ML021230347

Winston & Strawn'S Cover Sheet Application for Allowance & Payment of Interim Compensation & Reimbursement of Expenses for Period March 1, 2002 Through March 31, 2002

ML021230347
Person / Time
Site:	Diablo Canyon
Issue date:	04/22/2002
From:	Winston & Strawn
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of Ohio
References
01-30923 DM, 94-0742640
Download: ML021230347 (6)

Text

1 Donald K. Dankner (No. 0186536)

Thomas Blakemore (No. 03121566) 2 David Agay (No. 06244314)

WINSTON & STRAWN 3 5 West Wacker Dr.

4 Chicago, IL 60601 3_.

Phone: 312-558-5600 5 Facsimile: 312-558-5700 Counsel to Debtor and Debtor in Possession 6

7 8

9 UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION Case No. 01-30923 DM 12 In re Chapter 11 Case 13 PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, [No Hearing Scheduled]

14 14 Debtor.

15 Federal I.D. No. 94-0742640 16 FOR 17 WINSTON & STRAWN'S COVER SHEET APPLICATION ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 18 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD 2002 19 MARCH 1, 2002 THROUGH MARCH 31.

& Strawn (the "Firm") submits its Cover Sheet Application (the "Application")

20 Winston and Reimbursement of Expenses for the 21 for Allowance and Payment of Interim Compensation Period"). In support of the 22 Period of March 1, 2002 - March 31, 2002 (the "Application 23 Application, the Firm respectfully represents as follows:

24 for Authority to

1. Pursuant to the Amendment to the Amended Application 25 dated as of September 13, 2001, the Employ and to continue the Employment of Special Counsel 26 and is counsel to the above-captioned debtor and debtor in possession (the "Debtor")

27 27 Firm Code, 11 U.S.C. § 101 et sec. (the "Code").

28 employed under section 327(e) of the Bankruptcy r , cr-0 O6oc\

1 2. Pursuant to the Order Establishing Interim Fee Application and Expense 2 Reimbursement Procedure entered on July 26, 2001 (the "Fee Order"), the Firm hereby applies to 3 the Court for allowance and payment of interim compensation for services rendered and 4

reimbursement of expenses incurred during the Application Period.

5 during the 6 3. The Firm billed a total of $116,973.77 in fees and expenses hours expended during the Application 7 Application Period. The Total fees represent 404.02 8 Period. These fees and expenses break down as follows:

9 Period Fees Expenses Total 10 March 1, 2002- $106,573.85 $10,399.92 $116,973.77 11 March 31, 200 2 12 4. Accordingly, the Firm seeks allowance of interim compensation in the 13 total amount of $100,987.69 at this time. This total is comprised as follows:

14 $90,587.77 (85% of the fees for services rendered)' plus $10,399.92 (100% of the expenses 15 incurred).

16 Employment of Winston 17 5. Pursuant to the Stipulation and Order Regarding dated September 24, 2001 (the 18 & Strawn as Special Counsel to the Debtor in Possession the Firm as special 19 "Stipulation"), the Firm's reimbursement for all fees and expenses incurred by 20 counsel to Debtor through July 31, 2001, is governed by the Order entered on August 16, 2001, 21 approving the Amended Application for Authority to Employ and Continue the Employment of 22 Order, the Special Counsel (the "Omnibus Order"). Pursuant to the Stipulation and Omnibus 23 July 31, Firm has not and will not submit Applications for fees and expenses incurred through 24 25 2001.

26 6. To date, the Firm has submitted invoices for the following post-petition 27 services directly to the debtor:

28 Payment of this amount would result in a "holdback" of $15,986.08.

2

1 Application Period Amount Due Amount Paid Amount Outstanding June 1, 2001-June 30, $117,735.06 $117,494.31 $0.00 2

2001 July 1, 2001-July 31, $169,199.53 $169,197.43 $0.00 3

2001 4 7. For fees and expenses incurred on behalf of the Debtor after July 31, 2001, 5

the Firm is governed by the Fee Order and must file monthly fee applications ("Cover Sheet 6

Applications") and quarterly fee applications ("Interim Fee Applications") with the Court 7

pursuant to section 331 of the Code.

8 9 8. The following chart reflects: (a) the Cover Sheet Applications submitted to 10 date by the Firm, including this Cover Sheet Application; (b) the Interim Fee Applications 11 submitted to date by the Firm; (c) for the fees and expenses incurred by the Firm after July 31, 12 2001, the amounts incurred and the amounts paid to the Firm by the Debtor to date; (d) the 13 Firm's voluntary reductions in compensation sought from the Debtor as part of the Firm's Interim 14 15 Fee Application filed on January 14, 2002 (the "First Interim Application") and additional 16 reductions in compensation pursuant to the Court's April 2, 2002 Order Approving the Firm's 17 First Interim Application; and (e) the total amount owed by the Debtor to the Firm to date.

18 [rest ofpage left intentionally blank]

19 20 21 22 23 24 25 26 27 28 3

1 85% Fees Expenses 15% Fee Amount Paid Total Amount 2

Application Period 1-nldhaek Owed 2 __________ ____________

1____ 1- - - .I 3 $28,007.10

$154,103.08 $16,381.43 $27,194.66 $169,672.07 August 1 - August 4 31,20014 4

$195,463.75 $8,320.04 $34,493.60' $203,781.84 $34,495.55 September 1 5

September 30, 2001 6 $258,807.44 $25,641.76 $45,671.91 $284,288.66 $45,832.45 October 1 - October 7 31, 2001

$283,984.32 $24,123.18 $50,114.88 $308,107.51 $50,114.87 8 November 1 November 30, 20014 I _ _ _ _

9 $74,466.41 $157,475.05 $965,850.08 $158,449.97 Gross Amounts for $892,358.59 10 August 1 - November 30, 2001 Interim 11 Application Period j ~4---r

($10,861.94) ($3,260.02) ($1,916.82) n/a ($12,676.27) 12 Reductions for August 1 - November 13 30, 2001 Interim Application Period 5 I _ _ _ _

14 $71,206.39 $155,558.23 $965,850.08 $142,411.19 Net Amounts for $881,496.65 15 August 1 - November 30, 2001 Interim 16 Application Period I- i Interim Fee Payment 17 Received by Check Dated as of April 10, n/a n/a $142,371.20 ($142,371.20) 18 2002, per the Court's n/a April 2, 2002 Order, 19 for Unpaid Amounts Due and Owing from 20 the August 1 November 30, 2001 21 Interim Application Period I I I 1 22 $9,630.29 $62,286.92

$9,630.29 December 1 $54,571.66 $7,715.25 23 December 31, 2001 1 _ _ _ _ _ _j_ _ _ _ _

22 2 Total Amount Owed includes the 15% holdback.

5 2 3 On November 5, 2001, the Firm filed a corrected and amended cover sheet application for the month of September 2001. The September 26 originally filed September 2001 cover sheet application inadvertently miscalculated and misstated the 85% of fees, the 2 Holdback and the total interim compensation sought.

7 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 additional reductions pursuant to the Court's Order entered on April 2, 2002 approving the Firm's First Interim Application.

4

I Total Amount Expenses 15% Fee Amount Paid 1 Application Period 85% Fees (cont.) (cont.) Owed (cont.)

(cont.) Holdback (cont.) (cont.)

2

$21,270.04 $34,367.61 $0.00 $250,387.44 3 $194,749.79 January 1 January 31, 2002 4 $344,998.50

$21,755.65 $48,486.43 $0.00

$274,756.42 5 February 1 - February 28, 2002

$10,399.92 $15,986.08 $0.00 $116,973.77 6 $90,587.77 March 1 - March 31, 7 2002

$132,347.25 $264,028.64 $1,170,508.20 $722,029.99 Totals to Date: $1,496,162.29 8

9 for the 10 9. With regard to the copies of this Application served on counsel 11 United States Trustee, (a) attached as Committee, counsel for the Debtor and the Office of the 12 services in connection with this Exhibit 1 hereto is the name of each professional who performed 13 rate for each such professional; case during the period covered by this Application and the hourly 14 statements for the Application and (b) attached as Exhibit 2 are the detailed time and expense 15 Local Rules and 16 Period that comply with all Northern District of California Bankruptcy United States Trustee.

17 Compensation Guidelines and the Guidelines of the Office of the on the 18 10. The Finn has served a copy of this Application (without Exhibits) 19 Special Notice List in this case.

20 to make the

11. Pursuant to this Court's Fee Order, the Debtor is authorized 21 Court unless an objection to payment requested herein without a further hearing or order of this 22 Committee or the United States 23 this Application is filed with the Court by the Debtor, the the service of this Application. If 24 Trustee and served by the fifteenth day of the month following if any, not subject to the 25 such an objection is filed, Debtor is authorized to pay the amounts, 26 Application was mailed by objection. The Firm is informed and believes that this Cover Sheet 27 first class mail, postage prepaid, on or about March 26, 2002.

28 in this

12. The interim compensation and reimbursement of expenses sought this case, the Firm will seek Application is on account and is not final. Upon the conclusion of II 5

the totality of the services rendered in the 1 fees and reimbursement of the expenses incurred for received by the 2 case. Any interim fees or reimbursement of expenses approved by this Court and 3 Firm will be credited against such final fees and expenses as may be allowed by this Court.

4 comply with all

13. The Firm represents and warrants that its billing practices 5 and the District of California Bankruptcy Local Rules and Compensation Guidelines 6 Northern members of the of the Office of the United States Trustee. Neither the Firm nor any 7 Guidelines or nature to divide, pay over or share any 8 Firm has any agreement or understanding of any kind Firm with any other person or attorney 9 portion of the fees or expenses to be awarded to the 10 except as among the members and associates of the Firm.

Debtor pay compensation WHEREFORE, the Firm respectfully requests that the 12 Fee Order.

to and in accordance with the terms of the 13 13 to the Firm as requested herein pursuant 14 WINSTON & STRAWN 15 Dated: April 22, 2002 16 By : / Its One of Attorne Its 327(e) Counsel to ebtors and Debtors in Possession 18 19 20 21 22 23 24 25 26 27 28 6