UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE ) ) ) ) ) ) )

In re PACIFIC ENERGY RESOURCES LTD., et al., Debtors.

Chapter 11 Case No. 09-10785 (KJC) (Jointly Administered)

Related Docket No. 172

CERTIFICATION OF NO OBJECTION REGARDING MOTION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR AN ORDER (I) PROVIDING THAT THE COMMITTEE IS NOT AUTHORIZED OR REQUIRED TO PROVIDE ACCESS TO CONFIDENTIAL OR PRIVILEGED INFORMATION; AND (II) GRANTING RELATED RELIEF, EFFECTIVE NUNC PRO TUNC TO MARCH 19, 2009 On April 10, 2009, the Official Committee of Unsecured Creditors (the Committee) of the above captioned debtors and debtors-in-possession filed their Motion for an Order (I) Providing That the Committee is Not Authorized or Required to Provide Access to Confidential or Privileged Information; and (II) Granting Related Relief, Effective Nunc Pro Tunc to March 19, 2009 (Docket No. 172; the Motion). The Notice filed with respect to the Motion provided an objection deadline of 4:00 p.m. (Prevailing Eastern Time) on April 24, 2009. The undersigned hereby certifies that he has received no answer, objection or any responsive pleading with respect to the Motion and that no answer, objection or any responsive pleading with respect to the Motion has been filed with the Court.

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It is hereby respectfully requested that the Court enter the proposed order filed with the Motion, a copy of which is attached hereto as Exhibit A, at the Courts earliest convenience.

Dated: April 29, 2009

PEPPER HAMILTON LLP /s/ James C. Carignan David B. Stratton, Esq. (DE No. 960) James C. Carignan, Esq. (DE No. 4230) Hercules Plaza, Suite 5100 1313 N. Market Street P.O. Box 1709 Wilmington, Delaware 19899-1709 Tel: (302) 777-6500 Fax: (302) 421-8390 and Francis J. Lawall, Esq. 3000 Two Logan Square Eighteenth & Arch Streets Philadelphia, PA 19103-2799 Tel: (215) 981-4000 Fax: (215) 981-4750 and Filiberto Agusti, Esq. (DC Bar No. 270058) (admitted pro hac vice) Joshua R. Taylor, Esq. (VA Bar No. 45919) (admitted pro hac vice) STEPTOE & JOHNSON LLP 1330 Connecticut Avenue NW Washington, DC 20036 Tel: (202) 429-3000 Fax: (202) 506-3902 and

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Robbin L. Itkin, Esq. (CA Bar No. 117105) (admitted pro hac vice) Katherine C. Piper, Esq. (CA Bar No. 222828) (admitted pro hac vice) STEPTOE & JOHNSON LLP 2121 Avenue of the Stars, Suite 2800 Los Angeles CA 90067 Tel: (310) 734-3200 Fax: (310) 734-3300 Proposed Counsel for the Official Committee of Unsecured Creditors of Pacific Energy Resources Ltd., et al.

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EXHIBIT A

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PACIFIC ENERGY RESOURCES LTD., et al. Debtors. : : : : : :

Chapter 11 Case No. 09-10785 (KJC) (Jointly Administered)

Related to Dkt. No. 172

ORDER (I) PROVIDING THAT THE COMMITTEE IS NOT AUTHORIZED OR REQUIRED TO PROVIDE ACCESS TO CONFIDENTIAL OR PRIVILEGED INFORMATION; AND (II) GRANTING RELATED RELIEF, EFFECTIVE NUNC PRO TUNC TO MARCH 19, 2009 This matter came before the Court on the Motion Of The Official Committee Of Unsecured Creditors For An Order (I) Providing That The Committee Is Not Authorized Or Required To Provide Access To Confidential Or Privileged Information; And (II) Granting Related Relief (the Motion).1 The Court has reviewed the Motion and finds that (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334, (b) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2), (c) venue of these Chapter 11 Cases in this district is proper pursuant to 28 U.S.C. 1408 and 1409, and (d) notice of the Motion was sufficient under the circumstances. The Court having determined that the legal and factual bases set forth in the Motion establish cause for the relief granted herein, and it appearing that the relief requested is in the best interests of the Debtors estates and creditors, and other parties-ininterest: IT IS HEREBY ORDERED THAT: 1. 2. The Motion is GRANTED, effective nunc pro tunc to March 19, 2009. For purposes of this Order, the term Confidential Information shall mean any

nonpublic information of the Debtors, including, without limitation, documents, communications and matters of whatever nature and kind received from the Debtors or their representatives or
1

Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Motion.

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any other entity (all references to entity herein shall be as defined in Bankruptcy Code Section 101(15), Entity) by the Committee, any Committee member (the Committee Members) or any of their professional advisors (the Committee Advisors, and collectively with the Committee and Committee Members, the Committee Participants). Confidential Information shall also include (a) any notes, summaries, compilations, memoranda, or similar written materials disclosing or discussing Confidential Information; (b) any written Confidential Information that is discussed or presented orally; and (c) any other Confidential Information conveyed to the Committee orally that the Debtors or their advisors or other agents advise the Committee should be treated as confidential. Notwithstanding the foregoing, Confidential

Information shall not include any information or portions of information that: (i) is available or was in the possession of the Committee Participants on a non-confidential basis prior to the receipt of such information; (ii) is or becomes generally available to the public generally, other than as a result of a breach of any confidentiality agreement with the Debtors or any other contractual, fiduciary or other legal obligation of confidentiality to the Debtors; (iii) is separately received by a Committee Participant outside of its capacity as a Committee Participant, other than as a result of a breach of any confidentiality agreement with the Debtors or any other contractual, fiduciary or other legal obligation of confidentiality to the Debtors; or (iv) that becomes independently developed by a Committee Participant by a means other than service on or in its connection with its membership or participation on the Committee, provided, however, that with respect to clauses (i) or (ii) above, such information became available to the public or was obtained from a source that the Committee Participant reasonably believes was not prohibited from disclosing such information. 3. For the purposes of this Order, the term Privileged Information shall mean

information, communications or documents generated by the Committee or any of the Committee Participants for the use of the Committee.

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4.

For the purposes of this Order, the term Committee Communications shall mean

any communications among Committee Members in their capacity as such, including information regarding specific positions taken by Committee Members. 5. Notwithstanding any construction of Section 1102(b)(3)(A) of the Bankruptcy

Code, the Committee Participants shall not be authorized or required, without further order of the Court, pursuant to Section 1102(b)(3)(A) of the Bankruptcy Code to provide access to any Confidential Information, including any Privileged Information or Committee Communications that contain Confidential Information, to any creditor that the Committee represents. 6. If the Committee determines that Confidential Information of the Debtors should be

supplied to any creditor that the Committee represents, by request or otherwise, it shall do so only with the written consent of the Debtors and if such creditor executes a confidentiality agreement in a form mutually agreed upon by the Committee and the Debtors. 7. Notwithstanding any construction of Section 1102(b)(3)(A) of the Bankruptcy

Code, the Committee Participants shall not be required, pursuant to Section 1102(b)(3)(A) of the Bankruptcy Code, to provide access to any Privileged Information or Committee Communications to any creditor that the Committee represents; provided, however, that the Committee in its sole discretion may disclose any Privileged Information or Committee Communications that do not contain any Confidential Information of the Debtors or another Entity (other than the Committee). 8. In satisfaction of its duties pursuant to Section 1102(b)(3)(A) and (B), the

Committee is hereby authorized to solicit and receive comments from any creditor that it represents through the Debtors informational website maintained by Omni Management Group, LLC, which shall be in addition to any and all written and telephonic inquiries or comments to which the Committee or its counsel may receive and respond. 9. Nothing in this Order shall expand, restrict, affirm or deny the right or obligation of

the Committee to provide access or to not provide access to any information of the Debtors to any party except as expressly provided herein.

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10.

This Court shall retain jurisdiction to hear and determine all matters arising from or

related to the implementation of this Order. Dated: ________________ ______________________________ The Honorable Kevin J. Carey United States Bankruptcy Judge

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