ML023090331
| ML023090331 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 10/30/2002 |
| 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: ML023090331 (7) | |
Text
MARIE L. FIALA (No. 79676)
PETER J. BENVENUTTI (No. 60566)
ADAM M. COLE (No. 145344)
HELLER EHRMAN WHITE & McAULIFFE LL'P 333 Bush Street San Francisco, California 94104-2878 Telephone: (415) 772-6000 Facsimile: (415) 772-6268 1
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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]
HELLER EHRMAN WHITE & McAULIFFE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD SEPTEMBER 1, 2002, THROUGH SEPTEMBER 30, 2002 Heller Ehrman White & McAuliffe LLP (the "Firm" or "Heller Ehrman") submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period September 1, 2002, through September 30, 2002 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
- 1.
The Firm is Special Counsel to Pacific Gas and Electric Company, debtor and debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm 27 Heller 28 Ehrman White &
McAuliffe.LP
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HELLER EHRMAN'S COVER SHEET APPLICATION-FOR PERIOD SEPTEMBER 1, 2002, THROUGH SEPTEMBER 30, 2002 CASE NO.: 01-30923 DM Special Counsel for Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 1.0 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26
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hereby applies to the Court for allowance and payment of interim compensation for services 2
rendered and reimbursement of expenses incurred during the Application Period.
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- 2.
The Firm billed a total of $836,406.99 in fees and expenses during the 4
Application Period. The total fees represent 2,700.40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> expended during the 5
Application Period. These fees and expenses break down as follows:
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McAuliffe LLP Period Fees Expenses Total 09/01/02 - 09/30/02
$770,796.50
$65,610.49
$836,406.99
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $720,787.52 at this time. This total comprises the following: $655,177.03 (85%
of the fees incurred during the Application Period)' plus $65,610.49 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows: 2 Application Period Amount Applied For Description Amount Paid
-4/6/01 -_7/31/01-(firstL-
-$2,264,794.01-.
JO00%-of fees-and
-$2,246,327.813 post-petition interim 100% of expenses fee application period)
' Payment of this amount would result in a "holdback" of $115,619.48, equal to 15% of the Firm's fees for services rendered during the Application Period.
2 On December 19, 2000, PG&E paid a retainer to Heller Ehrman in the amount of $350,000.
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 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 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 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 (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 engagements. Heller Ehrman continues to hold a retainer balance of $196,851.93.
3 The amount paid reflects a disallowance of $18,466.20 in fees. See Order Approving Heller Ehrman White & McAuliffe LLP's First Interim Fee Application for Allowance and Payment of Compensation and Reimbursement of Expenses for the Period April 6, 2001, Through July 31, 2001 (Nov. 21, 2001); December 12, 2001 Order at pp. 16-17.
2 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD SEPTEMBER 1, 2002, THROUGH SEPTEMBER 30,2002 CASE NO.: 01-30923 DM 1
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10 11 12 13 4 The amount paid reflects a disallowance of $19,921.40 in fees for certain paralegal charges. See Order Approving Heller Ehrman White & McAuliffe LLP's Second Interim Fee Application ¶ 1 (Feb. 27, 2002).
5 As filed on September 30, 2002, Heller Ehrman's August Cover Sheet Application reflected fees of
$970,577.10 and expenses of $57,095.46, and requested interim compensation of $882,086.00 ($824,990.54 (85% of fees) + $57,095.46 (100% of expenses)). Subsequently, Heller Ehrman agreed to reduce its fees for the August invoice for Matter No. 88 as follows: (i) a reduction of $5,434.80 based on incorrect billing rates used in the original bill, and (ii) an additional reduction of $10,000 agreed to by Heller Ehrman and PG&E.
In total, Heller Ehrman therefore agreed to reduce its August fees by $15,434.80, resulting in a reduced request for interim compensation of $868,966.42 (85% x ($970,577.10 - $15,434.80) + 100% x $57,095.46).
Heller 28 Ehrman White &
McAuliffe LLP 3
HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD SEPTEMBER 1, 2002, THROUGH SEPTEMBER 30, 2002 CASE NO.: 0 1-30923 DM C'
_=
Application Period Amount Applied For Description Amount Paid 8/1/01 - 11/30/01
$2,251,673.88 100% of fees and
$2,231,752.484 (second post-petition 100% of expenses interim fee application period) 12/1/01 - 3/31/02
$2,477,438.24 100% of fees and
$2,477,438.24 (third post-petition 100% of expenses interim fee application period) 04/01/02- 04/30/02
$ 711,657.73 85% of fees and
$ 711,657.74 (Apr. CSA period) 100% of expenses 05/01/02 - 05/31/02
$ 818,698.97 85% of fees and
$ 818,698.97 (May CSA period) 100% of expenses 06/01/02 - 06/30/02
$ 528,960.34 85% of fees and
$ 528,960.34 (June CSA period) 100% of expenses 07/01/02- 07/31/02
$ 629,515.17 85% of fees and
$ 629,515.17 (July CSA period) 100% of expenses 08/01/02 - 08/31/02
$ 868,966.42' 85% of fees and
$ 868,966.43 (A ug. C SA period) 100% of expenses
_10,513,317
.18 Total
$10,551,704.76
$10,513,317.18 15 16 17 18 19 20 21 22 23 24 25 26 27
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McAuliffe LLP
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To date, the Firm is owed as this Application):
follows (excluding amounts owed pursuant to Application Period Amount Description First post-petition interim 0
fee application period (4/6/01 - 7/31/01)
Second post-petition 0
interim fee application period (8/1/01 - 11/30/01)
Third post-petition interim 0
fee application period (12/1/01 - 3/31/02)
April cover sheet
$ 117,648.98 15% fee holdback application period (4/01/02 - 4/30/02)
May cover sheet application $ 132,768.23 15% fee holdback period (5/01/02 - 5/31/02)
June cover sheet application. $
88,623.41 15% fee holdback period (6/01/02 - 6/30/02)
July-cover-sheet application -
$--102,321.86- -15%_fee holdback.
period (7/01/02 - 7/31/02)
August cover sheet
$ 143,327.356 15% fee holdback application period (8/01/02 - 8/31/02)
Total Owed to Firm to Date
$ 584,689.83
- 6.
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 1 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 6 This figure constitutes the corrected fee holdback (15% x ($970,557.10 - $15,434.80)) based on the reductions in the August invoice for Matter No. 88 described in footnote 5 above.
"4 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD SEPTEMBER 1, 2002, THROUGH SEPTEMBER 30, 2002 CASE NO.: 01-30923 DM il
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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 copy of this Application (without Exhibits) on the Special Notice List in this case.
- 8.
Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered on or about July 26, 2001, 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 Unites 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 October 30, 2002.
- 9.
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 (along with the Firm's Retainer) will be credited against such final fees and expenses as may be allowed by this Court.
- 10.
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.
5 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD SEPTEMBER 1, 2002, THROUGH SEPTEMBER 30, 2002 CASE NO.: 01-30923 DM
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McAuliffe LLP 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 "ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."
Dated: October 30, 2002 HELLER EHRMAN WHITE & McAULIFFE LLP By: IN Adam M. Cole Special Counsel for Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 6
HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD SEPTEMBER 1, 2002, THROUGH SEPTEMBER 30,2002 CASENO.: 01-30923 DM n
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HellerEhrman A T T
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N E Y 5 Heller Ehrman White & McAuliffe LLP 333 Bush Street San Francisco, CA 94104-2878 I.. *U.S.
POSTAGtE C
5 METRS 10-30-02 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001