ML023610037

Skadden, Arps, Slate, Meagher & Flom Llp'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

ML023610037
Person / Time
Site:	Diablo Canyon
Issue date:	12/19/2002
From:	Edmonson J, Levin R 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, Federal ID No. 94-0742640
Download: ML023610037 (5)

Text

1 RICHARD LEVIN (CA State Bar No. 66578)

JAMIE L. EDMONSON (CA State Bar No. 185384) 2 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 300 South Grand Avenue, Suite 3400 3 Los Angeles, California 90071-3144 Telephone: 213/687-5000 4 Facsimile: 213/687-5600

• D 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 Inre )) Case No. 01-30923-DM 12 PACIFIC GAS AND ELECTRIC COMPANY,) Chapter 11 Case 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 NOVEMBER 1, 2002 THROUGH NOVEMBER 30, 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 November 1, 2002 through November 30, 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 FOR ALLOWANCE SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR THE PERIOD AND REIMBURSEMENT OF EXPENSES 28 AND PAYMENT OF INTERIM COMPENSATION NOVEMBER 1, 2002 THROUGH NOVEMBER 30, 2002

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

3 2. The Firm billed a total of $75,345.76 in fees and expenses during the by 4 Application Period. The total fees represent 205.40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> expended during the period covered 5 this Application. These fees and expenses break down as follows:

6 7 Fees Expenses Total Period 8 November 1, 2002 $67,347.00 $7,998.76 $75,345.76 through November 9 30, 2002 10

3. Accordingly, the Firm seeks allowance of interim compensation in the 11 of 12 total amount of $65,243.71 at this time. This total is comprised as follows: $57,244.95 (85%

13 the fees for services rendered)' plus $7,998.76 (100% of the expenses incurred).

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 1 1 1_1 23 24 25 Payment of this amount would result in a "holdback" of $10,102.05.

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

27 FOR ALLOWANCE SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1, 2002 THROUGH NOVEMBER 30, 2002 I

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 $159,990.72 85% of fees and $159,990.72 February 1, 2002 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 $90,110.23 85% of fees and $90,110.23 19 100% of expenses May 31, 2002 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 25 100% of expenses through September 26 30, 2002 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 NOVEMBER 1, 2002 THROUGH NOVEMBER 30, 2002 1 $45,556.86 Amounts outstanding $45,556.86 April 1, 2002 through July 31, 2002 from cover sheet fee 2 applications less voluritary reductions 3 from Fourth Interim Fee Application 4

October 1, 2002 $94,196.22 85% of fees and $94,196.22 5 through October 31, 100% of expenses 2002 6

5. To date, the Firm is owed as follows (excluding amounts owed under this 7

Application):

8 9

10 Period Fees Description 11 Fourteenth (August 1, 2002 $22,755.67 15% fee holdback through August 31, 2002) 12 $12,739.72 15% fee holdback Fifteenth (September 1, 2002 13 through September 30, 2002)

Sixteenth (October 1, 2002 $15,644.47 15% fee holdback 14 through October 31, 2002) 15 Total Owed to Firm to Date $51,139.86 16 6. With regard to the copies of this Application served on counsel for the 17 Committee, counsel for the Debtor and the Office of the United States Trustee, attached as 18 Exhibit 1 hereto is the name of each professional who performed services in connection with this 19 case during the period covered by this Application and the hourly rate for each such professional; 20 and (b) attached as Exhibit 2 are the detailed time and expense records for the Application Period 21 that comply with all Northern District of California Bankruptcy Local Rules and Compensation 22 Guidelines and the Guidelines of the Office of the United States Trustee.

23 7. The Firm has served a copy of this Application on the Special Notice List 24 in this case.

25 8. In accordance with this Court's "ORDER ESTABLISHING INTERIM 26 FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 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 NOVEMBER 1, 2002 THROUGH NOVEMBER 30, 2002 I

1 on or about July 25, 2001, as subsequently amended, the Debtor is authorized to make the 2 payment requested herein without a further hearing or order of this Court unless an objection to 3 this Application is filed with the Court by the Debtor, the Committee or the United States 4 Trustee and served by the fifteenth day of the month following the service of this Application. If 5 such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 6 objection. The Firm is informed and believes that this Cover Sheet Application was mailed by 7 first class mail, postage prepaid, on or about December 19, 2002.

8 9. The interim compensation and reimbursement of expenses sought in this 9 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 10 fees and reimbursement of the expenses incurred for the totality of the services rendered in this 11 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 12 Firm will be credited against such final fees and expenses as may be allowed by this Court.

13 10. The Firm represents and warrants that its billing practices comply with all 14 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 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 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 20 to the Firm as requested herein in accordance with the terms of the "ORDER ESTABLISHING 21 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."

22 Dated: December 19, 2002 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 23 24 25 Richard Le in edm-nson fRegulatory Counsel to Debtor and Debtor in 26 Possession 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 NOVEMBER 1, 2002 THROUGH NOVEMBER 30,2002 U