREETER - #101970 DANIEL E. PURCELL - #191424 3 G. WHITNEY LEIGH - #153457 CLEMENT S. ROBERTS - #209203 4 710 Sansome Street San Francisco, CA 94111-1704 5 Telephone: (415) 391-5400 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 Federal ID No. 94-0742640 INTERIM COMPENSATION AND 17 REIMBURSEMENT OF EXPENSES FOR THE PERIOD APRIL 1, 2004 18 TO APRIL 12,2004 19 Judge: HON. DENNIS MONTALI 20 [NO HEARINGS SCHEDULED]

21 22 23 24 25 26 27 28 r-iAm KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 331923.01 REIMBURSEMENT OF EXPENSES FOR THE PERIOD APRIL 1, 2004 TO APRIL 12,2004 CASE NO. 01 30923 DM

1 Keker & Van Nest, LLP (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 Aprill, 2004 to April 12, 2004 (the "Application Period"). In support 4 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 $32,119.70 in fees and expenses during the Application 10 Period. The total fees represent 109.100 hours0.00116 days <br />0.0278 hours <br />1.653439e-4 weeks <br />3.805e-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, 2004 to $31,704.38 $415.32 $32,119.70 April 12,2004 14 35I. Accordingly, the Firm seeks allowance of interim compensation in the amount of 15 a total of $27,364.04 at this time. This total is comprised as follows:

16 17 $26,948.72.00 (85% of the fees for services rendered)' plus

$ 415.32 (100% of the expenses incurred).

18

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

19 20 $1,749,202.83.

5. To date, the Firm is owed as follows (excluding amounts owed pursuant to this 21 22 Application): $25,689.38 (plus the pre-petition amount of $23,879.70).

6. With regard to the copies of this Application served on counsel for the 23 24 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 25 case during the period covered by this Application and the hourly rate for each such professional; 26 and (b) attached as Exhibit 2 is an Account Summary. The detailed time and expense statements 27 28 1 Payment of this amount would result in a "holdback" of $4,755.66.

vrv~oo ANAn n t-snw f ddwrr~n .mu Ae w Tar. t am ... . Ato or ._sDo .Ac KZAKE & VAN NEST'S COVER SKHEI ArFUCATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD APRIL 1, 2004 TO APRIL 12, 2004 331923.01 CASE NO. 01 30923 DM

1 Rules and Compensation Guidelines and the Guidelines of the Office of the United States 2 Trustee have been submitted in electronic form to the Office of the United States Trustee and 3 mailed to counsel for the Committee and to the Debtor.

4 7. The Firm will serve a copy of this Application on the Special Notice List in this 5 case on April 12,2004.

6 8. Pursuant to this Court's "ORDER ESTABLISHING INTERIM EE 7 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE", which was entered on 8 or about July 26,2001, and the "AMENDED ORDER ESTABLISHING INTERIM FEE 9 APPLICATION AND EXPENSE REIMBURSEMENT, which was entered on or about 10 November 8, 2001, the Debtor is authorized to make the payment requested herein without a 11 further hearing or order of this Court unless an objection to this Application is filed with the 12 Court by the Debtor, the Committee or the United States Trustee and served by the fifteenth day 13 of the month following the service of this Application. If such an objection is filed, Debtor is 14 authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and 15 believes that this Cover Sheet Application will be mailed by first class mail, postage prepaid, on

.16 or about April 12, 2004.

17 9. The interim compensation and reimbursement of expenses sought in this 18 Application is on account and is not final. Upon the conclusion of these cases, the Firm will seek 19 fees and reimbursement of the expenses incurred for the totality of the services rendered in this 20 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 21 Firm (along with the Firn's retainer) will be credited against such final fees and expenses as may 22 be allowed by this Court.

23 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 24 Firm as requested herein pursuant to and in accordance with the terms of the "ORDER 25 ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT 26 PROCEDURE" as amended.

27 28 2

KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 331923.01 REIMBURSEMENT OF EXPENSES FOR THE PERIOD APRIL 1, 2004 TO APRIL 12,2004 CASE NO. 01 30923 DM

1 CERTIFICATION 2 I, Steven A. Hirsch, declare:

3 (a) That I am a member of Keker & Van Nest LLP ("KVN") and of the bars of the 4 states of California, State of Connecticut, State of New York, and 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").

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, infonration, 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 I declare under penalty of perjury that the foregoing is true and correct and that this 24 certification was executed this 12th day of April, 2004 at San Francisco, California.

25 KEKER & VAN NEST, LLP 26 27 By: . C) s STEVEN A. HIRSCH Special Counsel to Debtor in Possession 28 PACIFIC GAS AND ELECTRIC COMPANY 3

KEKER & VAN NEST'S COVER SHEET APPLCATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 331923.01 REIMBURSEMENT OF EXPENSES FOR THE PERIOD APRIL 1, 2004 TO APRIL 12,2004 CASE NO. 01 30923 DM

EXHIBIT I SCHEDULE OF HOURLY RATES K

Keker & Van Nest, LLP..

C'

'Effective December 5,2002 Re: Blank Check Committee (PROPD)

NAME HOURLY RATE ROBERT A. VAN NEST $600.00 ETHAN A. BALOGH $325.00.

CLEMENT S. ROBERTS $230.00 CATHLEEN A. CRANE $160.00 PATRICK W. MONTGOMERY $160.00 BRYAN D. LOPER - $140.00 AARON L. MADFES $ 90.00 CASE ASSISTANTS $ 60.00 EXHIBIT 1 SCHEDULE OF HOURLY RATES RE BLANK CHECK COMMITTEE wumnfl nl

EXHIBIT 1 SCHEDULE OF HOURLY RATES Keker & Van Nest, LLP.

Effective September 1, 2003 Re: Natural Gas Matter (GAS)

NAME HOURLY RATE H

ROBERT A. VAN NEST $650.00 JON B. STREETER . $500.00 STEVEN A. HIRSCH $380.00 DANIEL E. PURCELL $300.00 EUMI K. LEE $270.00 CLEMENT S. ROBERTS $270.00 JACQUIE A. HARTMANN $180.00 BRYAN D. LOPER $150.00 CASE ASSISTANTS $ 60.00 EXHIBIT 1 SCHEDULE OF HOURLY RATES RE NATURAL GAS MATFER o Rnc~n nl

EXHIBIT 1 SCHEDULE OF HOURLY RATES Keker & Van Nest, UP, Effective September 1, 2003 Re: Power GeneratorII Matter NAME HOURLY RATE ROBERT A. VAN NEST $650.00 JON B. STREETER $500.00 STEVEN A. HIRSCH $380.00 CHRISTA M. ANDERSON $380.00 LEE JAY Y. KUO $300.00 DANIEL E. PURCELL $300.00 CLEMENT S. ROBERTS $270.00 EUMI K. LEE $270.00 JOSHD. MAREMONT $180.00 BRYAN D. LOPER $150.00 CASE ASSISTANTS $ 60.00 EXHIBIT I SCHEDULE OF HOURLY RATES RE POWER GENERATOR 11 C)tAR ni

EXHIBIT 2 DETAILED STATEMENTS (NOlVCLUDED WITHOPJGRVAL)

DwAARNf n

1 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 over the age of eighteen years and not a party to the within action. My business address is Keker

& Van Nest, LLP, 710 Sansome Street, San Francisco, California 94111-1704.

On April 12, 2004, 1 served the following document:

6 KEKER & VAN NEST'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM 7 COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THIE PERIOD APRIL 1, 2004 TO APRIL 12, 2004 by FEDERAL EXPRESS, by placing a true and correct copy in a sealed envelope addressed as shown below. I am 9 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 employee for overnight delivery.

10 Patricia A. Cutler Paul S. Aronzon 11 Assistant U.S. Trustee Milbank, Tweed, Hadley & McCloy U.S. Department of Justice 601 South Figueroa Street 12 Office of the U.S. Trustee Los Angeles, CA 90017 13 250 Montgomery Street, Suite 1000 San Francisco, CA 94104 14 James L. Lopes 15 Howard, Rice, Nemerovsky, Canady, Falk & Rabkin 16 Three Embarcadero Center, 7th Floor 17 San Francisco, CA 94111 18 On this date, a detailed time and expense statement for the Application Period complying with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines 19 and the Guidelines of the Office of the United States Trustee was served by electronic transmissionon the following:

20 21 U.S. Department of Justice Office of the U.S. Trustee 22 250 Montgomery Street, Suite 1000 San Francisco, CA 94104 23 michael.sorgaard(a),usdok.gov 24 I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

26 Executed on April 12, 2004, at San Francisco, California.

27 28 ollinger PROOF OF SERVICE 275955.01 CASE NO. 01 30923 DM