ML022200429
| ML022200429 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 07/31/2002 |
| From: | Joseph Kelly Cooley Godward, 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: ML022200429 (3) | |
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6 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re Chapter I I PACIFIC GAS AND ELECTRIC Case No. 01-30923 DM COMPANY, a California corporation, COOLEY GODWARD LLP'S THIRTEENTH COVER Debtor.
SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND Federal ID No. 94-0742640 REIMBURSEMENT OF EXPENSES FOR THE PERIOD JUNE 1, 2002 - JUNE 30 2002
[No Hearing Scheduled]
Cooley Godward LLP (the "Firm") submits this Thirteenth Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period June I, 2002 - June 30, 2002 (the "Application Period").
This Application is made pursuant to the Order Establishing Interim Fee Application and Expense Reimbursement Procedure that was entered on or about June 26, 2002, as amended November 8, 2002, and amended again as of March 18, 2002 ("Interim Fee Order"). Paragraph 4 of the Interim Fee Order contemplates that Pacific Gas and Electric Company (the "Debtor") shall pay a portion of its professionals undisputed fees and all costs after the fifteenth day of the month following the filing and service of the Application ("Interim Compensation").
In support of this Application, the Firm respectfully represents as follows:
- 1.
The Firm is Special Counsel to the Debtor. The Firm hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of 697273,l I/SF COOLE CGOOWARD LLP's NOTICE "nynipl 1 DXC OF 13H"CtVERISIILEI APPLICATION I.
CASE. No. 01-30923 DM COOLEY GODWARD LLP J. MICHAEL KELLY (133657)
ROBERT L. EISENBACIl (124896)
GREGG S. KLEINER (141311)
One Maritime Plaza, 20th Floor San Francisco, CA 94111-3580 Telephone:
(415) 693-2000 Facsimile:
(415) 951-3699 Special Counsel to Debtor PACIFIC GAS AND ELECTRIC COMPANY 1
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPLICATION PERIOD AMOUNT APPLIED [
DESCRIPTION AMOUNT PAID FOR I__________
04/06/01 - 07/31/01 (I tpost-petition
$305,205,04 100% of fees and
$305,205.047 interim fee apfionf
_ rirrrr expenses 0/0 1/01 I L/30/0I (2" post-petition
$981,483.45 100 % of fees and
$981,483.45 interim fee application period) expenses 12/01/01 -03/31/02 (3' poS-petition
$781,865.23 100% of fees and
$781,865.23 interim fee application period) expenses 04/01/02 - 04/30/02 (April Cover
$217,262.61 85% of fees and 100%
$217,262.61 Sheet Application Period) 1of expenses 05/01/02 - 05/31/02 (May Cover
$211,299.87 85% of fees and 100%
$211,299.87 Sheet Application Period) of expenses TOTAL:
$2,497,116.20
$2,497, 16.20
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To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
APPLICATION PERIOD AMOUNT I)IDSCRIPTION 04/06/01-07/31/01 (I" post-petition
$ -0 interim fee application period) 08/01/01 11/30/01 (2 post-petition
$ -0 interim fee application period) 12/-1/0-03/31/02 (3rd post petition
$ -0 interim fee application period) 04/01/02 - 04/30/02 (April Cover
$36,133.42 15% of fee holdback Sheet Application Period) 05/01/02 - 05133/02 (May Cover
$33,697.12 15% of fee holdback Sheet Application Period)
TOTAL:
$69,830.54
' Payment of this amount would result in a "holdback" of $26,654.85.
All except $29,434.90 was paid from the Firm's prepetition retainer 697273 0. I/SF us,/pI I* Dx" 2.
CooLEY GoDWARD LLP'S Not it F 01; 13'" COVER SHEET APPII Al ION CA9V No. 01-30923 DM expenses incurred during the Application Period.
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The Firm billed a total of $182,423.00 in fees and expenses during the Application Period. The total fees represent approximately 532.60 hours6.944444e-4 days <br />0.0167 hours <br />9.920635e-5 weeks <br />2.283e-5 months <br /> expended during the period covered by this Application. These fees and expenses break down as follows:
PERIOD FEES T
EXPENSES I
TOTAL June Ito June 30.2002
$177,699.00
$4,724.00
$182,423.00
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Accordingly, the Firm seeks allowance of interim compensation in the amount of a total ofS$155,768.15 at this time. This total is comprised as follows: $V51,044.15 (85%) of the fees for services rendered' plus $4,724.00 (100% of the expenses incurred).
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For the post-petition period, the Firm has been paid to date as follows:
ýov ojc. (ýOt, 1 64,1ýe V.
tio?,
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With regard to the copies of this Application served on counsel for the Committee, counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit I hereto is the name of each professional who performed services in connection with this case during the period covered by this Application and the hourly rate for each such professional, and (b) attached as Exhibit 2 are the detailed time and expense statements for the Application 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.
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The Firm has served a ciipy of this Application (without Exhibits) on the Special Notice List in this case.
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Pursuant to this Court's Interim 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 Application was mailed by first class mail, postage prepaid, on or about July 31, 2002.
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The interim compensation and reimbursement of expenses sought in this Application is on account and is not final. Upon the conclusion of these cases, 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 (along with the Firm's retainer) will be credited against such final fees and expenses as may be allowed by this Court.
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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.
697273 vl I/Si COOLEI, (;OD%'ARD LLP's NOTICE I
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- N111I IXX" CASE No. 01-30923 DM COOi.*yV GODOWARD LLP's Nol IF.
OF 13'" COVtR SnEET APPI.ICA1IO CASE No. 01-30923 DM WHERtEFORIE, the Firm respectfully requests that the Debtor pay compensation to the Firm as required herein pursuant to and in accordance with the terms of the Interim Fee Order.
Dated: July 31, 2002 COOLEY GODWARD LLP By:
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J. Michael Kely Special Coun I to Debtor PACIFIC GAS AND ýETLE* *C*MPANY 3.
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I Cooley Godward LLp ATTORNEYS AT LAW One Maritime Plaza 20th Floor San Francisco, CA 94111-3580 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001