ML020500435

Milbank, Tweed, Hadley & Mccloy Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for December 2001

ML020500435
Person / Time
Site:	Diablo Canyon
Issue date:	01/31/2002
From:	Aronzon P Milbank, Tweed, Hadley & McCloy, LLP, Pacific Gas & Electric Co
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
SF 01-30923 DM
Download: ML020500435 (4)

Text

1 Paul S. Aronzon (#88781)

Robert Jay Moore (#77498) 2 Michael I. Sorochinsky (#166708)

MILBANK, TWEED, HADLEY & McCLOY LLP 3 601 South Figueroa Street, 30th Floor 50--1 Los Angeles, California 90017 4 Telephone: (213) 892-4000 Facsimile: (213) 629-5063 5

Counsel for Official Committee 6 of Unsecured Creditors 7

8 9

UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 11 12 13 In re Case No. SF 0 1-30923 DM 14 PACIFIC GAS AND ELECTRIC Chapter 11 15 COMPANY, a California corporation, 16 MILBANK, TWEED, HADLEY &

Debtor.

McCLOY LLP'S COVER SHEET 17 APPLICATION FOR ALLOWANCE 18 AND PAYMENT OF INTERIM COMPENSATION AND 19 REIMBURSEMENT OF EXPENSES FOR DECEMBER 2001 20 Hearing:

21 Date: [None Required]

22 Time: [None Required]2d Place: 235 Pine Street, 22 Floor 23 San Francisco, CA 24 25 26 27 28 LA1 :#6229389vl

1 Milbank, Tweed, Hadley & McCloy, LLP (the "Firm") submits its Cover 2 Sheet Application (the "Application") for Allowance and Payment of Interim 3 Compensation and Reimbursement of Expenses for December 2001 (the "Application 4 Period"). In support of the Application, the Firm respectfully represents as follows:

5 1. The Firm is counsel to the Official Committee of Unsecured Creditors in 6 the Pacific Gas and Electric Company ("Debtor") bankruptcy case. The Firm hereby 7 applies to the Court for allowance and payment of interim compensation for services 8 rendered and reimbursement of expenses incurred during the Application Period.

9 2. The Firm billed a total of $310,565.19 in fees and expenses during the 10 Application Period. The total fees represent 725.70 hours8.101852e-4 days <br />0.0194 hours <br />1.157407e-4 weeks <br />2.6635e-5 months <br /> expended during the 11 Application Period. These fees and expenses break down as follows:

12 13 Period Fees Expenses Total 14 12/01/01 - 12/31/01 $297,682.50 $12,882.69 $310,565.19 15 16 3. Accordingly, the Firm seeks allowance of interim compensation in the 17 total amount of $265,912.81 at this time. This total is comprised as follows:

18 $253,030.12 (85% of the fees for services rendered)' plus $12,882.69 (100% of the 19 expenses incurred).

20 4. For the post-petition period, the Firm has not been paid $599,650.87 to 21 date for fees and expenses.

22 5. To date (through 12/31/01) the Firm is owed as follows (including 23 amounts owed pursuant to this Application):

24 25 26 27

'Payment of this amount would result in a "holdback" of $44,652.38.

28 LA] :#6229389vl 1

2 Application Period Amount Description

$60,176.78 15% holdback Fifth (August 1 - August 31) 4 Sixth (September 1 - September 30) $65,750.06 15% holdback 5 Seventh (October 1 - October 31) $97,989.28 15% holdback 6

Eighth (November 1 -November 30) $65,169.56 15% holdback 7

8 Ninth (December 1 - December 31) $310,565.19 December fees and costs 9 Total Owed to Firm to Date $599,650.87 10 6. With regard to the copies of this Application served on counsel for the 11 Debtor and the Office of the United States Trustee, attached as Exhibit 1 hereto is the 12 name of each professional who performed services in connection with this case during 13 the period covered by this Application and the hourly rate for each such professional; and 14 (b) attached as Exhibit 2 are the detailed time and expense statements for the Application 15 Period that comply with all Northern District of California Bankruptcy Local Rules and 16 Compensation Guidelines and the Guidelines of the Office of the United States Trustee.

17 7. The Firm has served a copy of this Application (without Exhibits) on the 18 Special Notice List in this case.

19 8. Pursuant to this Court's "AMENDED ORDER ESTABLISHING 20 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" 21 which was entered on or about November 8, 2001, the Debtor is authorized to make the 22 payment requested herein without a further hearing or order of this Court unless an 23 objection to this Application is filed with the Court by the Debtor or the United States 24 Trustee and served by the fifteenth day of the month following the service of this 25 Application. If such an objection is filed, Debtor is authorized to pay the amounts, if any, 26 not subject to the objection. The Firm is informed and believes that this Cover Sheet 27 Application was mailed by first class mail, postage prepaid, on or about 28 January 31, 2002.

LA1 :#6229389vl 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 this case, the Firm will 3 seek fees and reimbursement of the expenses incurred for the totality of the services 4 rendered in the case. Any interim fees or reimbursement of expenses approved by this 5 Court and received by the Firm will be credited against such final fees and expenses as 6 may be allowed by this Court.

7 10. The Firm represents and warrants that its billing practices comply with 8 all Northern District of California Bankruptcy Local Rules and Compensation Guidelines 9 and the Guidelines of the Office of the United States Trustee. Neither the Firm nor any 10 members of the Firm has any agreement or understanding of any kind or nature to divide, 11 pay over or share any portion of the fees or expenses to be awarded to the Firm with any 12 other person or attorney except as among the members and associates of the Firm.

13 WHEREFORE, the Firm respectfully requests that the Debtor pay 14 compensation to the Firm as requested herein pursuant to and in accordance with the 15 terms of the "AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION 16 AND EXPENSE REIMBURSEMENT PROCEDURE."

17 DATED: January 31, 2002 18 MILBANK, TWEED, HADLEY & McCLOY LLP 19 20 By:

C/

Paul S. Aronzon 21 Robert Jay Moore 22 Michael I. Sorochinsky Attorneys for the Official Committee of 23 Unsecured Creditors 24 25 26 27 28 LAI :#6229389vl