ML023470032

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

ML023470032
Person / Time
Site:	Diablo Canyon
Issue date:	12/02/2002
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: ML023470032 (5)

Text

1 JAMES L. LOPES (No. 63678)

JEFFREY L. SCHAFFER (No. 91404) (56-g-15, 2 WILLIAM J. LAFFERTY (No. 120814) 39.3 HOWARD, RICE, NEMEROVSKI, CANADY, 3 FALK & RABKIN A Professional Corporation 4 Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 5 Telephone: 415/434-1600 Facsimile: 415/217-5910 6

Attorneys for Debtor and Debtor in Possession 7 PACIFIC GAS AND ELECTRIC COMPANY 8 UNITED STATES BANKRUPTCY COURT 9

NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 In re Case No. 01-30923 DM HO~aD 13 PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a California corporation,

' 14

&N Debtor. [NO HEARING REQUESTED]

,., o* 15 16 Federal I.D. No. 94-0742640 17 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION 18 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR OCTOBER, 2002 19 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 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 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 rendered and reimbursement of expenses incurred during the Application Period.

WD 110502/1-141990411034830/vI

1 2. The Firm billed a total of $2,333,843.95 in fees and expenses during the 2 Application Period. The total fees represent 8,138 hours0.0016 days <br />0.0383 hours <br />2.281746e-4 weeks <br />5.2509e-5 months <br /> expended during the Application 3 Period. These fees and expenses break down as follows:

4 5 Period Fees Expenses Total 6 October, 2002 $2,219,644.00 $114,199.95' $2,333,843.95 7

8 3. Accordingly, the Firm seeks allowance of interim compensation in the total 9 amount of $2,000,897.35 at this time. This total is comprised as follows: $1,886,697.40 10 (85% of the fees for services rendered)2 plus $114,199.95 (100% of the expenses incurred).

11

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

12 HOVOM 13 Application Period Amount Applied For Description Amount Paid "NW" 14 April 6, 2001 through 100% of fees and $4,238,886.773 EUK July 31, 2001 (1st $4,646,476.74 expenses

&RABIN

. 15 post-petition interim fee application 16 period) $3-92, 4 August 1, 2001 $3,921,628.38 100% of fees and $3,921,528.384 17 expenses through November 18 30, 2001 (2nd post petition interim fee 19 December 1,period) application 2001 $4,253,813.78 100% of fees and $4,238,243.765 through March 3 1, expenses 20 2002 (3rd post petition interim fee 21 appDlication period) 22

'The Firm credited $49.75 from September costs.

23 2 Payment of this amount would result in a "holdback" of $332,946.60.

3The Firm found certain charges 24 that did not comply with the Guidelines, in the amount of $24,035.37, were inadvertently included in applicant's Cover Sheet Application 25 for July, 2001 as described in its First Interim Application previously filed. The Firm has credited this amount appropriately. Additionally, the Firm had written off an additional 26 $114.00 in fees.

4The Firm had written off an additional $100.00 in fees.

27 5The Firm had written off an additional $15,570.02 in fees.

28 WD 110502/1-141990411034830/vl 1

Application Period Amount Applied For Description Amount Paid 2 April 1, 2002 through $5,520,001.30 100% of fees and $5,520,001.30 expenses 3 July 31, 2002 (4th post-petition interim 4 fee application period) 5 85% of fees and August, 2002 100% of expenses $ 1,411,976.75

$ 1,411,976.74 6 September, 2002 85% of fees and

$ 1,567,378.02 100% of expenses $ 1,567,378.02 7 $20,106,973.57 Total Paid to the $21,321,274.96 8 Firm to Date 1 _

9 10 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to 11 this Application):

12 13 Application Period Amount Description HOWARD R~IE 14 August 1 - August 31, 2002 $ 221,962.03 15% fee holdback

@MLI

&iRAMHIN 15 Sept. 1 - Sept. 30, 2002 $ 258,803.40 15% fee holdback 16 Total Owed to Firm to Date $ 480,765.43 17

6. With regard to the copies of this Application served on counsel for the 18 Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of 19 the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who 20 performed services in connection with this case during the Application Period and the hourly 21 rate for each such professional; and attached as Exhibit 2 is an Account Summary. The 22 detailed time and expense statements for the Application Period that comply with all 23 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 24 the Guidelines of the Office of the United States Trustee have been submitted in electronic 25 form to the Office of the United States Trustee and mailed to counsel for the Committee and 26 to the Debtor.

27

7. The Firm is serving a copy of this Application (without Exhibits) on the 28 WD 110502/1-1419904/1034830/vl I Special Notice List in this case.

2 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 3 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE 4 (Revised March, 2002)" (the "Amended Order"), the Debtor is authorized to make the 5 payment requested herein without a further hearing or order of this Court, unless an 6 objection to this Application is filed with the Court by the Debtor, the Committee or the 7 United States Trustee and served by the fifteenth day of the month following the service of 8 this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if 9 any, not subject to the objection. The Firm is informed and believes that this Cover Sheet 10 Application was mailed by first class mail, postage prepaid, on or about December 2, 2002.

11 9. The interim compensation and reimbursement of expenses sought in this 12 Application is on account and is not final. Upon the conclusion of this case, the Firm will of the services 13 seek fees and reimbursement of the expenses incurred for the totality RimZ C'=t*

• tRAMON 14 rendered in the case. Any interim fees or reimbursement of expenses approved by this Court 15 and received by the Firm (along with the Firm's retainer) will be credited against such final 16 fees and expenses as may be allowed by this Court.

17 10. The Firm represents and warrants that its billing practices comply with all 18 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 6

19 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any 20 members of the Firm has any agreement or understanding of any kind or nature to divide, 21 piay over or share any portion of the fees or expenses to be awarded to the Firm with any 22 other person or attorney except as among the members and associates of the Firm.

23 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 24 to the Firm as requested herein pursuant to and in accordance with the terms of the Amended 25 26 6As the Firm has informed the Office of the United States Trustee and the Committee, Court's Guidelines. The the facsimile charges sought by Applicant deviate slightly from therequest 27 Firm intends to provide a full explanation of such deviation and a for payment of to the Court in this case.

28 such charges in its next interim fee application WD 110502/1-1419904/1034830/vl 1 Order.

2 DATED: December 2,2002 HOWARD, RICE, NEMEROVSKI, CANADY, 3 FALK & RABKIN A Professional Corporation 5

By:

6 6/ JAMES . OPES 7 Attormeys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 8

9 10 11 12 HOV4MA 13 c 14

&Rt4ANIN

,= o . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WD 110502/1-1419904/1034830/vi