ML023100046

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

ML023100046
Person / Time
Site:	Diablo Canyon
Issue date:	10/30/2002
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: ML023100046 (5)

Text

1 JAMES L. LOPES (No. 63678) "~5 000- ,944ýýýýI-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 In re Case No. 01-30923 DM HOWARD 13 1

N EAI 14 PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a California corporation, Debtor. [NO HEARING REQUESTED]

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 SEPTEMBER, 2002 20 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its 21 Cover Sheet Application (the "Application") for Allowance and Payment of Interim 22 Compensation and Reimbursement of Expenses for the Period September 1, 2002 through 23 September 30, 2002 (the "Application Period"). In support of the Application, the Firm 24 respectfully represents as follows:

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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 WD 3002/I 419904/1026208/vl e-

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

2 2. The Firm billed a total of $1,826,181.42 in fees and expenses during the 3 Application Period. The total fees represent 6,310 hours0.00359 days <br />0.0861 hours <br />5.125661e-4 weeks <br />1.17955e-4 months <br /> expended during the Application 4 Period. These fees and expenses break down as follows:

5 6 Period Fees Expenses Total 7 September, 2002 $1,725,356.00 $100,825.42 $1,826,181.42 8

9 3. Accordingly, the Firm seeks allowance of interim compensation in the total 10 amount of $1,567,378.02 at this time. This total is comprised as follows: $1,466,552.60 11 (85% of the fees for services rendered)' plus $100,825.42 (100% of the expenses incurred).

12

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

HOVARD 13 1

RI' ceiDX 14 Application Period Amount Applied For Description Amount Paid

&RABKIN 1Y.K 15 April 6, 2001 through 100% of fees and 2 July 3 1, 2001 (1st $4,646,476.74 expenses $4,238,886.77 16 post-petition interim fee application 17 period) 18 August 1, 2001 $3,921,628.38 100% of fees and $3,921,528.383 through November expenses 19 30, 2001 (2nd post petition interim fee 20 application period) 21 22 23 24 'Payment of this amount would result in a "holdback" of $258,803.40.

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

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

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Application Period Amount Applied For Description Amount Paid 2 December 1, 2001 $4,253,813.78 100% of fees and $4,238,243.764 through March 31, expenses 3 2002 (3rd post petition interim fee 4 application period) 5 April, 2002 $ 1,112,336.09 85% of fees and $ 1,112,336.09 100% of expenses 6

May, 2002 $ 1,192,342.56 85% of fees and $ 1,192,342.56 7 100% of expenses June, 2002 $ 1,209,762.29 85% of fees and $ 1,209,762.29 8

100% of expenses 9 July, 2002 $ 1,214,518.95 85% of fees and $ 1,214,518.95 100% of expenses 10 August, 2002 85% of fees and

$ 1,411,976.74 100% of expenses $

11 Total Paid to the $17,127,618.80 12 Firm to Date H~ARD 13 ZA 14 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to

• tRAH*ON AQ.-b 15 this Application):

16 17 Application Period Amount Description 18 April 1 -April 30, 2002 $ 184,093.95 15% fee holdback 19 May 1 - May 31, 2002 $ 197,834.40 15% fee holdback 20 June 1 - June 30, 2002 $ 203,960.40 15% fee holdback 21 July 1 - July 31, 2002 $ 205,152.68 15% fee holdback 100% of fees and 100% of 22 August 1 - August 31, 2002 $1,633,938.77 expenses 23 Total Owed to Firm to Date $2,424,980.20 24

6. With regard to the copies of this Application served on counsel for the 25 Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of 26 27 4 The Firm had written off an additional $15,570.02 in fees.

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1 the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who 2 performed services in connection with this case during the Application Period and the hourly 3 rate for each such professional; and attached as Exhibit 2 is an Account Summary. The 4 detailed time and expense statements for the Application Period that comply with all 5 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 6 the Guidelines of the Office of the United States Trustee have been submitted in electronic 7 form to the Office of the United States Trustee and mailed to counsel for the Committee and 8 to the Debtor.

9 7. The Firm is serving a copy of this Application (without Exhibits) on the 10 Special Notice List in this case.

11 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 12 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE HARD RtCE 13 (Revised March, 2002)" (the "Amended Order"), the Debtor is authorized to make the N

]An(

14 payment requested herein without a further hearing or order of this Court, unless an

• IRAIN*

, 15 objection to this Application is filed with the Court by the Debtor, the Committee or the 16 United States Trustee and served by the fifteenth day of the month following the service of 17 this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if 18 any, not subject to the objection. The Firm is informed and believes that this Cover Sheet 19 Application was mailed by first class mail, postage prepaid, on or about October 30, 2002.

20 9. The interim compensation and reimbursement of expenses sought in this 21 Application is on account and is not final. Upon the conclusion of this case, the Firm will 22 seek fees and reimbursement of the expenses incurred for the totality of the services 23 rendered in the case. Any interim fees or reimbursement of expenses approved by this Court 24 and received by the Firm (along with the Firm's retainer) will be credited against such final 25 -fees and expenses as may be allowed by this Court.

26 10. The Firm represents and warrants that its billing practices comply with all 27 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 28 WD 093002/1-1419904/1026208/vl 1 the Guidelines of the Office of the United States Trustee. 5 Neither the Firm nor any 2 members of the Firm has any agreement or understanding of any kind or nature to divide, 3 pay over or share any portion of the fees or expenses to be awarded to the Firm with any 4 other person or attorney except as among the members and associates of the Firm.

5 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 6 to the Firm as requested herein pursuant to and in accordance with the terms of the Amended 7 Order.

8 DATED: October 30, 2002 HOWARD, RICE, NEMEROVSKI, CANADY, 9 FALK & RABKIN A Professional Corporation 10 11 By: q V O 12 ( JAMES L. OPES HOWAM~ 13 Attorneys for Debtor and Debtor in Possession 14 PACIFIC GAS AND ELECTRIC COMPANY

• tRAMIN

,,,* , 4, 15 16 17 18 19 20 21 22 23 24 25 26 5As the Firm has informed the Office of the United States Trustee and the Committee, the facsimile charges sought by Applicant deviate slightly from the Court's Guidelines. The 27 Firm intends to provide a full exp1anation of such deviation and a request for payment of such charges in its next interim fee application to the Court in this case.

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