ML023390126

Steefel, Levitt & Weiss'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period October 1-31, 2002

ML023390126
Person / Time
Site:	Diablo Canyon
Issue date:	11/27/2002
From:	Fogelman M Pacific Gas & Electric Co, Steefel, Levitt & Weiss
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM, 94-07442640
Download: ML023390126 (6)

Text

1 MARK FOGELMAN (State Bar No. 50510)

HARVEY L. LEIDERMAN (State Bar No. 55838) 2 STEEFEL, LEVITT '& WEISS A Professional Corporation 3 One Embarcadero Center, 30th Floor San Francisco, California 94111 4 Telephone: (415) 788-0900 Facsimile: (415) 788-2019 5 5o-27$

Special Counsel to Debtor and Debtor inPossession, 6 PACIFIC GAS AND ELECTRIC COMPANY 7

8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA

-10 SAN FRANCISCO DIVISION 11 In Re: Case No. 01-30923 DM 12 PACIFIC GAS AND ELECTRIC - Chapter 11 Case COMPANY, a Califomia corporation,

-13 [No Hearing Scheduled]

Debtor an d Debtor in Possession.

14 15 Federal 'I.D. No. 94-0 742640 16 17 STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 18 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD OCTOBER 1-31, 2002 19 20 Steefel, Levitt & Weiss (the "Firm") respectfully submits its Cover Sheet Application (the 21 "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 22 Expenses for the Period October 1-31 2002 (the "Application Period"). In support of the 23 Application, the Firm respectfully represents as follows:

24 1. The Firm is Special Counsel to the debtor and debtor 7in-possession in the above 25 referenced bankruptcy case (the "Debtor"). The Firm hereby applies to the Court for allowance 26 and payment of interim compensation for services rendered and reimbursement of expenses 27 incurred during the Application Period. ezf 28 SLW OCTOBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT IPF Case No. 01-30923 DM 15830 6325767.1

1 2. The Firm billed a total of $81,260.72 in fees and expenses during the Application 2 Period. The total fees represent 294.40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> expended during the Application Period. These 3 fees and expenses break down as follows:

4 Period Fees Expenses Total 5 October T-31, 2002 $77,186.64 $4,074.08 $81,260.72 6 3. Accordingly, the Firm seeks allowance of interim compensation in the total 7 amount of $69,682.72 at this time. This total is comprised as follows: $65,608.64 (85% of the 8 fees for services rendered)' plus $4,074.08 (100% of the expenses incurred).

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

10 Application Period Amount Applied For Description Amount Paid 11 Aug. 1-31, 2002 $78,001.96 85% of fees and 100% of Expenses $78,001.96 12 Sept. 1-30, 2002 $58,778.41 85% of fees and 100% of Expenses $58,778.41 13 TOTAL $136,780.37 $136,780.37 14 15 5. Based on its Cover Sheet Applications filed in this proceeding, to date, the Firm is 16 owed the following funds held back (excluding amounts owed pursuant to this Application):

17 Application Period Amount Description 18 14th (Aug.' 1-31, 2002) $13,239.211 15% fee holdback and/or portion of fees objected to 19 15th (Sept. 1-30, 2002) $9,881.69 15% fee holdback and/or portion of fees objected to 20 TOTAL OWED $23,120.90; I 21 6. , With regard to the copies of this Application served on counsel for the Committee, 22 counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit 1 hereto is 23 the name of each professional who performed services in connection with this case during the 24 period covered by this Application, the hourly rate for each such professional, and the detailed 25 time and expense statements for the Application Period that comply with all Northern District of 26 27

'Payment of this amount would result in a "holdback" of $11,578.00.

28

',.1 SLW OCTOBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 2 Case No. 01-30923 DM "158306325767 1

1 California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the 2 -.Office of the United States Trustee.

3 7. The Firm has served a copy of this Application (without Exhibit 1) on the Special 4 Notice List in this case.

5 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 6 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which 7 was entered on or about February 25, 2002, the Debtor is authorized to make the payment 8 requested herein without a further hearing or order of this Court unless an objection to this 9 Application is filed with the Court by the Debtor, the Committee or the United States Trustee and 10 served by the fifteenth day of the month following the service of this Application. If such an 11 objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection.

12 The Firm is informed and believes that this Cover Sheet Application was mailed by first class 13 mail, postage prepaid, on or about November 27, 2002.

14 9. The interim compensation and reimbursement of expenses sought in this 15 Application is on account and is not final. Upon the conclusion of this case, the Finn will seek 16 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 17 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 18 Firm (along with the Firm's retainer) will lie'credited against such final fees and expenses as may 19 be allowed by this Court.

20 10. The Firm represents and warrants that its billing practices comply with all 21 Northern District of California Bankruptcy-Local Rules and Compensation Guidelines and the 22 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 23 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 24 portion of the fees or expenses to be awarded to the Firm with any other person or attorney except 25 as among the members and associates of the Firm.

26 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 27 Firm as requested herein pursuant to and in accordance with the terms of the "SECOND 28 SLW OCTOBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 3 Case No. 01-30923 DM 15830 6325767 1

1 AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE 2 REIMBURSEMENT PROCEDURE."

3 Date: November 27, 2002 STEEFEL, LEVITT & WEISS A Professional Corporation,,

4 5

By:

6 / .. - - Mark Fog(tman Attorneys for Special Counsel to Debtor and 7 Debtor in Possession, PACIFIC GAS AND ELECTRIC COMPANY 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SLW OCTOBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 4 Case No. 01-30923 DM 15830 6325767 1

I PROOF OF SERVICE 2 1, Anne Ogonowski, declare as follows:

3 I am employed in the City and County of San Francisco, California, over the age of eighteen years, and not a party to the within cause. My business address is STEEFEL, LEVITT

& WEISS, One Embarcadero Center, 30th Floor, San Francisco, California 94111. On 5 November 27, 2002, I served the within:

6 STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF 7 EXPENSES FOR THE PERIOD OCTOBER 1-31, 2002 8 on the interested parties in this action by placing a true copy thereof, along with the appropriate Exhibits, in a sealed envelope, addressed as follows:

9 James L. Lopes, Esq. Paul S. Aronzon, Esq.

10 Jeffrey L. Schaffer, Esq. Robert Jay Moore, Esq.

Janet A. Nexon, Esq. Milbank, Tweed, Hadley & McCloy LLP 11 William J. Lafferty, Esq. 601 S. Figueroa Street, 30th Floor Howard, Rice, Nemerovski, Canady, Los Angeles, CA 90017 12 Falk & Rabkin, a P.C.

Three Embarcadero Center, 7th Floor Patricia Martin, Esq.

13 San Francisco, CA 94111-4065 Office of the United States Trustee 250 Montgomery Street, Suite 1000 14 San Francisco, CA 94104-3401 15 BY OVERNIGHT MAIL: By placing such envelope, for collection and mailing at Steefel, Levitt & Weiss, San Francisco, California following ordinary business practice. I am 16 readily familiar with the practice of Steefel, Levitt & Weiss for collection and processing of overnight service mailings, said practice being that in the ordinary course of business, 17 correspondence is deposited with the overnight messenger service Federal Express for delivery as addressed.

18 and by serving all parties on the Special Notice List (as of November 12, 2002), by placing a true 19 copy of the Cover Sheet Application, without Exhibit 1, in a sealed envelope, addressed to all at:

20 parties on said Special Notice List, found 000 4 dce 6 /2 cb9 21 http://ivww.canb.uscoiurts.govlcanblDocuments.nsf/4fa6cc9d77741519882569e5 cc414857666088256a37005a57da/$FILE/_Oal3ichajal76ut2cedqOL.pdf 22 A copy of the Special Notice List is attached to the Original Cover Sheet Application.

23 BY MAIL: By placing such envelope, with postage thereon fully prepaid for first class 24 mail, for collection and mailing at Steefel, Levitt & Weiss, San Francisco, California following ordinary business practice. I am readily familiar with the practice of Steefel, Levitt & Weiss for 25 collection and processing of correspondence, said practice being that in the ordinary course of business, correspondence is deposited in the United States Postal Service the same day as it is 26 placed for collection.

27 28 15830 6325767 1 1 PROOF OF SERVICE - 1

1 I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

2 Executed on November 27, 2002, at San Francisco, California.

3 4 Lt~ (P*,-

5 Annie Ogonowski 6

7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15830 6325767 1 PROOF OF SERVICE - 2