ML021620278

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

ML021620278
Person / Time
Site:	Diablo Canyon
Issue date:	05/30/2002
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: ML021620278 (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 Case No. 01-30923 DM In re HOWMRD 13 Chapter 11 Case ICE PACIFIC GAS AND ELECTRIC 14 COMPANY, a California corporation,

&RAN(IN 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 APRIL, 2002 20 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Finn") submits its 21 Cover Sheet Application (the "Application") for Allowance and Payment of Interim 22 Compensation and Reimbursement of Expenses for the Period April 1, 2002 through April 23 31, 2002 (the "Application Period"). In support of the Application, the Firm respectfully 24 represents as follows:

25

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 ii WD 052902/1-1419904/997515/vi I A/I

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

2 2. The Firm billed a total of $1,296,430.04 in fees and expenses during the 3 Application Period. The total fees represent 4663 hours0.054 days <br />1.295 hours <br />0.00771 weeks <br />0.00177 months <br /> expended during the Application 4 Period. These fees and expenses break down as follows:

5 6 Prmnd Fees Expenses Total 7

iApril,PP,2002

• nd I

Fees

$1 .227.293.00 1 $69,137.04 $1,296,430.04

$1227 293.00 8

9 3. Accordingly, the Firm seeks allowance of interim compensation in the total 10 amount of $1,112,336.09 at this time. This total is comprised as follows: $1,043,199.05 11 (85% of the fees for services rendered) plus $69,137.04 (100% of the expenses incurred).

1 12

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

HON~aD 13 RKE 14 Description Amount Paid___

mEW Application Period Amount Applied For N.I(

&RAHNC i

Amount Paid

,

• 15 $ 929,737.50 100% of unpaid fees $ 522,147.53 April, 2001 100% of fees and $1,573,804.00 16 May, 2001 $1,573,804.00 100% of expenses 100% of fees and $1,080,764.49 17 June, 2001 $1,080,764.49 100% of expenses 18 100% of fees and $1,062,170.752 July, 2001 $1,062,170.75 100% of expenses 19 100% of fees and $ 923,068.883 20 August, 2001 $ 923,168.88 100% of expenses 100% of fees and $ 870,086.06 21 September, 2001 $ 870,086.06 100% of expenses 22 100% of fees and $1,103,763.77 October, 2001 $1,103,763.77 100% of expenses 23 24 'Payment of this amount would result in a "holdback" of $184,093.95.

2The Firm found certain charges that did not comply with the Guidelines, in the amount 25 Application for July, of $24,035.37, were inadvertently included in Applicant's Cover Sheet Firm has credited 26 2001, as described in its First Interim Application previously filed.anThe additional $114.00 in this amount appropriately. Additionally, the Firm had written off 27 fees.

3The Firm had written off an additional $100.00 in fees.

28 WD 052902/1-1419904/997515/vl r I 1 Description Amount Paid Application Period Amount Applied For For I S.............

Amount A-Dl)lied

• Jk 2 100% of fees and $1,024,609.67 November, 2001 $1,024,609.67 100% of expenses I I 3

85% ot tees and $ 755,804.67 December, 2001 $ 755,804.67 100% of expenses 4

85% of fees an $1,024,662.22 5 January, 2002 $1,024,662.22 100%f~p 3es 85% of fees and $ 866,570.83 6 February, 2002 $ 866,570.83 100% of expenses 85% of fees and $ -0 7 March, 2002 $ 918,017.01 100% of expenses 8 I I Total Paid to the $10,807,452.87 9 Firm to Date 10 11 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to 12 this Application):

HO~ARD 13 RKE Amount Description CAHM"I 14 Application Period

&RANGN

$123,384.07 15% fee holdback 15 Dec. 1- Dec. 31, 2001

$165,046.35 15% fee holdback 16 Jan. 1-Jan. 31, 2002 I

$144,870.43 15% fee holdback 17 Feb. 1 - Feb. 28, 2002

$162,003.00 15% fee holdback 18 Mar. 1 - Mar. 31, 2002 19 Total Owed to Firm to Date $595,303.85 20

6. With regard to the copies of this Application served on counsel for the 21 the Office of 22 Official Committee of Unsecured Creditors (the "Committee"), the Debtor and who 23 the United States Trustee, attached as Exhibit 1 hereto is the name of each professional hourly 24 performed services in connection with this case during the Application Period and the 25 rate for each such professional; and attached as Exhibit 2 is an Account Summary. The 26 detailed time and expense statements for the Application Period that comply with all and 27 Northern District of California Bankruptcy Local Rules and Compensation Guidelines the Guidelines of the Office of the United States Trustee have been submitted in electronic 28 WD 052902/1-1419904/997515/vl 1 form to the Office of the United States Trustee and mailed to counsel for the Committee and 2 to the Debtor.

3 7. The Firm is serving a copy of this Application (without Exhibits) on the 4 Special Notice List in this case.

5 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 6 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE 7 (Revised March, 2002)" (the "Amended Order"), the Debtor is authorized to make the 8 payment requested herein without a further hearing or order of this Court, unless an objection 9 to this Application is filed with the Court by the Debtor, the Committee or the United States 10 Trustee and served by the fifteenth day of the month following the service of this Application.

11 If such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 12 objection. The Firm is informed and believes that this Cover Sheet Application was mailed HONVA.D 13 by first class mail, postage prepaid, on or about May 30, 2002.

RID RCE14 9. The interim compensation and reimbursement of expenses sought in this

&RAI.WN 15 Application is on account and is not final. Upon the conclusion of this case, the Firm will 16 seek fees and reimbursement of the expenses incurred for the totality of the services rendered 17 in the case. Any interim fees or reimbursement of expenses approved by this Court and 18 received by the Firm (along with the Firm's retainer) will be credited against such final fees 19 and expenses as may be allowed by this Court.

20 10. The Firm represents and warrants that its billing practices comply with all 21 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 4

22 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any members 23 of the Firm has any agreement or understanding of any kind or nature to divide, pay over or 24 share any portion of the fees or expenses to be awarded to the Firm with any other person or 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 therequest Court's Guidelines. The 27 Firm intends to provide a full explanation of such deviation and a for payment of such to the Court in this case.

28 charges in its next interim fee application WD 052902/1-1419904/997515/vl I attorney except as among the members and associates of the Firm.

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 Amended 4 Order.

5 DATED: May 30, 2002 HOWARD, RICE, NEMEROVSKI, CANADY, 6 FALK & RABKIN A Professional Corporation 7

9 By )JAMES L. LOPET 10 Attorneys for Debtor and Debtor in Possession 11 PACIFIC GAS AND ELECTRIC COMPANY 12 HOWAMRD13 RICE NmUa.'04T (14 16 17 18 19 20 21 22 23 24 25 26 27 28 WD 052902/1-1419904/997515/vl