ML030030714
| ML030030714 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 02/27/2002 |
| 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, 94-0742640 | |
| Download: ML030030714 (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 Special Counsel to Debtor and Debtor in Possession, 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 California corporation;'
13 "Debtor and Debtor in Possession.
.14 Hearing: February 28, 2003 Federal I.D. No. 94-0742640 15 16 STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION 17 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1-30, 2002 18 19 Steefel, Levitt &.Weiss (the "Firm") respectfully submits its Cover Sheet Application (the 20 "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 21 Expenses for the Period November 1-30, 2002 (the "Application Period"). In support of the 22 Application, the Firm respectfully represents as follows:
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- 1.
The Firm is Special Counsel to the debtor and debtor-in-possession in the above 24 referenced bankruptcy case (the "Debtor"). The Firm hereby applies to the Court for allowance 25 and payment of interim compensation for services rendered and reimbursement of expenses 26 incurred during the Application Period.
27 28 SLW NOVEMBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830.6329280 1
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Application Period Amount Applied For Description Amount Paid Aug. 1-31, 2002
$78,001.96 85% of fees and 100% of Expenses
$78,001.96 Sept. 1-30,2002
$58,778.41 85% of fees and 100% of Expenses
$58,778.41 Oct. 1-31, 2002
$70,160.852 85% of fees and 100% of Expenses
$69,682.72 TOTAL
$206,941.22
$206,463.09
- 5.
Based on its Cover Sheet Applications filed in this proceeding, to date, the Firm is owed the following funds held back (excluding amounts owed pursuant to this Application):
Application Period Amount Description 14th (Aug. 1-31, 2002)
$13,239.21 15% fee holdback and/or portion of fees objected to 15'h (Sept. 1-30, 2002)
$9,881.69 15% fee holdback and/or portion of fees objected to 16dh (Oct. 1-31, 2002)
$12,140.503 15% fee holdback and/or portion of fees objected to plus underpayment of October 2002 claim due to computational error TOTAL OWED
$35,261.404 1 Payment of this amount would result in a "holdback" of $7,431.00.
2 This number has been changed from that in the October 2002 Cover Sheet Application to reflect a computational error of $562.50.
3 The indicated holdback for Oct. 1-31, 2002, reflects a reduced payment due to the computational error in the October 2002 Cover Sheet Application. See Footnote 2, supra.
4 See Footnote 3, supra.
SLW NOVEMBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT.
Case No. 01-30923 DM 15830.6329280.1 2
- 2.
The Firm billed a total of $53,486.67 in fees and expenses during the Application Period. The total fees represent 176.59 hours6.828704e-4 days <br />0.0164 hours <br />9.755291e-5 weeks <br />2.24495e-5 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period Fees Expenses Total November 1-30, 2002
$49,540.03
$3,946.64
$53,486.67
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $46,055.67 at this time. This total is comprised as follows: $42,109.03 (85% of the fees for services rendered)' plus $3,946.64 (100% of the expenses incurred).
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For the post-petition period, the Firm has been paid to date as follows:
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S10 t
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't '* ',21 22 23 24 S25 26 27 28
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With regard to the copies of this Application served on counsel for the Committee, counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who0performed services in connection with this case during the period covered by this Application, the hourly rate for each such professional, and the detailed time and expense statements for the Application-Period that comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee.
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The Firm has served a copy of this Application (without Exhibit 1) on the Special Notice List in this case.
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Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE (Revised March, 2002)" which was entered on or about March 18, 2002, the Debtor is authorized to make the payment requested herein without a further hearing or order of this Court unless an objection to this Application is filed with the Court by the Debtor, the Committee or the United States Trustee and served by the fifteenth day of the month following the service of this Application. If
. such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and believes that this Cover Sheet Application was mailed by first class mail, postage prepaid, on or about November 27, 2002.
- 9.
The interim compensation and reimbursement of expenses sought in this
,Application is on account and is not final. Upon the conclusion of this case, the Firm will seek fees and reimbursement of the expenses incurred for the totality of the services rendered in the case. Any interim fees or reimbursement of expenses approved by this Court and received by the Firm (along with the Firm's retainer) will be credited against such final fees and expenses as may be allowed by this Court.
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The Firm represents and warrants that its billing practices comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the Firm has any agreement or understanding of any kind or nature to divide, pay over or share any SLW NOVEMBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 3
Case No. 01-30923 DM 15830 6329280.1
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portion of the fees or expenses to be awarded to the Firm with any other person or attorney except as among the members and associates of the Firm.
WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the Firm as requested herein pursuant to and in accordance with the terms of the "SECOND AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE (Revised March, 2002)."
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEEFEL, LEVITT & WEISS A Professional Corporation
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Mark Fogelian Attorneys for Special Counsel to Debtor and Debtor in Possession, PACIFIC GAS AND ELECTRIC COMPANY SLW NOVEMBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830:6329280.1 4
Date: December 27, 2002 m
1 PROOF OF SERVICE 2
I, Anne Ogonowski, declare as follows:
3 I am employed in the City and County of San Francisco, California, over the age of 4
eighteen years, and not a party to the within cause. My business address is STEEFEL, LEVITT 4 &WEISS, One Embarcadero Center, 30th Floor, San Francisco, California 94111. On 5
December 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 NOVEMBER 1-30, 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 19.iiand by serving all parties on the Special Notice List (as of December 5, 2002), by placing a true S
19 copy of the Cover Sheet Application, without Exhibit 1, in a sealed envelope, addressed to all 20 parties on said Special Notice List, found at:
21 http://www. canb.uscourts.govlcanblDocuments.nsf/4fa6cc9d77741519882569e50004dce 612cb 9 cc414857666088256a3 7005a57da/$FILE/_Oa13ichaja1 76ut2cedqO-.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.
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-PROOF OF SERVICE - 1 14:olJ.UcY' OU-i*,i¢ 1.)0jV.Vj440V.1
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15830:6329280.1 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.
Executed on December 27, 2002, at San Francisco, California.
Anne Ogonowski PROOF OF SERVICE - 2