ML021570200

Winston & Strawn'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period April 1, 2002 Through April 30, 2002

ML021570200
Person / Time
Site:	Diablo Canyon
Issue date:	05/22/2002
From:	Pacific Gas & Electric Co, Winston & Strawn
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923, 94-0742640
Download: ML021570200 (6)

Text

1 Donald K. Dankner (No. 0186536)

Thomas Blakemore (No. 03121566) 2 David Agay (No. 06244314) 3 WINSTON & STRAWN 35 West Wacker Dr.

4 Chicago, IL 60601 32*5 Phone: 312-558-5600 5 Facsimile: 312-558-5700 Counsel to Debtor and Debtor in Possession 6

7 8

UNITED STATES BANKRUPTCY COURT 9

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

14 Debtor.

15 Federal I.D. No. 94-0742640 16 17 WINSTON & STRAWN'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 18 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD APRIL 1, 2002 THROUGH APRIL 30, 2002 19 20 Winston & Strawn (the "Firm") submits its Cover Sheet Application (the "Application")

21 for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the 22 Period of April 1, 2002 - April 30, 2002 (the "Application Period"). In support of the 23 Application, the Firm respectfully represents as follows:

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.1. Pursuant to the Amendment to the Amended Application for Authority to 25 Employ and to continue the Employment of Special Counsel dated as of September 13, 2001, the 26 27 Firm is counsel to the above-captioned debtor and debtor in possession (the "Debtor") and 28 employed under section 327(e) of the Bankruptcy Code, 11 U.S.C. § 101 et seq. (the "Code").

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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.

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3. The Firm billed a total of $147,556.82 in fees and expenses during the 6

7 Application Period. The Total fees represent 550.08 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> expended during the Application 8 Period. These fees and expenses break down as follows:

9 Period Fees Expenses Total 10 April 1, 2002- April $138,669.35 $8,887.47 $147,556.82 11 30, 2002 12 4. Accordingly, the Firm seeks allowance of interim compensation in the 13 total amount of $126,756.42 at this time. This total is comprised as follows:

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$117,868.95 (85% of the fees for services rendered)' plus $8,887.47 (100% of the expenses 15 incurred).

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5. Pursuant to the Stipulation and Order Regarding Employment of Winston 17 18 & Strawn as Special Counsel to the Debtor in Possession dated September 24, 2001 (the 19 "Stipulation"), the Firm's reimbursement for all fees and expenses incurred by the Firm as special 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 Special Counsel (the "Omnibus Order"). Pursuant to the Stipulation and Omnibus Order, the 23 Firm has not and will not submit Applications for fees and expenses incurred through July 31,

-24 25 2001.

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

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Payment of this amount would result in a "holdback" of $20,800.40.

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1 Amount Due Amount Paid Amount Outstanding Application Period 2 June 1, 2001-June 30, $117,735.06 $117,494.31 IMUJU 3

'Ihl JulyS~W 1, 2001 -July 31, 1$169,199.53 j$169,197.43 $0.00 4 7. To date, the Firm has been paid $117,494.31 for the June 1, 2001 through 5

June 30, 2001 period and $ 169,197.43 for the July 1, 2001 through July 31, 2001 period.

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

8 the Firm is governed by the Fee Order and must file monthly fee applications ("Cover Sheet 9 Applications") and quarterly fee applications ("Interim Fee Applications") with the Court 10 pursuant to section 331 of the Code.

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9. The following chart reflects: (a) the Cover Sheet Applications submitted to 12 date by W&S, including this Cover Sheet Application; (b) the First and Second Interim 13 14 Applications submitted to date by W&S; (c) for the fees and expenses incurred by the Firm after 15 July 31, 2001, the amounts incurred and the amounts paid to W&S by the Debtor to date; (d) 16 W&S's voluntary and Court ordered reductions in compensation sought from the Debtor as part 17 of the First Interim Application; and (e) the total amount owed by the Debtor to the Firm to date.

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Application Period 85% Fees Expenses 15% Fee Amount Paid Total Amount Holdback Owed 2 3

4 August 1 - August $154,103.08 $16,381.43 $27,194.66 $169,672.07 $28,007.10 31, 2001 5

September 1 - $195,463.75 $8,320.04 $34,493.60' $203,781.84 $34,495.55 6 September 30, 2001 7 October 1 - October $258,807.44 $25,641.76 $45,671.91 $284,288.66 $45,832.45 31, 2001 8

November 1 - $283,984.32 $24,123.18 $50,114.88 $308,107.51 $50,114.87 9 November 30, 20014 10 Gross Amounts for $892,358.59 $74,466.41 $157,475.05 $965,850.08 $158,449.97 August 1 - November 11 30, 2001 Interim Application Period 12

($10,861.94) ($3,260.02) ($1,916.82) n/a ($12,676.27)

Reductions for 13 August 1 - November 30, 2001 Interim 14 Application Period 5 I _______ J F +

$155,558.23 $965,850.08 $142,411.19 15 Net Amounts for $881,496.65 $71,206.39 August 1 - November 16 30, 2001 Interim Application Period A. I + I 17 Disbursement reconciliation Check 18 dated January 4, 2002 $40.00 ($40.00) relating to expenses 19 incurred during First Interim Application 20 Period I _ _ _ _ I _ _ I__ _ _ _ _ I!_

21 22 23 24 2 Total Amount Owed includes the 15% holdback.

25 3 On November 5, 2001, the Firm filed a corrected and amended cover sheet application for the month of September 200 1. The 26 the 85% of fees, the September originally filed September 2001 cover sheet application inadvertently miscalculated and misstated Holdback and the total interim compensation sought.

27 4 Payment for November 2001 was received on January 23, 2002, after the Firm filed its Interim Fee Application.

28 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.

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1 Period that comply with all Northern District of California Bankruptcy Local Rules and 2 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 4

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 6

to 7 payment requested herein without a further hearing or order of this Court unless an objection States 8 this Application is filed with the Court by the Debtor, the Committee or the United Application. If 9 Trustee and served by the fifteenth day of the month following the service of this 10 to the such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject 11 was mailed by objection. The Firm is informed and believes that this Cover Sheet Application 12 first class mail, postage prepaid, on or about May 22, 2002.

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13. The interim compensation and reimbursement of expenses sought in this 14 Firm will seek 15 Application is on account and is not final. Upon the conclusion of this case, the in the 16 fees and reimbursement of the expenses incurred for the totality of the services rendered received by the 17 case. Any interim fees or reimbursement of expenses approved by this Court and 18 by this Court.

Firm will be credited against such final fees and expenses as may be allowed 19

14. The Firm represents and warrants that its billing practices comply with all 20 and the Northern District of California Bankruptcy Local Rules and Compensation Guidelines 21 any members of the 22 Guidelines of the Office of the United States Trustee. Neither the Firm nor or share any 23 Firm has any agreement or understanding of any kind or nature to divide, pay over person or attorney 24 portion of the fees or expenses to be awarded to the Firm with any other 25 except as among the members and associates of the Firm.

26 27 28 6

1 2 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 3

to the Firm as requested herein pursuant to and in accordance with the terms of the Fee Order.

4 5

Dated: May 22, 2002 WINSTON & STRAWN 6

7 By: /

One of Its Atto ,ys 8 327(e) Counstdl Debtors and Debtors in Possession 9

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