ML021340607

Heller Ehrman White & Mcauliffe Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period March 1, 2002 Through March 31, 2002

ML021340607
Person / Time
Site:	Diablo Canyon
Issue date:	04/30/2002
From:	Cole A Heller Ehrman White & McAuliffe, LLP, 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: ML021340607 (6)

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1 MARIE L. FIALA (No. 79676)

PETER J. BENVENUTTI (No. 60566) 2 ADAM M. COLE (No. 145344)

HELLER EHRMAN WHITE & McAULIFFE LLP 3 333 Bush Street San Francisco, California 94104-2878 4 Telephone: (415) 772-6000 Facsimile: (415) 772-6268 5

Special Counsel for Debtor in Possession 6 PACIFIC GAS AND ELECTRIC COMPANY 7

8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 In re Case No.: 01-30923 DM 12 PACIFIC GAS AND ELECTRIC 13 COMPANY, a California corporation, Chapter 11 Case 14 DFebtor.

15

[No Hearing Scheduled]

Federal I.D. No. 94-0742640 16 17 HELLER EHRMAN WHITE & McAULIFFE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM 18 COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD MARCH 1, 2002, THROUGH MARCH 31, 2002 19 20 Heller Ehrman White & McAuliffe LLP (the "Firm" or "Heller Ehrman") 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:

25 1. The Firm is Special Counsel to Pacific Gas and Electric Company, 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 Heller 28 rendered and reimbursement of expenses incurred during the Application Period.

Ehrman White & HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD MAR. 1, 2002, THROUGH MAR. 31, 2002 McAuliffe LLP CASE NO.: 01-3 0923 DM47

1 2. The Firm billed a total of $810,186.77 in fees and expenses during the 2 Application Period. The total fees represent 2,901.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> expended during the Application 3 Period. These fees and expenses break down as follows:

I 4 Period Fees Expenses Total 5 03/01/02 - 03/31/02 $781,918.10 $28,268.67 $810,186.77 6 3. Accordingly, the Firm seeks allowance of interim compensation in the total 7 amount of $692,899.06 at this time. This total comprises the following: $664,630.39 (85%

8 of the fees incurred during the Application Period)' plus $28,268.67 (100% of the expenses 9 incurred).

2 10 4. For the post-petition period, the Firm has been paid to date as follows:

11 Application Period Amount Applied For Description Amount Paid 4/6/01-7/31/01 (first $2,264,794.01 100% of fees and $2,246,327.813 12 46ost-petition interim 100% of expenses 13 fee application period) 14 15 16

.17 I Payment of this amount would result in a "holdback" of $117,287.72, equal to 15% of the Firm's 18 fees for services rendered during the Application Period.

19 2 On December 19, 2000, PG&E paid a retainer to Heller Ehrman in the amount of $350,000.

20 Pursuant to written agreement between the parties dated December 19, 2000, the retainer is not to apply to current billings in the ordinary course, but instead is to apply to Heller Ehrman's unpaid fees and expenses in 21 the event that PG&E fails to make payment in the ordinary course. By written agreement dated April 5, 2001, the parties modified that arrangement to authorize Heller Ehrman to apply the retainer to payment of 22 unpaid pre-petition fees and expenses on matters that are subject to an hourly billing arrangement. The foregoing arrangement was approved by this Court in its June 4, 2001, Order Authorizing Debtor to Employ 23 Heller Ehrman as Special Counsel (Apr. 17, 2001); see also PG&E's Application to Employ Heller Ehrman as Special Counsel ¶¶ 9-10 (Apr. 17, 2001); Declaration of Marie L. Fiala in Support of Application ¶ 9 24 (Apr. 8, 2001). As of the date of submission of this Cover Sheet Application, Heller Ehrman has applied

$153,148.07 of the retainer to a portion of its unpaid pre-petition fees and expenses on hourly rate 25 engagements. Heller Ehrman continues to hold a retainer balance of $196,851.93.

26 3 The amount paid reflects a disallowance of $18,466.20 in fees. See Order Approving Heller 27 Ehrman White & McAuliffe LLP's First Interim Fee Application for Allowance and Payment of Compensation and Reimbursement of Expenses for the Period April 6, 200 1, Through July 31, 2001 (Nov. 21, 2001); December 12, 2001 Order at pp. 16-17.

Heller 28 Ehrman White & HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD McAuliffe LLP MAR. 1,2002, THROUGH MAR. 31, 2002 Case No.: 01-30923 DM 1 Application Period Amount Applied For Description Amount Paid 2 8/1/01 - 11/30/01 $2,251,673.88 100% of fees and $2,231,752.484 (second post-petition 100% of expenses 3 interim fee application period) 4 12/1/01 - 12/31/01 $ 385,123.93 85% of fees and $ 385,123.93 5 (Dec. CSA period) 100% of expenses 01/01/02 - 01/31/02 $ 513,708.74 85% of fees and $ 513,708.77 6 (Jan. CSA period) 100% of expenses 7 02/01/02-02/28/02 $ 534,108.73 85% of fees and $ 534,108.76 (Feb. CSA period) 100% of expenses 8

Total $5,949,409.29 $5,911,021.75 9

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

11 Application Period Amount Description 12 First post-petition interim $ 0 13 fee application period (4/6/01-7/31/01) 14 Second post-petition $ 0 interim fee application 15 period (8/1/01-11/30/01) 16 December cover sheet $ 61,680.40 15% fee holdback application period 17 (12/1/01-12/31/01) 18 January cover sheet $ 84,557.88 15% fee holdback application period 19 (1/1/02 - 1/31/02) 20 February cover sheet $ 90,122.50 15% fee holdback application period 21 (2/1/02 - 2/28/02)

Total Owed to Firm to Date $ 236,360.78 22 23 6. With regard to the copies of this Application served on counsel for the 24 Committee, counsel for the Debtor and the Office of the United States Trustee, attached as 25 26 4 The amount paid reflects a disallowance of $19,921.40 in fees for certain paralegal charges. See 27 Order Approving Heller Ehrman White & McAuliffe LLP's Second Interim Fee Application ¶ 1 (Feb. 27, OP 2002).

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Heller Ehrman WMite & HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD MAR. 1, 2002, THROUGH MAR. 31, 2002 McAuliffe LLP Case No.: 01 -30923 DM 1 Exhibit 1 hereto is the name of each professional who performed services in connection with 2 this case during the period covered by this Application and the hourly rate for each such 3 professional; and (b) attached as Exhibit 2 are the detailed time and expense statements for 4 the Application Period that comply with all Northern District of California Bankruptcy 5 Local Rules and Compensation Guidelines and the Guidelines of the Office of the United 6 States Trustee.

7 7. The Firm has served a copy of this Application (without Exhibits) on the 8 Special Notice List in this case.

9 8. Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE 10 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 11 on or about July 26, 2001, the Debtor is authorized to make the payment requested herein 12 without a further hearing or order of this Court unless an objection to this Application is 13 filed with the Court by the Debtor, the Committee or the Unites States Trustee and served 14 by the fifteenth day of the month following the service of this Application. If such an 15 objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 16 objection. The Firm is informed and believes that this Cover Sheet Application was mailed 17 by first class mail, postage prepaid, on or about April 30, 2002.

18 9. The interim compensation and reimbursement of expenses sought in this 19 Application is on account and is not final. Upon the conclusion of this case, the Firm will 20 seek fees and reimbursement of the expenses incurred for the totality of the services 21 rendered in the case. Any interim fees or reimbursement of expenses approved by this 22 Court and received by the Firm (along with the Firm's Retainer) will be credited against 23 such final fees and expenses as may be allowed by this Court.

24 10. The Firm represents and warrants that its billing practices comply with all 25 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 26 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any 27 members of the Firm has any agreement or understanding of any kind or nature to divide, Heller 28 Ehrman White & HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD McAuliffe LLP MAR. 1, 2002, THROUGH MAR. 31, 2002 Cqse No.: 01-30923 DM 1 pay over or share any portion of the fees or expenses to be awarded to the Firm with any 2 other person or attorney except as among the members and associates of the Firm.

3 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to

.4 the Firm as requested herein pursuant to and in accordance with the terms of the "ORDER 5 ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT 6 PROCEDURE."

7 8 Dated: April 30, 2002 HELLER EHRMAN WHITE & McAULIFFE LLP 9

10 By:

Adam M. Cole 11 Special Counsel for Debtor in Possession 12 PACIFIC GAS AND ELECTRIC COMPANY 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Heller 28 Ehrman White & HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD MAR. 1, 2002, THROUGH MAR. 31, 2002 McAuliffe LLP Case No.: 01-30923 DM Ann C. -whnitehead PG&E 4/30 04,3U Vi;L.FOSTAOG E HellerEhrman A T T 0 R N E Y S

-R Heller Ehrman White & McAuliffe LLP o 0, 4-0 333 Bush Street San Francisco, CA 94104-2878 C [* i 500882 .

U.S. Nuctear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001 i:n.. S*:*..... *:.***