ML020500455

Howard, Rice, Nemerovski, Canady, Falk & Rabkin Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for December 2001

ML020500455
Person / Time
Site:	Diablo Canyon
Issue date:	01/31/2002
From:	Lopes J Howard, Rice, Nemerovski, Canady, Falk & Rabkin
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM
Download: ML020500455 (5)

Text

1 JAMES L. LOPES (No. 63678)

JEFFREY L. SCHAFFER (No. 91404) 2 JANET A. NEXON (No. 104747)

WILLIAM J. LAFFERTY (No. 120814) 3 HOWARD,FALK RICE, NEMEROVSKI, CANADY,

& RABKIN ,,ý15 Cýo 1ýln 4 A Professional Corporation Three Embarcadero Center, 7th Floor 5 San Francisco, California 94111-4065 Telephone: 415/434-1600 6 Facsimile: 415/217-5910 7 Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 8

9 UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 Case No. 0 1-30923 DM In re HMWARD 13 Chapter 11 Case A

RKE 14 PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, NIM

&gRAJIN< [NO HEARING REQUESTED]

AO~415 Debtor.

16 Federal I.D. No. 94-0742640 17 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN 18 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION DECEMBER, 2001 19 AND REIMBURSEMENT OF EXPENSES FOR 20 submits its Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm")

21 Payment of Interim Cover'Sheet Application (the "Application") for Allowance and 22 December 1, 2001 through Compensation and Reimbursement of Expenses for the Period 23 of the Application, the Firm December 31, 2001 (the "Application Period"). In support 24 respectfully represents as follows:

25 and

1. The Firm is counsel to Pacific Gas and Electric Company, the debtor 26 (the "Debtor"). The Firm debtor-in-possession in the above-referenced bankruptcy case 27 compensation for services hereby applies to the Court for allowance and payment of interim 28

I rendered and reimbursement of expenses incurred during the Application Period.

2 2. The Firm billed a total of $879,188.74 in fees and expenses during the 3 Application Period. The total fees represent 2,926.40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> expended during the Application 4 Period. These fees and expenses break down as follows:

5 6 Period Fees Expenses Total 7 December, 2001 $822,560.50' $56,628.24 $879,188.74 8

9 3. Accordingly, the Firm seeks allowance of interim compensation in the total 10 amount of $755,804.67 at this time. This total is comprised as follows: $699,176.43 (85% of 11 the fees for services rendered)2 plus $56,628.24 (100% of the expenses incurred).

12

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

13 HOWARD NcEN 14 Application Period Amount Applied For Description Amount Paid

&RAHCIN A P,, 15 April, 2001 $ 929,737.50 100% of unpaid fees $ 522,147.533 16 100% of fees and May, 2001 $1,573,804.00 100% of expenses $1,573,804.00 of fees and S~~~~100%

$10,749 17 June, 2001 $1,080,764.49 100% of expenses $1,080,764.49 100% of fees and 4 18

$1,062,170.75 100% of expenses $1,02,170.75 July, 2001 19 20

'This amount reflects a credit in the amount of $1,237.50 for travel time that was 21 previously billed but which is not compensable pursuant to the Amended Interim Compensation Order. j 22 2Payment of this amount would result in a "holdback" of $123,384.07.

3The Firm also applied its pre-petition retainer in the amount of $446,293.02 to April 23 fees and expenses. The Firm found certain charges that did not comply with the Guidelines, 24 in the amount of $21,575.52, were inadvertently included in Applicant's Cover Sheet Application for April, 2001, as described in its First Interim Application previously filed.

25 The Firm has credited this amount appropriately.

4The Firm found certain charges that did not comply with the Guidelines, in the amount 26 of $24,035.37, were inadvertently included in Applicant's Cover Sheet Application for July, 2001, as described in its First Interim Application previously filed. The Firm has credited 27 this amount appropriately. Additionally, the Firm had written off an additional $114.00 in fees.

28 1 Description Amount Paid Application Period Amount Applied For 2 85% of fees and $ 800,125.88' August, 2001 $ 800,225.88 100%ofexpenses 185% of fees and 3

$ 748,143.18 100%of expenses $ 748,143.18 September, 2001 4 8-95% of fees and

$ 949,484.20 85% offees $ 949,484.20 5 October, 2001 85% of fees and $ 879,481.75 6 November, 2001 $ 879,481.75 100% of expenses I 7 $7,616,121.78 Total Paid to the 8 Firm to Date 9

pursuant to

5. To date, the Firm is owed as follows (excluding amounts owed 10 11 this Application):

12 Amount Description 13 Application Period HOWARD RKE $ 122,943.00 15% fee holdback 14 Fifth (August 1-August 31)

CAMNE

&ANX 15 Sixth (Sept. 1 - Sept. 30) $121,942.88 15% fee holdback I Seventh (Oct. 1 - Oct. 3 1) $ 154,279.57 15% fee holdback 16 Eighth (Nov. 1 - Nov. 30) $ 145,127.92 15% fee holdback 17 Total Owed to Fir*m to Date $ 544,293.37 18 19

6. With regard to the copies of this Application served on counsel for the 20 the Debtor and the Office of Official Committee of Unsecured Creditors (the "Committee"),

21 the name of each professional who the United States Trustee, attached as Exhibit 1 hereto is 22 the Application Period and the hourly performed services in connection with this case during 23 2 is an Account Summary. The rate for each such professional; and attached as Exhibit 24 Period that comply with all detailed time and expense statements for the Application 25 and Compensation Guidelines and Northern District of California Bankruptcy Local Rules 2(

27, 5The Firm had written off an additional $100.00 in fees.

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

4 7. The Firm is serving a copy of this Application (without Exhibits) on'the 5 Special Notice List in this case.

6 8. Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE 7 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE," entered on or about 8 July 26, 2001, and subsequent "AMENDED ORDER ESTABLISHING INTERIM FEE 9 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE," entered on or about 10 November 8, 2001 (the "Amended Order"), the Debtor is authorized to make the payment 11 requested herein without a further hearing or order of this Court, unless an objection to this 12 Application is filed with the Court by the Debtor, the Committee or the United States Trustee HOWARD 113 and served by the fifteenth day of the month following the service of this Application. If such N'AP 14 an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the

&RAHGN A.o*,b,. 15 objection. The Firm is informed and believes that this Cover Sheet Application was mailed 16 by first class mail, postage prepaid, on or about January 31, 2002.

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 this case, the Firm will 19 seek fees and reimbursement of the expenses incurred for the totality of the services rendered 20 in the case. Any interim fees or reimbursement of expenses approved by this Court and 21 received by the Firm (along with the Firm's retainer) will be credited against such final fees 22 and expenses as may be allowed by this Court.

23 10. The Firm represents and warrants that its billing practices comply with all 24 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 25 the Guidelines of the Office of the United States Trustee. 6 Neither the Firm nor any members 26 6As the Firm has informed the Office of the United States Trustee and the Committee, 27 the facsimile charges sought by Applicant deviate slightly from the Court's Guidelines. The Firm intends to provide a full explanation of such deviation and a request for payment of such 28 (continued...)

pay over or 1 of the Firm has any agreement or understanding of any kind or nature to divide, Firm with any other person or share any portion of the fees or expenses to be awarded to the 3 attorney except as among the members and associates of the Firm.

pay compensation 4 WHEREFORE, the Firm respectfully requests that the Debtor with the terms of the Amended 5 to the Firm as requested herein pursuant to and in accordance 6 Order.

7 DATED: January 31, 2002 HOWARD, RICE, NEMEROVSKI, CANADY, 8 FALK & RABKIN A Professional Corporation 9

10 By- 'E SU JAMES L. OPES 11 12 Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 13.

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'19 20 21 22 23 24 25 26 27 cag.e. continued) charges in its next interim fee application to the Court in this case.

28 I