ML020500455
| 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
JAMES L. LOPES (No. 63678)
JEFFREY L. SCHAFFER (No. 91404)
JANET A. NEXON (No. 104747)
WILLIAM J. LAFFERTY (No. 120814)
HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 Telephone:
415/434-1600 Facsimile:
415/217-5910 1
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10 11 12 HMWARD 13 RKE A
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AO~415 16 17 18 19 20 21 22 23 24 25 26 27 28 In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Federal I.D. No. 94-0742640 Case No. 0 1-30923 DM Chapter 11 Case
[NO HEARING REQUESTED]
HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR DECEMBER, 2001 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its Cover'Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period December 1, 2001 through December 31, 2001 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
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The Firm is counsel to Pacific Gas and Electric Company, the debtor and debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm hereby applies to the Court for allowance and payment of interim compensation for services Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
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rendered and reimbursement of expenses incurred during the Application Period.
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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:
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Period Fees Expenses Total 7
December, 2001
$822,560.50'
$56,628.24
$879,188.74 8
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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).
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For the post-petition period, the Firm has been paid to date as follows:
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15 16 17 18 19 20 21 22 23 24 25 26 27 28 Application Period Amount Applied For Description Amount Paid April, 2001
$ 929,737.50 100% of unpaid fees
$ 522,147.533 100% of fees and May, 2001
$1,573,804.00 100% of expenses
$1,573,804.00 S~~~~100%
of fees and
$10,749 June, 2001
$1,080,764.49 100% of expenses
$1,080,764.49 100% of fees and 4
July, 2001
$1,062,170.75 100% of expenses
$1,02,170.75
'This amount reflects a credit in the amount of $1,237.50 for travel time that was previously billed but which is not compensable pursuant to the Amended Interim Compensation Order.
j 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 fees and expenses. The Firm found certain charges that did not comply with the Guidelines, 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.
The Firm has credited this amount appropriately.
4The Firm found certain charges that did not comply with the Guidelines, in the amount 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 this amount appropriately. Additionally, the Firm had written off an additional $114.00 in fees. I
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27, 28 Application Period Fifth (August 1-August 31)
Sixth (Sept. 1 - Sept. 30)
Seventh (Oct. 1 - Oct. 3 1)
Eighth (Nov. 1 - Nov. 30)
Total Owed to Fir*m to Date Amount Description
$ 122,943.00 15% fee holdback
$121,942.88 15% fee holdback
$ 154,279.57 15% fee holdback
$ 145,127.92 15% fee holdback
$ 544,293.37
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With regard to the copies of this Application served on counsel for the Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who performed services in connection with this case during the Application Period and the hourly rate for each such professional; and attached as Exhibit 2 is an Account Summary. The detailed time and expense statements for the Application Period that comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 5The Firm had written off an additional $100.00 in fees. Application Period Amount Applied For Description Amount Paid 85% of fees and August, 2001
$ 800,225.88 100%ofexpenses
$ 800,125.88' 185% of fees and September, 2001
$ 748,143.18 100% of expenses
$ 748,143.18 8-95% of fees and October, 2001
$ 949,484.20 85% of fees
$ 949,484.20 85% of fees and November, 2001
$ 879,481.75 100% of expenses
$ 879,481.75 Total Paid to the
$7,616,121.78 Firm to Date
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To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
HOWARD RKE CAMNE
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&RAHGN A.o*,b,. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Guidelines of the Office of the United States Trustee have been submitted in electronic form to the Office of the United States Trustee and mailed to counsel for the Committee and to the Debtor.
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The Firm is serving a copy of this Application (without Exhibits) on'the Special Notice List in this case.
- 8.
Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE," entered on or about July 26, 2001, and subsequent "AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE," entered on or about November 8, 2001 (the "Amended Order"), the Debtor is authorized to make the payment requested herein without a further hearing or order of this Court, unless an objection to this Application is filed with the Court by the Debtor, the Committee or the United States Trustee and served by the fifteenth day of the month following the service of this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and believes that this Cover Sheet Application was mailed by first class mail, postage prepaid, on or about January 31, 2002.
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The interim compensation and reimbursement of expenses sought in this Application is on account and is not final. Upon the conclusion of this case, the Firm will seek fees and reimbursement of the expenses incurred for the totality of the services rendered in the case. Any interim fees or reimbursement of expenses approved by this Court and received by the Firm (along with the Firm's retainer) will be credited against such final fees and expenses as may be allowed by this Court.
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The Firm represents and warrants that its billing practices comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee. 6 Neither the Firm nor any members 6As the Firm has informed the Office of the United States Trustee and the Committee, 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 (continued...)
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&RAWlN Ah*F d-X0 of the Firm has any agreement or understanding of any kind or nature to divide, pay over or share any portion of the fees or expenses to be awarded to the Firm with any other person or attorney except as among the members and associates of the Firm.
WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the Firm as requested herein pursuant to and in accordance with the terms of the Amended Order.
DATED: January 31, 2002 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Professional Corporation By-
'E SU JAMES L. OPES Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY cag.e.
continued) charges in its next interim fee application to the Court in this case.
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