ML023600328

Winston & Strawn'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period November 1, 2002 Through November 30, 2002

ML023600328
Person / Time
Site:	Diablo Canyon
Issue date:	12/17/2002
From:	Agay D Pacific Gas & Electric Co, Winston & Strawn
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM, 94-0742640
Download: ML023600328 (6)

Text

1 Donald K. Dankner (No. 0186536)

Thomas F. Blakemore (No. 03121566) 2 David A. Agay (No. 06244314) 3 WINSTON & STRAWN 35 West Wacker Dr.

4 Chicago, IL 60601 Phone: 312-558-5600 <Oi-2f7*

5 Facsimile: 312-558-5700 32-3 Counsel to Debtor and Debtor in Possession 6

7 8

UNITED STATES BANKRUPTCY COURT 9

10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 In re Case No. 01-30923 DM 13 PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a Califon ia corporation, 14 [No Hearing Scheduled]

Debtor.

15 Federal I.D. No. 94-07L42640 16 17 WINSTON & STRAWN'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 18 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1, 2002 THROUGH NOVEMBER 30, 2002 19 20 Winston & Strawn (the "Finn") submits its Cover Sheet Application (the "Application")

21 for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the 22 Period of November 1 through November 30, 2002 (the "Application Period"). In support of the 23 Application, the Firm respectfully represents as follows:

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1. Pursuant to the Amendment to the Amended Application for Authority to 25 Employ and to continue the Employment of Special Counsel dated as of September 13, 2001, the 26 Firm is counsel to the above-captioned debtor and debtor in possession (the "Debtor") and 27 28 employed under section 327(e) of the Bankruptcy Code, 11 U.S.C. § 101 et seq. (the "Code").

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1 2. Pursuant to the Order Establishing Interim Fee Application and Expense 2 Reimbursement Procedure entered on July 26, 2001 (the "Fee Order"), the Firm hereby applies to 3

the Court for allowance and payment of interim compensation for services rendered and 4

reimbursement of expenses incurred during the Application Period.

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3. The Firm billed a total of $63,919.95 in fees and expenses during the 6

7 Application Period. The total fees represent 224.31 hours3.587963e-4 days <br />0.00861 hours <br />5.125661e-5 weeks <br />1.17955e-5 months <br /> expended during the Application 8 Period. These fees and expenses break down as follows:

9 Period Fees Expenses Total 10 November 1 - $63,919.95 $2,839.09 $66,759.04 11 November 30,2002 12 4. Accordingly, the Firm seeks allowance of interim compensation in the 13 total amount of $57,171.05 at this time. This total is comprised as follows:

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$54,331.96 (85% of the fees for services rendered)1 plus $2,839.09 (100% of the expenses 15 incurred).

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5. Pursuant to the Stipulation and Order Regarding Employment of Winston 17 18 & Strawn as Special Counsel to the Debtor in Possession dated September 24, 2001 (the 19 "Stipulation"), the Firm's reimbursement for all fees and expenses incurred by the Firm as special 20 counsel to Debtor through July 31, 2001, is governed by the Order entered on August 16, 2001, 21 approving the Amended Application for Authority to Employ and Continue the Employment of 22 Special Counsel (the "Omnibus Order"). Pursuant to the Stipulation and Omnibus Order, the 23 Firm has not and will not submit Applications for fees and expenses incurred through July 31, 24 25 2001.

26 6. To date, the Firm has submitted invoices for the following post-petition 27 services directly to the debtor:

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'Payment of this amount would result in a "holdback" of $9,587.99.

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1 Application Period Amount Due Amount Paid Amount Outstanding 2 June 1, 2001-June 30, $117,735.06 $117,494.31 $0.00 2001 ______,,

3 July 1, 2001-July 31, $169,199.53 $169,197.43 $0.00 2001 1 1 1 4 7. To date, the Firm has been paid $117,494.31 for the June 1, 2001 through 5 June 30, 2001 period and $ 169,197.43 for the July 1, 2001 through July 31, 2001 period.

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8. For fees and expenses incurred on behalf of the Debtor after July 31, 2001, 7

8 the Firm is governed by the Fee Order and must file monthly fee applications ("Cover Sheet 9 Applications") and quarterly fee applications ("Interim Fee Applications") with the Court 10 pursuant to section 331 of the Code.

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9. The following chart reflects: (a) the Cover Sheet Applications submitted to 12 date by W&S, including this Cover Sheet Application; (b) the First, Second and Third Interim 13 14 Applications submitted to date by W&S; (c) for the fees and expenses incurred by the Firm after 15 July 31, 2001, the amounts incurred and the amounts paid to W&S by the Debtor to date; (d) 16 W&S's voluntary and Court ordered reductions in compensation sought from the Debtor as part 17 of the First Interim Application; and (e) the total amount owed by the Debtor to the Finn to date.

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10. [rest ofpage left intentionally blank]

19 20 21 22 23 24 25 26 27 28 3

q 1

2 Application Period '85% Fees Expenses 1 5 / 0 Fee Amount Paid Total Amount Holdback Owed 2 3

4 Net Amounts for $881,496.65 $71,206.39 $155,558.23 $1,108,261.28 $0.00 August 1 - November 5 30, 2001 Interim Application Period 6 December 1, 2001 March 31, 2002 $598,974.22 $61,140.86 $105,701.34 $765,816.41 $0.00 7 Interim Application Period 8 April 1 - July 31, 2002 Interim $400,790.65 $25,688.92 $70,724.75 $497,204.33 $0.00 9 Application Period August 1 - August $134,327.88 $18,514.92 $23,704.92 $152,842.82 $23,704.90 10 31, 2002 September 1- $120,160.89 $5,730.08 $21,204 86 $125,890.97 $21,204.86 11 September 30, 2002 October 1- October $112,772.66 $7,919.94 $19,901.10 $0.00 $140,593.66 12 31,2002 November 1 - $54,331.96 $2,839.09 $9,587.99 $0.00 $66,759.04 13 November 30, 2002 _______ ______ _____________

$2,302,854.91 $193,040.20 $406,383.19 $2,650,015.81 $252,262.46 14 Totals to Date:

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11. With regard to the copies of this Application served on counsel for the 16 Official Committee of Unsecured Creditors (the "Committee"), reorganization counsel for the 17 Debtor and the Office of the United States Trustee, (a) attached as Exhibit 1 hereto is the name 18 19 of each professional who performed services in connection with this case during the period 20 covered by this Application and the hourly rate for each such professional; and (b) attached as 21 Exhibit 2 are the detailed time and expense statements for the Application Period that comply 22 with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines 23 and the Guidelines of the Office of the United States Trustee.

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12. The Firm has served a copy of this Application (without Exhibits) on the 25 Special Notice List in this case.

26 27 13. Pursuant to this Court's Fee Order, the Debtor is authorized to make the 28 payment requested herein without a further hearing or order of this Court unless an objection to 2 Total Amount Owed includes the 15% holdback.

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1 this Application is filed with the Court by the Debtor, the Committee or the United States 2 Trustee and served by the fifteenth day of the month following the service of this Application. If 3 such an 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 by 5

17, 2002.

6 first class mail, postage prepaid, on or about December 7 14. The interim compensation and reimbursement of expenses sought in this 8 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 9 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 10 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 11 Firm will be credited against such final fees and expenses as may be allowed by this Court.

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15. The Firm represents and warrants that its billing practices comply with all 13 Guidelines and the 14 Northern District of California Bankruptcy Local Rules and Compensation 15 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 16 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 17 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 18 except as among the members and associates of the Firm.

19 20 21 22 23 24 25 26 27 28 5

1 2 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 3

to the Firm as requested herein pursuant to and in accordance with the terms of the Fee Order.

4 5

Dated: December /7, 2002 WINSTON & STRAWN 6

7 By: /

O0 oflits-Att9Ms 8 327(e) Coun 1 ýebtors and Debtors in PoVsession 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHI:1138323.2 6