ML023330346

Skadden, Arps, Slate, Meagher & Flom Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period October 1, 2002 Through October 31, 2002

ML023330346
Person / Time
Site:	Diablo Canyon
Issue date:	11/20/2002
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: ML023330346 (5)

Text

1 RICHARD LEVIN (CA State Bar No. 66578)

JAMIE L. EDMONSON (CA State Bar No. 185384) 17 2 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP ,ýo 300 South Grand Avenue, Suite 3400 3 Los Angeles, California 90071-3144 Telephone: 213/687-5000 4 Facsimile: 213/687-5600 5 Special Counsel for Pacific Gas and Electric Company, Debtor and Debtor in Possession 6

7 8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 In re ) Case No. 01-30923-DM COMPANY, )) Chapter 11 Case 12 PACIFIC GAS AND El LECTRIC a California corporation, )

)

13 Debtor. ) [No Hearing Scheduled]

14 )

Federal I.D. No. 94-0742640 )

15

)

16 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S 17 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 18 REIMBURSEMENT OF EXPENSES FOR THE PERIOD OCTOBER 1, 2002 THROUGH OCTOBER 31. 2002 19 20 Skadden, Arps, Slate, Meagher & Flom LLP (the "Firm") submits its Cover Sheet 21 Application (the "Application") for Allowance and Payment of Interim Compensation and 22 Reimbursement of Expenses for the Period October 1, 2002 through October 31, 2002 (the 23 "Application Period"). In support of the Application, the Firm respectfully represents as follows:

24 1. The Firm is special regulatory counsel to Pacific Gas and Electric 25 Company, the debtor and debtor in possession in the above-referenced bankruptcy case (the 26 "Debtor"). The Firm hereby applies to the Court for allowance and payment of interim 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 OCTOBER 1, 2002 THROUI OCTOBER 31, 2002 ei/7au &e

1 compensation for services rendered and reimbursement of expenses incurred during the 2 Application Period.

3 2. The Firm billed a total of $109,840.69 in fees and expenses during the 4 Application Period. The total fees represent 281.10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> expended during the period covered by 5 this Application. These fees and expenses break down as follows:

6 7 Fees Expenses Total Period 8 October 1, 2002 $104,296.50 $5,544.19 $109,840.69 through October 31, 9 2002 10

3. Accordingly, the Firm seeks allowance of interim compensation in the 11 12 total amount of $94,196.22 at this time. This total is comprised as follows: $88,652.03 (85% of the fees for services rendered)' plus $5,544.19 (100% of the expenses incurred).

13

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

14 15 Application Period Amount Applied For Description Total

$ 412,199.69 100% of fees and $384,116.822 16 April 6 2001 through July 31, 2001 100% of expenses 17 $ 232,904.35 85% of fees and $211,716.95 August 1, 2001 through August 31, 100% of expenses 18 2001 19 September 1, 2001 $182,393.51 85% of fees and $182,363.51 through September 100% of expenses 20 30, 2001 21 October 1, 2001 $351,118.17 85% of fees and $351,118.17 through October 31, $100% of expenses 22 2001 23 24 25 Payment of this amount would result in a "holdback" of $15,644.47.

26 2 This amount represents the amount allowed from the Firm's first interim fee application, after reduction for certain time and disbursements.

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 OCTOBER 1, 2002 THROUGH OCTOBER 31, 2002 1

November 1, 2001 $327,076.56 85% of fees and $327,076.56 through November 100% of expenses 2

30, 2001 3 December 1, 2001 $49,443.48 85% of fees and $49,443.48 through December 100% of expenses 4 31, 2001 5 August 1, 2001 Amounts outstanding $137,056.57 through November from cover sheet fee 6 30, 2001 applications less certain reductions 7 from Second Interim Fee Application 8

January 1, 2002 $104,031.40 85% of fees and $104,031.40 9 through January 31, 100% of expenses 2002 10 February 1, 2002 $159,990.72 85% of fees and $159,990.72 through February 28, 100% of expenses 11 2002 12 March 1, 2002 $89,507.42 85% of fees and $89,507.42 through March 31, 100% of expenses 13 2002 14 April 1, 2002 through $111,659.93 85% of fees and $111,659.93 April 30, 2002 100% of expenses 15 December 1, 2001 Amounts outstanding $52,271.96 16 through March 31, from cover sheet fee 2002 applications less 17 certain reductions from Third Interim 18 Fee Application May 1, 2002 through $90,1-10.23 85% of fees and $90,110.23 19 May 31, 2002 100% of expenses 20 June 1, 2002 through $28,872.94 85% of fees and $28,872.94 June 30, 2002 100% of expenses 21 July 1, 2002 through $77,733.11 85% of fees and $77,733.11 22 July 31, 2002 100% of expenses 23 August 1, 2002 $131,944.96 85% of fees and $131,944.96 through August 31, 100% of expenses 24 2002 September 1, 2002 $72,743.14 85% of fees and $72,743.14 25 through September 100% of expenses 30, 2002 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 OCTOBER 1, 2002 THROUGH OCTOBER 31, 2002 1 $45,556.86 Amounts outstanding $45,556.86 April 1, 2002 through July 31, 2002 from cover sheet fee 2 applications less voluntary reductions 3 from Fourth Interim Fee Application 4

5 5. To date, the Firm is owed as follows (excluding amounts owed under this 6 Application):

7 8 Period Fees Description 9 Fourteenth (August 1, 2002 $22,755.67 15% fee holdback through August 31, 2002) 10 Fifteenth (September 1, 2002 $12,739.72 15% fee holdback 11 through September 30, 2002)

Total Owed to Firm to Date $35,495.39 12 13 6. With regard to the copies of this Application served on counsel for the 14 Committee, counsel for the Debtor and the Office of the United States Trustee, attached as 15 Exhibit 1 hereto is the name of each professional who performed services in connection with this 16 case during the period covered by this Application and the hourly rate for each such professional; 17 and (b) attached as Exhibit 2 are the detailed time and expense records for the Application Period 18 that comply with all Northern District of California Bankruptcy Local Rules and Compensation 19 Guidelines and the Guidelines of the Office of the United States Trustee.

20 7. The Firm has served a copy of this Application on the Special Notice List 21 in this case.

22 8. In accordance with this Court's "ORDER ESTABLISHING INTERIM 23 FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 24 on or about July 25, 2001, as subsequently amended, the Debtor is authorized to make the 25 payment requested herein without a further hearing or order of this Court unless an objection to 26 this Application is filed with the Court by the Debtor, the Committee or the United States 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 OCTOBER 1, 2002 THROUGH OCTOBER 31, 2002 1 Trustee and served by the fifteenth day of the month following the service of this Application. If 2 such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 3 objection. The Firm is informed and believes that this Cover Sheet Application was mailed by 4 first class mail, postage prepaid, on or about November 20, 2002.

5 9. The interim compensation and reimbursement of expenses sought in this 6 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 7 fees and reimbursement of the expenses incurred for the totality of the services rendered in this 8 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 9 Firm will be credited against such final fees and expenses as may be allowed by this Court.

10 10. The Firm represents and warrants that its billing practices comply with all 11 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 12 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 13 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 14 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 15 except as among the members and associates of the Firm.

16 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 17 to the Firm as requested herein in accordance with the terms of the "ORDER ESTABLISHING 18 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."

19 Dated: November 20, 2002 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 20 21BY 22 Richard Le n Jamie L. Edmonson Spert'l Regulatory Counsel to Debtor and Debtor in 23 Possession 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 OCTOBER 1, 2002 THROUGH OCTOBER 31, 2002