ML020720544

Milbank, Tweed, Hadley & Mccloy Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for January 2002

ML020720544
Person / Time
Site:	Diablo Canyon
Issue date:	02/28/2002
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: ML020720544 (5)

Text

1 Paul S. Aronzon (#88781)

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

MILBANK, TWEED, HADLEY & McCLOY LLP 3 601 South Figueroa Street, 30th Floor 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 01-30923 DM 14 PACIFIC GAS AND El LECTRIC Chapter 11 15 COMPANY, a Californi a corporation, 16 Debtor. MILBANK, TWEED, HADLEY & McCLOY LLP'S COVER SHEET APPLICATION 17 FOR ALLOWANCE AND PAYMENT OF 18 INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR 19 JANUARY 2002 20 Hearing:

21 Date: [None Required]

Time: [None Required] d 22 Place: 235 Pine Street. Floor 22 San Francisco, CA 23 24 25 26 27 3

'C 7-4 28 f.i: ,Ji 2 LAl :#6231383vl

1 Milbank, Tweed, Hadley & McCloy, LLP (the "Firm") submits its Cover Sheet 2 Application (the "Application") for Allowance and Payment of Interim Compensation and 3 Reimbursement of Expenses for January 2002 (the "Application Period"). In support of the 4 Application, the Firm respectfully represents as follows:

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

9 2. The Firm billed a total of $544,047.50 in fees and expenses during the 10 Application Period. The total fees represent 1,232.20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> expended during the Application 11 Period. These fees and expenses break down as follows:

12 13 Period Fees Expenses Total 14 01/01/02 - 01/31/02 $515,469.50 $28,578.00 $544,047.50 15 16 3. Accordingly, the Firm seeks allowance of interim compensation in the total 17 amount of $466,727.07 at this time. This total is comprised as follows:

18 $438,149.07 (85% of the fees for services rendered)' plus $28,578.00 (100% of the expenses 19 incurred).

20 4. For the post-petition period, the Firm has not been paid $877,785.56 to date for 21 fees and expenses.

22 5. To date (through 01/31/02) the Firm is owed as follows (including amounts 23 owed pursuant to this Application):

24 25 26 27

'Payment of this amount would result in a "holdback" of $77,320.43.

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2 Application Period Amount Description Fifth (August 1 - August 31) $60,176.78 15% holdback 3

Sixth (September 1 - September 30) $65,750.06 15% holdback 4

5 Seventh (October 1 - October 31) $97,989.28 15% holdback 6 Eighth (November 1 - November 30) $65,169.56 15% holdback 7 Ninth (December 1 - December 31) $44,652.38 15% holdback 8

Tenth (January 1 - January 31) $544,047.50 January fees and costs 9

Total Owed to Firm to Date $877,785.56 10

6. With regard to the copies of this Application served on counsel for the Debtor 11 and the Office of the United States Trustee, attached as Exhibit 1 hereto is the name of each 12 professional who performed services in connection with this case during the period covered by 13 this Application and the hourly rate for each such professional; and (b) attached as Exhibit 2 are 14 the detailed time and expense statements for the Application Period that comply with all 15 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 16 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 INTERIM 20 FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 21 on or about November 8, 2001, the Debtor is authorized to make the payment requested herein 22 without a further hearing or order of this Court unless an objection to this Application is filed 23 with the Court by the Debtor or the United States Trustee and served by the fifteenth day of the 24 month following the service of this Application. If such an objection is filed, Debtor is 25 authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and 26 believes that this Cover Sheet Application was mailed by first class mail, postage prepaid, on or 27 about February 28, 2002.

28 LAI :#6231383vi 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 seek 3 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 4 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 5 Firm will be credited against such final fees and expenses as may be allowed by this Court.

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

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

16 DATED: February 28, 2002 17 MILBANK, TWEED, HADLEY & McCLOY LLP 18 19 Paul S. Aronzon Robert Jay Moore 20 Michael I. Sorochinsky 21 Attorneys for the Official Committee of Unsecured Creditors 22 23 24 25 26 27 28 LAI :#6231383vl 1 EXHIBIT "1" 2 Hourly Billing Rates of Milbank Attorneys and Legal Assistants 3

Partners 4 Paul Aronzon $595 Edwin Feo $595 5 Robert Moore $595 Michael H. Diamond $595 6 Simon Friedman $595 Thomas R. Kreller $500 7

Of Counsel 8 Steven Kramer $520 9 Associates Fred Neufeld $465 10 Michael Dayen $465 Michael I. Sorochinsky $465 11 Kevin R. McSpadden $465 Carla J. Urquhart $425 12 Lorie A. Ball $350 John G. Ha $325 13 Roger S. Chae $325 Jaime J. Rodriguez $325 14 Legal Assistants 15 Ryan M. Rupe $135 Beth A. Passage $110 16 Miscellaneous 17 James M. Schwarz $205 18 PG&E Case Clerk $ 40 19 20 21 22 23 24 25 26 27 28 LAI :#6231383vI