ML023110392
| ML023110392 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 11/01/2002 |
| From: | Edmonson J Pacific Gas & Electric Co, Skadden, Arps, Slate, Meagher & Flom, LLP |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML023110392 (5) | |
Text
RICHARD LEVIN (CA State Bar No. 66578)
JAMIE L. EDMONSON (CA State Bar No. 185384)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 300 South Grand Avenue, Suite 3400 Los Angeles, California 90071-3144 Telephone: 213/687-5000 Facsimile: 213/687-5600 Special Counsel for Pacific Gas and Electric Company, Debtor and Debtor in Possession 1
2 3
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8 9
10 In re
)
Case No. 01-309:
)
PACIFIC GAS AND ELECTRIC COMPANY,)
Chapter 11 Case a California corporation, Debtor.
) [No Hearing Sch
)
Federal I.D. No. 94-0742640
)
_______________________________________________________)
23-DM eduled]
SKADDEN, ARPS, SLATE, MEAGHER & FLOM 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 Skadden, Arps, Slate, Meagher & Flom LLP (the "Firm") 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 regulatory counsel to Pacific Gas and Electric Company, the debtor and debtor in possession in the above-referenced bankruptcy case (the "Debtor"). The Firm hereby applies to the Court for allowance and payment of interim SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD SEPTEMBER 1, 2002 THROUGH SEPTEMBER 30,2002 A
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0,.
6-2-7,5 i
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3 4
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Period Fees Expenses Total August 1, 2002
$84,931.50
$551.36
$85,482.86 through August 31, 2002
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $72,743.14 at this time. This total is comprised as follows: $72,191.78 (85% of the fees for services rendered)' plus $551.36 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:
Application Period Amount Applied For Description Total April 6 2001 through
$ 412,199.69 100% of fees and
$384,116.822 July 31, 2001 100% of expenses August 1, 2001
$ 232,904.35 85% of fees and
$211,716.95 through August 31, 100% of expenses 2001 September 1, 2001
$182,393.51 85% of fees and
$182,363.51 through September 100% of expenses 30, 2001 October 1, 2001
$351,118.17 85% of fees and
$351,118.17 through October 31,
$100% of expenses 2001 1
1 1
Payment of this amount would result in a "holdback" of $12,739.72.
2 This amount represents the amount allowed from the Firm's first interim fee application, after reduction for certain time and disbursements.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD SEPTEMBER 1, 2002 THROUGH SEPTEMBER 30, 2002 compensation for services rendered and reimbursement of expenses incurred during the Application Period.
- 2.
The Firm billed a total of $85,482.86 in fees and expenses during the Application Period. The total fees represent 238.70 hours8.101852e-4 days <br />0.0194 hours <br />1.157407e-4 weeks <br />2.6635e-5 months <br /> expended during the period covered by this Application. These fees and expenses break down as follows:
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
- 5.
To date, the Firm is owed as follows (excluding amounts owed under this Application):
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD SEPTEMBER 1, 2002 THROUGH SEPTEMBER 30, 2002 November 1, 2001
$327,076.56 85% of fees and
$327,076.56 through November 100% of expenses 30, 2001 December 1, 2001
$49,443.48 85% of fees and
$49,443.48 through December 100% of expenses 31,2001 August 1, 2001 Amounts outstanding
$137,056.57 through November from cover sheet fee 30,2001 applications less certain reductions from Second Interim Fee Application January 1, 2002
$104,031.40 85% of fees and
$104,031.40 through January 31, 100% of expenses 2002 February 1, 2002
$159,990.72 85% of fees and
$159,990.72 through February 28, 100% of expenses 2002 March 1, 2002
$89,507.42 85% of fees and
$89,507.42 through March 31, 100% of expenses 2002 April 1, 2002 through
$111,659.93 85% of fees and
$111,659.93 April 30, 2002 100% of expenses December 1, 2001 Amounts outstanding
$52,271.96 through March 31, from cover sheet fee 2002 applications less certain reductions from Third Interim Fee Application May 1, 2002 through
$90,110.23 85% of fees and
$90,110.23 May 31, 2002 100% of expenses June 1, 2002 through
$28,872.94 85% of fees and
$28,872.94 June 30, 2002 100% of expenses July 1, 2002 through
$77,733.11 85% of fees and
$77,733.11 July 31, 2002 100% of expenses August 1, 2002
$131,944.96 85% of fees and
$131,944.96 through August 31, 100% of expenses 2002 1
1 1
25 26 27 28
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- 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 records 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.
- 7.
The Firm has served a copy of this Application on the Special Notice List in this case.
- 8.
In accordance with this Court's "ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered on or about July 25, 2001, as subsequently amended, 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 November 1, 2002.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD SEPTEMBER 1, 2002 THROUGH SEPTEMBER 30, 2002 Period Fees Description April 1, 2002 through July
$45,556.86 Amounts outstanding from 31, 2002 cover sheet fee applications less voluntary reductions from Fourth Interim Fee Application Fourteenth (August 1, 2002
$22,755.67 15% fee holdback through August 31, 2002)
Total Owed to Firm to Date
$68,312.53
1
- 9.
The interim compensation and reimbursement of expenses sought in this 2
Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 3
fees and reimbursement of the expenses incurred for the totality of the services rendered in this 4
case. Any interim fees or reimbursement of expenses approved by this Court and received by the 5
Firm will be credited against such final fees and expenses as may be allowed by this Court.
6
- 10.
The Firm represents and warrants that its billing practices comply with all 7
Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 8
Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 9
Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 10 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 11 except as among the members and associates of the Firm.
12 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 13 to the Firm as requested herein in accordance with the terms of the "ORDER ESTABLISHING 14 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."
15 Dated: November 1, 2002 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 16 1 7
/v By8_ Richard-rLe 'in and Jamie L. Edmonson 18~c Ig Reg*ulatory Counsel to Debtor and Debtor in 19 Possession 20 21 22 23 24 25 26 27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD SEPTEMBER 1, 2002 THROUGH SEPTEMBER 30, 2002