ML021570200

Winston & Strawns 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)

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9 10 11 In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.

Federal I.D. No. 94-0742640 Case No. 01-30923 DM Chapter 11 Case

[No Hearing Scheduled]

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

for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period of April 1, 2002 - April 30, 2002 (the "Application Period").

In support of the Application, the Firm respectfully represents as follows:

.1.

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

r Donald K. Dankner (No. 0186536)

Thomas Blakemore (No. 03121566)

David Agay (No. 06244314)

WINSTON & STRAWN 35 West Wacker Dr.

Chicago, IL 60601 Phone: 312-558-5600 Facsimile: 312-558-5700 Counsel to Debtor and Debtor in Possession UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 32*5 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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-24 25 26 27 28 Period Fees Expenses Total April 1, 2002-April

$138,669.35

$8,887.47

$147,556.82 30, 2002

4.

Accordingly, the Firm seeks allowance of interim compensation in the total amount of $126,756.42 at this time. This total is comprised as follows:

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

5.

Pursuant to the Stipulation and Order Regarding Employment of Winston

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

6.

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

1Payment of this amount would result in a "holdback" of $20,800.40.

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Pursuant to the Order Establishing Interim Fee Application and Expense Reimbursement Procedure entered on July 26, 2001 (the "Fee Order"), the Firm hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during the Application Period.

3.

The Firm billed a total of $147,556.82 in fees and expenses during the 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 Period. These fees and expenses break down as follows:

Application Period Amount Due Amount Paid Amount Outstanding June 1, 2001-June 30,

$117,735.06

$117,494.31 IMUJU

'Ihl JulyS~W 1, 2001 -July 3 1, 1$169,199.53 j$169,197.43

$0.00 1

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7.

To date, the Firm has been paid $117,494.31 for the June 1, 2001 through June 30, 2001 period and $ 169,197.43 for the July 1, 2001 through July 31, 2001 period.

8.

For fees and expenses incurred on behalf of the Debtor after July 31, 2001, the Firm is governed by the Fee Order and must file monthly fee applications ("Cover Sheet Applications") and quarterly fee applications ("Interim Fee Applications") with the Court pursuant to section 331 of the Code.

9.

The following chart reflects: (a) the Cover Sheet Applications submitted to date by W&S, including this Cover Sheet Application; (b) the First and Second Interim Applications submitted to date by W&S; (c) for the fees and expenses incurred by the Firm after July 31, 2001, the amounts incurred and the amounts paid to W&S by the Debtor to date; (d)

W&S's voluntary and Court ordered reductions in compensation sought from the Debtor as part of the First Interim Application; and (e) the total amount owed by the Debtor to the Firm to date.

[rest ofpage left intentionally blank]

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10 11 12 13 14 Reductions for August 1 - November 30, 2001 Interim Application Period5 Net Amounts for August 1 - November 30, 2001 Interim Application Period Disbursement reconciliation Check dated January 4, 2002 relating to expenses incurred during First Interim Application Period

($10,861.94)

($3,260.02)

($1,916.82) n/a I _______

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$881,496.65

$71,206.39

$155,558.23 A.

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$965,850.08

$40.00 I

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($12,676.27)

$142,411.19

($40.00) 2 Total Amount Owed includes the 15% holdback.

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

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.

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Application Period 85% Fees Expenses 15% Fee Amount Paid Total Amount Holdback Owed2 August 1 - August

$154,103.08

$16,381.43

$27,194.66

$169,672.07

$28,007.10 31, 2001 September 1 -

$195,463.75

$8,320.04

$34,493.60'

$203,781.84

$34,495.55 September 30, 2001 October 1 - October

$258,807.44

$25,641.76

$45,671.91

$284,288.66

$45,832.45 31, 2001 November 1 -

$283,984.32

$24,123.18

$50,114.88

$308,107.51

$50,114.87 November 30, 20014 Gross Amounts for

$892,358.59

$74,466.41

$157,475.05

$965,850.08

$158,449.97 August 1 - November 30, 2001 Interim Application Period 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Period that comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee.

11.

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

12.

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

13.

The interim compensation and reimbursement of expenses sought in this Application is on account and is not final. Upon the conclusion of this case, the Firm will seek fees and reimbursement of the expenses incurred for the totality of the services rendered in the case. Any interim fees or reimbursement of expenses approved by this Court and received by the Firm will be credited against such final fees and expenses as may be allowed by this Court.

14.

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

WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the Firm as requested herein pursuant to and in accordance with the terms of the Fee Order.

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-24 25 26 27 28 WINSTON & STRAWN By:

/

One of Its Atto

, ys 327(e) Counstdl Debtors and Debtors in Possession 7

Dated: May 22, 2002