ML030080048

Heller Ehrman White & Mcauliffe Llp'S Cover Sheet Application for Allowance & Payment of Interim Compensation & Reimbursement of Expenses for the Period November 1, 2002, Through November 30, 2002

ML030080048
Person / Time
Site:	Diablo Canyon
Issue date:	12/30/2002
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, 94-0742640
Download: ML030080048 (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 b 20 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 Chapter 11 Case 13 COMPANY, a California corporation, 14 Debtor.

[No Hearing Scheduled]

15 Federal I.D. No. 94-0742640 16 17 HELLER EHRMAN WHITE & McAULIFFE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM 18 COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1, 2002, THROUGH NOVEMBER 30, 2002 19 20 Heller Ehrman White & 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 November 1, 2002, through 23 November 30, 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 C

Heller 28 Ehrman White & HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD NOVEMBER 1, 2002, THROUGH NOVEMBER 30, 2002 McAuliffe LLP u CASE NO.: 01-30923 DM

1 hereby applies to the Court for allowance and *paymentof interim compensation for services 2 rendered and reimbursement of expenses incurred during the Application Period.

3 2. The Firm billed a total of $745,570.26 in fees and expenses during the 4 Application Period. The total fees represent 2,496.90 hours0.00104 days <br />0.025 hours <br />1.488095e-4 weeks <br />3.4245e-5 months <br /> expended during the 5 Application Period. These fees and expenses break down as follows:

6 Period Fees Expenses Total 7 11/01/02 - 11/30/02 $715,658.90 $30,001.36 $745,570.26 8 3. Accordingly, the Firm seeks allowance of interim compensation in the total 9 amount of $638,234.93 at this time. This total comprises the following: $608,233.57 (85%

10 of the fees incurred during the Application Period)' plus $30,001.36 (100% of the expenses 11 incurred).

as follows: 2 12 4. For the post-petition period, the Firm has been paid to date 13 Application Period Amount Applied For Description Amount Paid 14 4/6/01 - 7/31/01 (first $2,264,794.01 100% of fees and $2,246,327.81P

-. 100%of expenses-'

15 fee applicationinterim post-petition period) _

16 17 'Payment of this amount would result in a "holdback" of $107,335.34, equal to 15% of the Firm's 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 re-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 26 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 27 (Nov. 21, 2001); December 12, 2001 Order at pp. 16-17.

2 Heller 28 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD Ehrman NOVEMBER 1,2002, THROUGH NOVEMBER 30, 2002 White & CASE NO.: 01-30923 DM McAuliffe LIP

1 Application Period Amount Applied For Description Amount Paid

$2,251,673.88 100% of fees and $2,231,752.484 2 8/1/01 - 11/30/01 (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 10/01/02 - 10/31/02 $ 727,046.23 85% of fees and $ 727,046.25 12 100% of expenses (Oct. CSA period) 13 Total $12,438,134.14 $12,399,796.62 14

5. To date, the-Firm -is owed-as follows (excluding amouzits owed pursuant to 15 this Application):

16 Application Period Amount Description 17 First post-petition interim $ 0 fee applicaition period 18 (4/6/01 -7/31/01)________________________

19 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 $8.82,086.00 ($824,990.54 25 (85% of fees) + $57,095.46 (100% of expenses)). Subsequently, Heller Ehrman agreed to reduce its fees for the August invoice for Matter No. 88 as follows: (i) a reduction of $5,434.80 based on incorrect billing rates 26 used in the original bill, and (ii) an additional reduction of $10,000 agreed to by Heller Ehrman and PG&E.

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).

3 Heller 28 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD Ehrman NOVEMBER 1, 2002, THROUGH NOVEMBER 30,2002 White & CASE NO.: 01-30923 DM McAuliffe LLP

1 Application Period Amount Description 2 Second post-petition 0 interim fee application 3 period (8/1/01 - 11/30/01) 4 Third post-petition interim 0 fee application period 5 (12/1/01 - 3/31/02)

Fourth post-petition interim $ 0 6 fee application period (4/1/02 - 7/31/02) 7 Auust cover sheet $ 143,327.356 15% fee holdback 8 application period (8101/02-- 8/31/02) 9 September cover sheet $ 115,619.48 15% fee holdback 10 application period (9/01/02 - 9/30/02) 11 $ 120,814.89 15% fee holdback October cover sheet 12 application period (1 /01/02 - 10/31/02) 13 Total Owed to Firm to Date $ 379,761.72 14

6. With regard to the copies of this Application served on counsel for the 15 Committee, counsel for the Debtor and the Office of the United States Trustee, attached as 16 Exhibit 1 hereto is the name of each professional who performed services in connection with 17 this case during the period covered by this Application and the hourly rate for each such 18 professional; and (b) attached as Exhibit 2 are the detailed time and expense statements for 19 the Application Period that comply with all Northern District of California Bankruptcy 20 Local Rules and Compensation Guidelines and the Guidelines of the Office of the United 21 States Trustee.

22

7. The.Firm has served a copy of this Application (without Exhibits) on the 23 Special Notice List in this case.

24 25 26 6 This 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.

4 Heller 28 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD Ehrman NOVEMBER 1,2002, THROUGH NOVEMBER 30,2002 White & CASE NO.: 01-30923 DM McAuliffe LLP

1 8. Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE entered 2 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was herein 3 on or about July 26, 2001, the Debtor is authorized to make the payment requested is 4 without a further hearing or order of this Court unless an objection to this Application served 5 filed with the Court by the Debtor, the Committee or the Unites States Trustee and an 6 by the fifteenth day of the month following the service of this Application. If such to the 7 objection is filed, Debtor is authorized to pay the amounts, if any, not subject was mailed 8 objection. The Firm is informed and believes that this Cover Sheet Application 9 by first class mail, postage prepaid, on or about December 30, 2002.

10 9. The interim compensation and reimbursement of expenses sought in this 11 Application is on account and is not final. Upon the conclusion of this case, the Firm will 12 seek fees and reimbursement of the expenses incurred for the totality of the services by this 13 rendered in the case. Any interim fees or reimbursement of expenses approved against 14 Court and received by the Firm (along with the Firm's Retainer) will be credited 15 such final fees and expenses as may be allowed by this Court.

16 10. The Firm represents and warrants that its billing practices comply with all and 17 Northern District of California Bankruptcy Local Rules and Compensation Guidelines 18 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any 19 members of the Firm has any agreement or understanding of any kind or nature to divide, any 20 pay over or share any portion of the fees or expenses to be awarded to the Firm with 21 other person or attorney except as among the members and associates of the Firm.

22 23 24 25 26 27 28 5 Heller 28 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD Ehrman NOVEMBER 1, 2002, THROUGH NOVEMBER 30, 2002 White & CASE NO.: 01-30923 DM McAuliffe u.p. I

1 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to 2 the Firm as requested herein pursuant to and in accordance with the terms of the "ORDER 3 ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT 4 PROCEDURE."

5 Dated: December 30, 2002 HELLER EHRMAN WHITE & McAULIFFE LLP 6

7 By:_ _________

'Adam M. Cole 8 Special Counsel for Debtor in Possession 9 PACIFIC GAS AND ELECTRIC COMPANY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 6

Heller 28 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD Ehrman NOVEMBER 1, 2002, THROUGH NOVEMBER 30, 2002 White & CASE NO.: 01-30923 DM McAuliffe LLP