ML022600653

Second Supplemental Declaration of Donald K. Dankner in Support of Application for Authority to Continue the Employment of Special Counsel to Debtor in Possession on Non-Bankruptcy Matters (Winston & Strawn)

ML022600653
Person / Time
Site:	Diablo Canyon
Issue date:	09/09/2002
From:	Dankner D Pacific Gas & Electric Co, Winston & Strawn
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM, 94-0742640
Download: ML022600653 (5)

Text

1 Donald K. Dankner (No. 0186536)

Thomas F. Blakemore (No, 03121566) 2 David A. Agay (No. 06244314) 3 WINSTON & STRAWN 35 West Wacker, Suite 4200 4 Chicago, IL 60601 312-558-5600 (Phone) 5 312-558-5700 (Facsimile)

Special Counsel to Debtor and Debtor in Possession 6 Pacific Gas and Electric Company .-"

7 8

9 UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 In re Case No. 01-30923 DM 13 PACIFIC GAS AND ELECTRIC Chapter 11 Case 14 COMPANY, a California corporation,

[NO HEARING SET]

15 Debtor.

16 Federal I.D. No. 94-0742640 17 SECOND SUPPLEMENTAL DECLARATION OF DONALD K. DANKNER IN 18 SUPPORT OF APPLICATION FOR AUTHORITY TO CONTINUE THE EMPLOYMENT OF SPECIAL COUNSEL TO DEBTOR IN POSSESSION ON NON BANKRUPTCY MATTERS [WINSTON & STRAWNl 20 21 22 23 24 N 25 26 27 28 CIII:1083258.1

1 I, Donald K. Dankner, hereby declare as follows:

2 1. I am a member of Winston & Strawn and an attorney in good standing to practice in the District of Columbia.

4 5 2. Except as otherwise indicated, I have personal knowledge of the matters 6 set forth herein and, if called as a witness, would testify competently with respect thereto.

7 8 3. I make this Second Supplemental Declaration to supplement the 9 disclosures and other information provided in (i) the Debtor's Application for Authority to 10 Employ and to Continue the Employment of Special Counsel to Debtor in Possession on Non 11 Bankruptcy Matters filed on May 16, 2001 (the "Application") and my Declaration in support 12 thereof; (ii) the Debtor's Amended Application for Authority to Employ Special Counsel filed on 13 June 22, 2001; and (iii) the Amendment to Amended Application for Authority to Employ and 14 15 Continue the Employment of Special Counsel to Debtor in Possession on Non-Bankruptcy 16 Matters [Winston and Strawn] filed on September 14, 2001 (the "Amendment"), and my 17 Supplemental Declaration in support thereof 18

4. Pursuant to the Application and the Amendment, Winston & Strawn is 19 20 counsel to the above captioned debtor and debtor in possession (the "Debtor"), employed under 21 section 327(e) of the Bankruptcy Code, 11 U.S.C. §§ 101, ets Winston & Strawn represents 22 the Debtor in connection with Federal Energy Regulatory Commission practice and advice, 23 Nuclear Regulatory Commission practice and advice, and regulatory matters arising out of 24 Debtor's plan of reorganization.

25 26 5. My supporting Declaration submitted as part of the Debtor's Application 27 set forth certain past and present representations by Winston & Strawn of certain of Debtor's 100 28 Largest creditors, on matters that were and are wholly unrelated to the firm's representation of 2

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1 the Debtor or its estate in this chapter 11 case, or those entities' claims against or relationship 2 with the Debtor.

3 4 6. In my Supplemental Declaration submitted as part of the Amendment, I 5 set forth my estimate of Winston & Strawn's average monthly fees likely to result from Winston 6 & Strawn's expanded representation on regulatory matters related to Debtor's plan of reorganization.

8 9 7. Since the filing of Debtor's Application, Winston & Strawn has 10 represented, and is representing, PECO Energy Company ("PECO") in the bankruptcy of the 11 California Power Exchange Corporation ("CalPX") currently pending in the United States 12 Bankruptcy Court for the Central District of California, Los Angeles, Case No. LA 01-16577 13 ES.

14 15 8. Winston & Strawn's representation of PECO in the CalPX bankruptcy 16 relates to amounts owed to PECO by the CalPX and the California Independent System Operator 17 in the approximate amount of $2,949,775.68 plus unliquidated amounts.

18 19 9. It has come to my attention that Winston & Strawn filed a proof of claim 20 in the Debtor's bankruptcy on behalf of PECO. The proof of claim was filed as a protective 21 measure to preserve PECO's rights in the CalPX case. Other than the administrative act of filing 22 a proof of claim, Winston & Strawn has not, and will not, represent PECO in the Debtor's 23 24 bankruptcy. With respect to its claims against the Debtor, including the proof of claim filed by 25 Winston & Strawn, it is Winston & Strawn's understanding that PECO is represented by other 26 counsel not affiliated with Winston & Strawn.

27 28 10. Winston & Strawn's representation of PECO in the CalPX bankruptcy, as well as the filing of the proof of claim on behalf of PECO in the Debtor's bankruptcy, has not 3

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1 affected, and will not affect, the finn's representation of the Debtor in this case. To the best of 2 my knowledge, Winston & Strawn does not represent PECO in any matter adverse to Winston &

Strawn's representation of the Debtor or the Debtor's estate as counsel in this case. Accordingly, 4

I believe Winston & Strawn's representation of PECO in the CalPX bankruptcy, and the filing of 5

not create an interest 6 a proof of claim on behalf of PECO in the Debtor's bankruptcy, does 7 adverse to the interests of the estate or of any class of creditor or equity security holders.

8

11. Except as set forth above, to the best of my knowledge, the statements 9

10 made in my Declaration remain true and correct.

11 I declare under penalty of perjury under the laws of the United States of America, 12 that the foregoing is true and correct.

13 14 Executed this 9th day of September, 2002.

15 16 L ~

17 Donald K. Dankner 18 19 20 21 22 23 24 25 26 27 28 4

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1 CERTIFICATE OF SERVICE 2 I, Nicole Genova-Scaravalle, certify under penalty of perjury that I caused a copy of the 3 foregoing SECOND SUPPLEMENTAL DECLARATION OF DONALD K. DANKNER IN 4 SUPPORT OF APPLICATION FOR AUTHORITY TO CONTINUE THE 5 EMPLOYMENT OF SPECIAL COUNSEL TO DEBTOR IN POSSESSION ON NON 6 BANKRUPTCY MATTERS to be served upon the persons on the attached service list via 7 Federal Express or U.S. Mail on or about Sep mber 9,2002.

9 Nicole Genova-Scaravalle Senior Paralegal for Winston & Strawn 10 11 Service List 12 13 United States Trustee Attn.: Mr. Stephen Johnson 14 United States Department of Justice 250 Montgomery Street, Suite 1000 15 San Francisco, CA 94101 16 James L. Lopes 17 Jeffrey L. Schafer Janet A. Nexon 18 William Lafferty Howard, Rice, Nemerovski, Canady, 19 Falk & Rabkin Three Embarcadero Center, 7th Floor 20 San Francisco, CA 94111 21 Robert J. Moore 22 Paul S. Aronzon Milbank, Tweed, Hadley & McCloy LLP 23 601 South Figueroa Street 24 Los Angeles, CA 900017 25 Theresa Lett Pacific Gas & Electric 26 P.O. Box 7442 San Francisco, CA 94120 27 28 C1ti:1091570.1