ML020720522
| ML020720522 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 02/28/2002 |
| From: | Lopes J Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Pacific Gas & Electric Co |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 D M, 94-0742640 | |
| Download: ML020720522 (7) | |
Text
I JAMES L. LOPES (No. 63678)
JEFFREY L. SCHAFFER (No. 91404) 2 JANET A. NEXON (No. 104747)
WILLIAM J. LAFFERTY (No. 120814) 3 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN 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 In re Case No. 0 1-30923 DM 13 R,*
PACIFIC GAS AND ELECTRIC Chapter 11 Case 14 COMPANY, a California corporation, EA\\BKI 15 Debtor.
[NO HEARING REQUESTED]
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 19 AND REIMBURSEMENT OF EXPENSES FOR JANUARY, 2002 20 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its 21 Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period January 1, 2002 through 23 January 31, 2002 (the "Application Period"). In support of the Application, the Firm 24 respectfully represents as follows:
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- 1.
The Firm is counsel to Pacific Gas and Electric Company, the debtor and 26 debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm 27 hereby applies to the Court for allowance and payment of interim compensation for services 28 WD 02 1202 1-1419904/975452/vl 1
rendered and reimbursement of expenses incurred during the Application Period.
- 2.
The Firm billed a total of S 1,189,708.56 in fees and expenses during the Application Period. The total fees represent 4,066.50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br /> expended during the Application Period. These fees and expenses break down as follows:
1 2
3 4
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7 8
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of S1,024,662.21 at this time. This total is comprised as follows: S935,262.65 (85%
of the fees for services rendered)' plus S89,399.56 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:
Application Period Amount Applied For Description Amount Paid April, 2001 S 929,737.50 100% of unpaid fees S 522,147.53 100% of fees and
- May, 100% of expenses S1,573,804.00 1
100% of fees and June, 2001 S 1,080,764.49 100% of expenses S 1,080,764.49 1100% of exenesan July, 2001 S1,062,170.75 100% of fees and S1,062,170.752 100% of expenses 100% of fees and August, 2001 S 923,168.88 100% of expenses
__923,068.88' 100% of fees and September, 2001 S 870,086.06 100% of expenses S 870,086.06 100% of fees and October, 2001
$1,103,763.77 100% of expenses
$1,103,763.77
'Payment of this amount would result in a "holdback" of S165,046.35.
-The 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.
3The Firm had written off an additional $100.00 in fees.
D*
D21202 1-1419904,975452.,v Period Fees Expenses Total January, 2002 S1,100,309.00 S89,399.56 S
S1,189,708.56 9
10 11 12 HCfAARD 13 RKIC R*LI(
145 A..
15 16 17 18 19 20 21 22 23 24 25 26 27 28 1
2 3
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10 11 12 HaAY.RD 13 RICE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Application Period Amount Applied For Description i Amount Paid 100% of fees and November, 2001
$1,024,609.67 100% of expenses
$1,024,609.67 December, 2001 S 755,804.67 85% of fees and December, 2001_____ $75047100%
of expenses
$ 755,804.67 Total Paid to the S
Firm to Date S8,916,219.82
- 5.
To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
I Application Period Amount Description Dec. 1 - Dec. 31, 2001
$123,384.07 15% fee holdback Total Owed to Firm to Date
$123,384.07
- 6.
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 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.
- 7.
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 WD 0212021l-1419904/975452vl 1
APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE," entered on or about 2
November 8, 2001 (the "Amended Order"), the Debtor is authorized to make the payment 3
requested herein without a further hearing or order of this Court, unless an objection to this 4
Application is filed with the Court by the Debtor, the Committee or the United States Trustee 5
and served by the fifteenth day of the month following the service of this Application. If such 6
an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 7
objection. The Firm is informed and believes that this Cover Sheet Application was mailed 8
by first class mail, postage prepaid, on or about February 28, 2002.
9
- 9.
The interim compensation and reimbursement of expenses sought in this 10 Application is on account and is not final. Upon the conclusion of this case, the Firm will 11 seek fees and reimbursement of the expenses incurred for the totality of the services rendered 12 in the case. Any interim fees or reimbursement of expenses approved by this Court and HOAARD 13 received by the Firm (along with the Firm's retainer) will be credited against such final fees 14 and expenses as may be allowed by this Court.
-: xB1KL\\
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- 10.
The Firm represents and warrants that its billing practices comply with all 16 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 17 the Guidelines of the Office of the United States Trustee.4 Neither the Firm nor any members 18 of the Firm has any agreement or understanding of any kind or nature to divide, pay over or 19 share any portion of the fees or expenses to be awarded to the Firm with any other person or 20 attorney except as among the members and associates of the Firm.
21 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 22 23 24 25 26 4As 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 27 Firm intends to provide a full explanation of such deviation and a request-for payment of such 28 charges in its next interim fee application to the Court in this case.
WD 021202.1-1419904,975452/vl 1
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10 11 12 HOARD 13 HCf,16YS.D RICE cXN La 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to the Firm as requested herein pursuant to and in accordance with the terms of the Amended Order.
DATED: February 28, 2002 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Professional Corporation By:
Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY WD 021202 1-1419904/975452/vl 1
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10 11 12 HOW'.R 13 RKIE carat" 14
& RAJI2N 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY HAND I am employed in the City and County of San Francisco, State of California. I am over the age of eighteen (18) years and not a party to the within action; my business address is Three Embarcadero Center, 7th Floor, San Francisco, California 94111-4065.
On February 28, 2002, I served the following document(s) described as HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR JANUARY 2002 on the parties listed below by causing it to be delivered by hand to:
Stephen Johnson Office of the U. S. Trustee 250 Montgomery Street, Suite 1000 San Francisco, CA 94104 I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California on February 28, 2002.
Janet S. Ma %w WD 073101'1-1419903/42/935039/vl PROOF OF SERVICE 1
PROOF OF SERVICE BY FEDERAL EXPRESS 2
I am employed in the City and County of San Francisco, State of California. I am over 3
the age of eighteen (18) years and not a party to the within action; my business address is 4
Three Embarcadero Center, 7th Floor, San Francisco, California 94111-4065.
5 I am readily familiar with the practice for collection and processing of documents for 6
delivery by overnight service by Federal Express of Howard, Rice, Nemerovski, Canady, 7
Falk & Rabkin, A Professional Corporation, and that practice is that the document(s) are 8
deposited with a regularly maintained Federal Express facility in an envelope or package 9
designated by Federal Express fully prepaid the same day as the day of collection in the 10 ordinary course of business.
11 On February 28, 2002, I served the following document(s) described as HOWARD, 12 RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION HC"APD 13 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND RKE cA.ý 14 REIMBURSEMENT OF EXPENSES FOR JANUARY 2002 on the persons listed below by MA(
&. RAN(IN Ar.Q-15 placing the document(s) for deposit with Federal Express through the regular collection 16 process at the law offices of Howard, Rice, Nemerovski, Canady, Falk & Rabkin, A 17 Professional Corporation, located at Three Embarcadero Center, 7th Floor, San Francisco, 18 California, to be served by overnight Federal Express delivery addressed as follows:
19 Paul Aronzon, Esq.
20 Milbank, Tweed, Hadley & McCloy 601 South Figueroa Street 21 Los Angeles, CA 90017 22 I declare under penalty of perjury that the foregoing is true and correct. Executed at 23 San Francisco, California on February 28, 2002.
24 25 26 Janet S. Mas ow 27 28 PROOF OF SERVICE WD 073101/1-1419903/42/935042/v I