ML021020069
| ML021020069 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/26/2002 |
| From: | Winston & Strawn |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML021020069 (6) | |
Text
Donald K. Dankner (No. 0186536)
Thomas Blakemore (No. 03121566)
David Agay (No. 06244314)
WINSTON & STRAWN 35 West Wacker Dr.
Chicago, IL 60601 Phone: 312-558-5600 Facsimile: 312-558-5700 Counsel to Debtor and Debtor in Possession 1
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 01-30923 DM LECTRIC Chapter 11 Case ia corporation,
[No Hearing Scheduled]
ebtor.
2640 WINSTON & STRAWN'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD FEBRUARY 1, 2002 THROUGH FEBRUARY 28, 2002 Winston & Strawn (the "Firm") submits its Cover Sheet Application (the "Application")
for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period of February 1, 2002 - February 28, 2002 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
- 1.
Pursuant to the Amendment to the Amended Application for Authority to Employ and to continue the Employment of Special Counsel dated as of September 13, 2001, the Firm is counsel to the above-captioned debtor and debtor in possession (the "Debtor") and employed under section 327(e) of the Bankruptcy Code, 11 U.S.C. § 101 et q. (the "Code").
0 /
oar 4,1 1 In re PACIFIC GAS AND E.
COMPANY, a Californ DF Federal I.D. No.94-074
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Period Fees Expenses Total February 1, 2002-
$323,242.85
$21,755.65
$344,998.50 February 28, 2002
- 4.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $296,512.07 at this time. This total is comprised as follows:
$274,756.42 (85% of the fees for services rendered)' plus $21,755.65 (100% of the expenses incurred).
- 5.
Pursuant to the Stipulation and Order Regarding Employment of Winston
& Strawn as Special Counsel to the Debtor in Possession dated September 24, 2001 (the "Stipulation"), the Firm's reimbursement for all fees and expenses incurred by the Firm as special counsel to Debtor through July 31, 2001, is governed by the Order entered on August 16, 2001, approving the Amended Application for Authority to Employ and Continue the Employment of Special Counsel (the "Omnibus Order"). Pursuant to the Stipulation and Omnibus Order, the Firm has not and will not submit Applications for fees and expenses incurred through July 31, 2001.
- 6.
To date, the Firm has submitted invoices for the following post-petition services directly to the debtor:
1Payment of this amount would result in a "holdback" of $48,486.43.
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- 2.
Pursuant to the Order Establishing Interim Fee Application and Expense Reimbursement Procedure entered on July 26, 2001 (the "Fee Order"), the Firm hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during the Application Period.
- 3.
The Firm billed a total of $344,998.50 in fees and expenses during the Application Period. The Total fees represent 1,198.67 hours7.75463e-4 days <br />0.0186 hours <br />1.107804e-4 weeks <br />2.54935e-5 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Application Period Amount Due Amount Paid Amount Outstanding June 1, 2001-June 30,
$117,735.06
$117,494.31
$0.00 2001 July 1, 2001-July 31,
$169,199.53
$169,197.43
$0.00 2001 1
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- 7.
To date, the Firm has been paid $117,494.31 for the June 1,2001 through June 30, 2001 period and $ 169,197.43 for the July 1, 2001 through July 31, 2001 period.
- 8.
For fees and expenses incurred on behalf of the Debtor after July 31, 2001, the Firm is governed by the Fee Order and must file monthly fee applications ("Cover Sheet Applications") and quarterly fee applications ("Interim Fee Applications") with the Court pursuant to section 331 of the Code.
- 9.
The following chart reflects: a) the Cover Sheet Applications submitted to date by the Firm, including this Cover Sheet Application; b) the Interim Fee Applications submitted to date by the Firm; c) for the fees and expenses incurred by the Firm after July 31, 2001, the amounts incurred and the amounts paid to the Firm by the Debtor to date; d) the Firm's voluntary reductions in compensation sought from the Debtor as part of the Firm's Interim Fee Application filed on January 14, 2002 (the "First Interim Application") and as part of the Firm's Response to the Objection by the United States Trustee and Supplement to its First Interim Fee Application (the "First Interim Application Supplement"); and e) the total amount owed by the Debtor to the Firm to date.
[rest ofpage left intentionally blank]
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Total Amount Owed includes the 15% holdback.
3 On November 5, 2001, the Firm filed a corrected and amended cover sheet application for the month of September 2001. The originally filed September 2001 cover sheet application inadvertently miscalculated and misstated the 85% of fees, the September Holdback and the total interim compensation sought.
4 Payment for November 2001 was received on January 23, 2002, after the Firm filed its Interim Fee Application.
5 Includes voluntary reductions taken as part of the First Interim Application and as part of the First Interim Application Supplement.
4 Application Period 85% Fees Expenses 15% Fee Amount Paid Total Amount Holdback Owed 2 August 1, 2001 -
$154,103.08
$16,381.43
$27,194.66
$169,672.07
$28,007.10 August 31, 2001 September 1, 2001-
$195,463.75
$8,320.04
$34,493.603
$203,781.84
$34,495.55 September 30, 2001 October 1, 2001-
$258,807.44
$25,641.76
$45,671.91
$284,288.66
$45,832.45 October 31, 2001 November 1, 2001 -
$283,984.32
$24,123.18
$50,114.88
$308,107.51
$50,114.87 November 30, 200 14 Gross Amounts for
$892,358.59
$74,466.41
$157,475.05
$965,850.08
$158,449.97 August 1, 2001 November 30, 2001 Interim Application Period Voluntary Reductions
($8003.81)
($3,260.02)
($1,412.44) n/a
($12,676.27) for August 1, 2001 November 30, 2001 Interim Application Period5 Net Amounts for
$884,354.78
$71,206.39
$156,062.61
$965,850.08
$145,773.70 August 1, 2001 November 30, 2001 Interim Application Period December 1, 2001-
$54,571.66
$7,715.25
$9,630.29
$62,286.92
$9,630.29 December 31, 2001 January 1, 2002 -
$194,749.79
$21,270.04
$34,367.61
$0.00
$250,387.44 January 31, 2002 February 1, 2002-
$274,756.42
$21,755.65
$48,486.43
$0.00
$344,998.50 February 28, 2002 Totals to Date:
$1,408,432.65
$121,947.33
$248,546.94
$1,028,137.00
$750,789.92
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- 10.
With regard to the copies of this Application served on counsel for the 2
Committee, counsel for the Debtor and the Office of the United States Trustee, (a) attached as Exhibit 1 hereto is the name of each professional who performed services in connection with this 4
case during the period covered by this Application and the hourly rate for each such professional; 5
6 and (b) attached as Exhibit 2 are the detailed time and expense statements for the Application 7
Period that comply with all Northern District of California Bankruptcy Local Rules and 8
Compensation Guidelines and the Guidelines of the Office of the United States Trustee.
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- 11.
The Firm has served a copy of this Application (without Exhibits) on the 10 Special Notice List in this case.
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- 12.
Pursuant to this Court's Fee Order, the Debtor is authorized to make the 12 13 payment requested herein without a further hearing or order of this Court unless an objection to 14 this Application is filed with the Court by the Debtor, the Committee or the United States 15 Trustee and served by the fifteenth day of the month following the service of this Application. If 16 such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 17 objection. The Firm is informed and believes that this Cover Sheet Application was mailed by 18 first class mail, postage prepaid, on or about March 26, 2002.
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- 13.
The interim compensation and reimbursement of expenses sought in this 20 21 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 22 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 23 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 24 Firm will be credited against such final fees and expenses as may be allowed by this Court.
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- 14.
The Firm represents and warrants that its billing practices comply with all 26 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 27 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 28 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 5
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 Fee Order.
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WINSTON & STRAWN By:
One of K Attorneys 327(e) Counsel to Debtors j
Debtors in Possession 6
Dated: March 26, 2002