ML021020170

Howard, Rice, Nemerovski, Canady, Falk & Rabkin Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for February, 2002

ML021020170
Person / Time
Site:	Diablo Canyon
Issue date:	03/29/2002
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 DM, 94-0742640
Download: ML021020170 (5)

Text

1 JAMES L. LOPES (No. 63678)

JEFFREY L. SCHAFFER (No. 91404) 56- 7 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. 01-30923 DM HOAMRD 13 PACIFIC GAS AND ELECTRIC Chapter 11 Case NEMNOV3<I 14 COMPANY, a California corporation,

&RAfNlIN AFIJýa C-- a 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 FEBRUARY, 2002 20 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its 21 Cover Sheet Application (the "Application") for Allowance and Payment of Interim 22 Compensation and Reimbursement of Expenses for the Period February 1, 2002 through 23 February 28, 2002 (the "Application Period"). In support of the Application, the Firm 24 respectfully represents as follows:

25

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 032902/1 -1419904/983896/v2

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

2 2. -The Firm billed a total of $1,011,441.25 in fees and expenses during the 3 Application Period. The total fees represent 3,477 hours0.00552 days <br />0.133 hours <br />7.886905e-4 weeks <br />1.814985e-4 months <br /> expended during the Application 4 Period. These fees and expenses break down as follows:

5 6 Period Fees Expenses Total 7 February, 2002 $965,802.86 $45,638.39 $1,011,441.25 8

9 3. Accordingly, the Firm seeks allowance of interim compensation in the total 10 amount of $866,570.82 at this time. This total is comprised as follows: $820,932.43 (85% of 11 the fees for services rendered)' plus $45,638.39 (100% of the expenses incurred).

12

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

13 RKE 4EAERNV(I 14 Application Period Amount Applied For Description Amount Paid

&R4NGJN

",* _ 15 April, 2001 $ 929,737.50 100% of unpaid fees $ 522,147.53 100% of fees and 16 May, 2001 $1,573,804.00 100% of expenses $1,573,804.00 17 100% of fxenesan June, 2001 $1,080,764.49 100% of expenses feenses $10,744

$1,080,764.49 18 July, 2001 $1,062,170.75 100% of fees and 19 100% of expenses $1'062,170"752 20 August, 2001 $ 923,168.88 100% of fees $ 923,068.883 100% of expenses 21 September, 2001 $ 870,086.06 100% of feenses $ 870,086.06 100% of expenses 22 October, 2001 $1,103,763.77 100%

100% of expenses feenses $1037.7

$1,103,763.77 23 24 'Payment of this amount would result in a "holdback" of $144,870.43.

2The Firm found certain charges that did not comply with 25 the Guidelines, in the amount of $24,035.37, were inadvertently included in Applicant's Cover Sheet Application for July, 26 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 27 fees.

3The Firm had written off an additional $100.00 in fees.

28 WD 032902/1 -1419904/983896/v2 1

Application Period Amount Applied For Description Amount Paid 2 100% of fees and November, 2001 $1,024,609.67 100% of expenses $1,024,609.67 3

85% of fees and December, 2001 $ 755,804.67 100% of expenses $ 755,804.67 4

85% of fees and 5 January, 2002 $1,024,662.22 100% of expenses $1,024,662.22 Total Paid to the S9,940,882 6

Firm to Date $9,940,882.04 7

8

5. To date, the Firm is owed as follows (excluding amounts owed pursuant to 9 this Application):

10 11 Application Period Amount Description 12 Dec. 1 - Dec. 31, 2001 $123,384.07 15% fee holdback HOWARD 13 RKIE Jan. 1 - Jan. 31, 2002 $165,046.35 15% fee holdback NAmýI 14 Total Owed to Firm to Date $288,430.42

.4 P 15 16 6. With regard to the copies of this Application served on counsel for the 17 Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of 18 the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who 19 performed services in connection with this case during the Application Period and the hourly 20 rate for each such professional; and attached as Exhibit 2 is an Account Summary. The 21 detailed time and expense statements for the Application Period that comply with all 22 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 23 the Guidelines of the Office of the United States Trustee have been submitted in electronic 24 form to the Office of the United States Trustee and mailed to counsel for the Committee and 25 to the Debtor.

26 7. The Firm is serving a copy of this Application (without Exhibits) on the 27 Special Notice List in this case.

S8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 28 WD 032902/1-1419904/983896/v2 1 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE,"

2 entered on or albout March 18, 2002 (the "Amended Order"), the Debtor is authorized to 3 make the payment requested herein without a further hearing or order of this Court, unless an 4 objection to this Application is filed with the Court by the Debtor, the Committee or the 5 United States Trustee and served by the fifteenth day of the month following the service of 6 this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if any, 7 not subject to the objection. The Firm is informed and believes that this Cover Sheet 8 Application was mailed by first class mail, postage prepaid, on or about March 29, 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 HOWAM 13 received by the Firm (along with the Firm's retainer) will be credited against such final fees RICE Qvauy 14 and expenses as may be allowed by this Court.

YRABUIN 15 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 22 23 24 25 26 4 As 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 032902/1-1419904/983896/v2 1 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 2 to the Firm as requested herein pursuant to and in accordance with the terms of the Amended 3 Order.

4 DATED: March 29, 2002 HOWARD, RICE, NEMEROVSKI, CANADY, 5 FALK & RABKIN A Professional Corporation 6

By: ý ý CI ý 8 JAMES L. L S 9 Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 10 11 12 HCARD 13 RICE c rM.K 14 A. = 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WD 032902/1-1419904/983896/v2