ML023440229

Heller Ehrman White & Mcauliffe Llp'S Cover Sheet Application for Allowance & Payment of Interim Compensation & Reimbursement of Expenses for Period October 1, 2002, Through October 31, 2002

ML023440229
Person / Time
Site:	Diablo Canyon
Issue date:	12/02/2002
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, 94-074-2640
Download: ML023440229 (6)

Text

1 MARIE L. FIALA (No. 79676)

PETER J. BENVENUTTI (No. 60566) 2 ADAM M. COLE (No. 145344)

HELLER EHRMAN WHITE & McAULIFFE LLP 3 333 Bush Street San Francisco, California 94104-2878 4 Telephone: (415) 772-6000 Facsimile: (415) 772-6268 5

Special Counsel for Debtor in Possession 3 ?-3 6 PACIFIC GAS AND ELECTRIC COMPANY 7

8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 In re Case No.: 01-30923 DM 12 PACIFIC GAS AND ELECTRIC 13 COMPANY, a California corporation, Chapter 11 Case

_..Debtor.

15 [No Hearing Scheduled]

Federal I.D. No. 94-0742640 16 17 HELLER EHRMAN WHITE & McAULIFFE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM 1811 COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD OCTOBER 1, 2002, THROUGH OCTOBER 31, 2002 19 20 Heller Ehrman.White k McAuliffe LLP (the "Firm" or "Heller Ehrman") submits its 21 Cover Sheet Application (the "Application") for Allowance and Payment of Interim 22 Compensation and Reimbursement of Expenses for the Period October 1, 2002, through 23 October 31, 2002 (the "Application Period"). In support of the Application, the Firm 24 respectfully represents as follows:

25 1. The Firm is Special Counsel to Pacific Gas and Electric Company, debtor and 26 debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm 27 Heller 28 Ehrman White & HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD McAuhiffe LLP OCTOBER 1,2002, THROUGH OCTOBER 31 V2002 ,

CASE NO.: 01-30923 DM

1 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.

3 2. The Firm billed a total of $847,861.12 in fees and expenses during the 4 Application Period. The total fees represent 2,799.20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> expended during the 5 Application Period. These fees and expenses break down as follows:

6 Period Fees Expenses Total 7 10/01/02- 10/31/02 $805,432.60 $42,428.52 $847,861.12 b* 3. Accordingly, the Firm seeks allowance of interim compensation in the total 9 amount of $727,046.23 at this time. This total comprises the following: $684,617.71 (85%

10 of the fees incurred during the Application Period)' plus $42,428.52 (100% of the expenses 11 incurred).

12 4. For the post-petition period, the Firm has been paid to date as follows: 2 13 Application Period Amount Applied For Description Amount Paid 4{ AL6L01P1I31/Q (first _$2,264,;7594+/-_01 [100% Pf fees-and _$2,246,327.8 i post-petition interim 100% of expenses 15 fee application period) 16

'Payment of this amount would result in a "holdback" of $120,814.89, equal to 15% of the Firm's 17 fees for services rendered during the Application Period.

18 2 On December 19, 2000, PG&E paid a retainer to Heller Ehrman in the amount of

$350,000.

19 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 20 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 21 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 22 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 23 (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 24 engagements.,.Heller Ehrman continues to hold a retainer balance of $196,851.93.

25 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.

26 2 Heller HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD Ehrman OCTOBER 1, 2002, THROUGH OCTOBER 31, 2002 White & CASE NO.: 01-30923 DM McAuliffe ILL

1 Application Period Amount Applied For Description Amount Paid 2 8/1/01 - 11/30/01 $2,251,673.88 100% of fees and $2,231,752.484 (second post-petition 100% of expenses 3 interim fee application period) 4 12/1/01 - 3/31/02 $2,477,438.24 100% of fees and $2,477,438.24 5 (third post-petition 100% of expenses interim fee application 6 period) 4/1/02 - 7/31/02 $3,127,427.84 100% of fees and $3,127,477.88 7 (fourth post-petition 100% of expenses interim fee application 8 period) 9 08/01/02 - 08/31/02 $ 868,966.42' 85% of fees and $ 868,966.43 (Aug. CSA period) 100% of expenses 10 09/01/02 - 09/30/02 $ 720,787.52 85% of fees and $ 720,787.53 11 (Sept. CSA period) 100% of expenses Total $11,711,087.91 $11,672,750.37 12 13 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to S... ... 14 11-this -Application): . ......

15 Application Period Amount Description 16 First post-petition interim $ 0 fee application period 17 (4/6/01 - 7/31/01) 18 Second post-petition $ 0 interim fee application 19 period (8/1/01 - 11/30/01) 20 21 4 The amount paid reflects a disallowance of $19,921.40 in fees for certain paralegal charges. See 22 Order Approving Heller Ehrman White & McAuliffe LLP's Second Interim Fee Application ¶ 1 (Feb. 27, 2002).

23 5 As filed on September 30, 2002, Heller Ehrman's August Cover Sheet Application reflected fees of 24 $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 25 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.

26 In total, Heller Ehrman therefore agreed to reduce its August fees by $15,434.80, resulting in a reduced 27 request for interim compensation of $868,966.42 (85% x ($970,577.10 - $15,434.80) + 100% x $57,095.46).

28 3 Heller HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD Ehrman OCTOBER 1, 2002, THROUGH OCTOBER 31, 2002 White & CASE NO.: 01-30923 DM McAuliffe tLP -S

- 2-,

1 Application Period Amount Description 2 Third post-petition interim $ 0 fee application period 3 (12/1/0 1 - 3/31/02) 4 Fourth post-petition interim $ 0 fee application period 5 (4/1/02 - 7/31/02)

August cover sheet $ 143,327.356 15% fee holdback 6 application period (8/0102 - 8/31/02) 7 September cover sheet $ 115,619.48 15% fee holdback 8 application period (9/01/02 - 9/30/02) 9 Total Owed to Firm to Date $ 258,946.83 10 11 6. With regard to the copies of this Application served on counsel for the 12 Committee, counsel for the Debtor and the Office of the United States Trustee, attached as 13 Exhibit I hereto is the name of each professional who performed services in connection with

-this-case during.the.period coveredby-this Application-and the hourly rate for each such-....

15 professional; and (b) attached as Exhibit 2 are the detailed time and expense statements for 16 the Application Period that comply with all Northern District of California Bankruptcy 17 Local Rules and Compensation Guidelines and the Guidelines of the Office of the United 18 States Trustee.

19 7. The Firm has served a copy of this Application (without Exhibits) on the 20 Special Notice List in this case.

21 8. Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE 22 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 23 on or about July 26, 2001, the Debtor is authorized to make the payment requested herein 24 without a further hearing or order of this Court unless an objection to this Application is 25 26 6This figure constitutes the corrected fee holdback (15% x ($970,557.10 - $15,434.80)) based on the 27 reductions in the August invoice for Matter No. 88 described in footnote 5 above.

28 4 Heller HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD Ehrman OCTOBER 1, 2002, THROUGH OCTOBER 31, 2002 White & CASE NO.: 061-30923 DM McAuliffe LLP

1 filed with the Court by the Debtor, the Committee or the Unites States Trustee and served 2 by the fifteenth day of the month following the service of this Application. If such an 3 objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 4 objection. The Firm is informed and believes that this Cover Sheet Application was mailed 5 by first class mail, postage prepaid, on or about December 2, 2002.

6 9. The interim compensation and reimbursement of expenses sought in this 7 Application is on account and is not final. Upon the conclusion of this case, the Firm will 8 seek fees and reimbursement of the expenses incurred for the totality of the services 9 rendered in the case. Any interim fees or reimbursement of expenses approved by this 10 Court and received by the Firm (along with the Firm's Retainer) will be credited against r

11 such final fees and expenses as may be allowed by this Court.

12 10. The Firm represents and warrants that its billing practices comply with all 13 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and S . ... _14. _theGuidelines of the Officeof~theUnited States Trustee. Neither the Firm nor any 15 members of the Firm has any agreement or understanding of any kind or nature to divide, 16 pay over or share any portion of the fees or expenses to be awarded to the Firm with any 17 other person or attorney except as among the members and associates of the Firm.

18 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to 19 the Firm as requested herein pursuant to and in accordance with the terms of the "ORDER 20 ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT 21 PROCEDURE."

22 Dated: December 2, 2002 HELLER EHRMAN WHITE & McAULIFFE LLP 23 24 By:

Adam M. Cole 25 Special Counsel for Debtor in Possession 26 PACIFIC GAS AND ELECTRIC COMPANY 27 28 5

Heller HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD Ehrman OCTOBER 1, 2002, THROUGH OCTOBER 31,2002 White & CASENO.: 01-30923 DM McAuliffe LLP

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HellerEhrman A T T 0 R N E Y S , ..* 1w.U.S. POSTAE '

Heller Ehrman White & McAuliffe LuP A ET I, 333 Bush Street San Francisco, CA 94104-2878 SII 11O* i 9EEV'l

-" I '9500882 Anne Whitehead U.S. Nuclear Regulatory Commission Attn Document Control Desk Washington, DC 20555-0001

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