ML021330204

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

ML021330204
Person / Time
Site:	Diablo Canyon
Issue date:	04/30/2002
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: ML021330204 (5)

Text

1 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. 01-30923 DM 13 1

HOWRD Chapter 11 Case A 14 PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, ELK

&RA*VN Debtor. [NO HEARING REQUESTED]

,..*. 15 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 MARCH, 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 March 1, 2002 through 23 March 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 041802/1-1419904/988897/vl

,( c$*$ /

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

2 2. The Firm billed a total of $1,173,475.23 in fees and expenses during the 3 Application Period. The total fees represent 4018.40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> expended during the Application 4 Period. These fees and expenses break down as follows:

5 6 Period Fees Expenses Total 7 March, 2002 $1,080,020.01 $93,455.22 $1,173,475.23 8

9 3. Accordingly, the Firm seeks allowance of interim compensation in the total 10 amount of $ 1,011,472.23 at this time. This total is comprised as follows: $918,017.01 (85%

11 of the fees for services rendered)1 plus $ 93,455.22 (100% of the expenses incurred).

12

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

H'VA& 13 RKE mCA0t 14 Application Period Amount Applied For Description Amount Paid A_,*.a.* 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 $1,573,804.00 100% of fees and 17 June, 2001 $1,080,764.49 100% of expenses $1,080,764.49 100% of fees and 2 18

$1,062,170.75 100% of expenses $1,062,70.75 July, 2001 19 100% of fees and 3

$ 923,168.88 100% of expenses $ 923,068.88 20 August, 2001 100% of fees and 21 September, 2001 $ 870,086.06 100% of fees and $ 870,086.06 100% -ofexpenses 22 100% of fees and October, 2001 $1,103,763.77 100% of expenses $1,103,763.77 23 24 1Payment of this amount would result in a "holdback" of $162,003.00.

2The Firm found certain charges that did not comply with the Guidelines, in the amount 25 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 04180211-1419904/988897/vl 1

Application Period Amount Applied For Description Amount Paid 2

November, 2001 $1,024,609.67 100% of fees and $1,024,609.67 85% expenses 100%ofoffees and 3

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 6 February, 2002 $ 866,570.83 85% of fees and $ 866,570.83 100% of expenses 7 Total Paid to the $10,807,452.87 8 Firm to Date 9

5. To date, the Firm is owed as follows (excluding amounts owed pursuant to 10 this Application):

11 12 Application Period Amount Description HOVORD 13 RICE Dec. 1 - Dec. 31, 2001 $123,384.07 15% fee holdback N 14

&RAtMN Jan. 1 -Jan. 31, 2002 $165,046.35 15% fee holdback A.tW 15 Feb. 1 - Feb. 28, 2002 $144,870.43 15% fee holdback 16 Total Owed to Firm to Date $433,300.85 17 18 6. With regard to the copies of this Application served on counsel for the 19 Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of 20 the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who 21 performed services in connection with this case during the Application Period and the hourly 22 rate for each such professional; and attached as Exhibit 2 is an Account Summary. The 23 detailed time and expense statements for the Application Period that comply with all 24 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 25 the Guidelines of the Office of the United States Trustee have been submitted in electronic 26 form to the Office of the United States Trustee and mailed to counsel for the Committee and 27 to the Debtor.

28 WD 041802/1-1419904/988897/vl 1 7. The Firm is serving a copy of this Application (without Exhibits) on the 2 Special Notice List in this case.

3 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 4 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE,"

5 entered on or about March 18, 2002 (the "Amended Order"), the Debtor is authorized to 6 make the payment requested herein without a further hearing or order of this Court, unless an 7 objection to this Application is filed with the Court by the Debtor, the Committee or the 8 United States Trustee and served by the fifteenth day of the month following the service of 9 this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if any, 10 not subject to the objection. The Firm is informed and believes that this Cover Sheet 11 Application was mailed by first class mail, postage prepaid, on or about April 30, 2002.

12 9. The interim compensation and reimbursement of expenses sought in this HaWA&

13 Application is on account and is not final. Upon the conclusion of this case, the Firm will RKE oW 14

ý1EIR NE' CtAN'DN seek fees and reimbursement of the expenses incurred for the totality of the services rendered A*,ba*.d- 15 in the case. Any interim fees or reimbursement of expenses approved by this Court and 16 received by the Firm (along with the Firm's retainer) will be credited against such final fees 17 and expenses as may be allowed by this Court.

18 10. The Firm represents and warrants that its billing practices comply with all 19 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 4

20 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any members 21 of the Firm has any agreement or understanding of any kind or nature to divide, pay over or 22 share any portion of the fees or expenses to be awarded to the Firm with any other person or 23 attorney except as among the members and associates of the Firm.

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 suchCourt ofthe in thisand deviation a request case. , for payment of such interim fee application to charges in its next 28 WD 041802/1-1419904/988897/v

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: April 30, 2002 HOWARD, RICE, NEMEROVSKI, CANADY, 5 FALK & RABKIN A Professional Corpgration 6

7 By:

8 9 for Debtor and Debtor in Possession GAS AND ELECTRIC COMPANY 10 11 12 HOWARD 13 RIME EU.K

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