ML030100007
| ML030100007 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/31/2002 |
| From: | Joseph Kelly Cooley Godward, LLP, Pacific Gas & Electric Co |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923, 94-0742640 | |
| Download: ML030100007 (3) | |
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I PACIFIC GAS A1, COMPANY, a Cal Federal ID No 94.
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA
,SAN FRANCISCO DIVISION Chapter I I ID ELECTRIC Case No 01-30923 DM ifomia corporation, COOLEY GODWARD LLP'S EIGHTEENTH COVER Debtor.
SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND
-0742640, REIMBURSEMENT OF EXPENSES FOR TIlE PERIOD NOVEMBER I, 2002 - NOVEMBER 30, 2002
- "[No Hearing Scheduled]
Cooley Godward LLP (the "Firm") submits this Eighteenth Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period November 1, 2002 -November 30, 2002 (the "Application Period")
This Application is made pursuant to the Order Establishing Interim Fee Application and Expense Reimbursement Procedure that was entered on or about June 26, 2002, as amended November 8, 2002, and amended again as of March 18, 2002 ("Interim Fee Order"). Paragraph 4 of the Interim Fee Order contemplates that Pacific Gas and Electric Company (the "Debtor") shall pay a portion of its professionals undisputed fees and all costs after the fifteenth day of the month following the filing and service of the Application ("Interim Compensation").
In support of this Application, the Firm respectfully represents as follows'
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The Firm is Special Counsel to the Debtor. The Firm hereby applies to the Court 697273 v16/SF COOLEY GODWARD LLP's NOTICE XyOp161 DOC OF 1 6" COVER SuEET APPI ICATION I.
CASE NO 01-30923 DM COOLEY GODWARD LLP I MICHAEL KELLY (133657)
ROBERT L. EISENBACIt (124896)
GREGG S. KLEINER (141311)
One Maritime Plaza,20th Floor San Francisco, CA 94111-3580 Telephone:
(415) 693-2000, Facsimile:
(415) 951-3699 Special Counsel to Debtor PACIFIC GAS AND ELECTRIC COMPANY 15U,ý 1ý
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cede,¢ Osowast tU, for allowance and payment of intenm compensation for services rendered and reimbursement of expenses incurred during the Application Period.
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The Firm billed a total of $1,373,217.11 in fees and expenses during the Application Period. The total fees represent approximately 4640 30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br /> expended during the period covered by this Application These fees and expenses break down as follows PERIOD FEES EXPENSES TOTAL I November I to Novembr 30, 2002 1,238,08300
$135,134.11
$1373,217.11
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Accordingly, the Firm seeks allowance of interim compensation in the amount of a total of $1,187,504 66 at this time This total is comprised as follows: $1,052,370.55 (85%) of the fees for services rendered' plus $135,134.11 (100% of the expenses incurred)
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For the post-petition period, the Firm has been paid to date as follows-C ý czý APPLICATION PERIOD AMOUNT APPLIED DESCRIPTION AMOUNT PAID FOR n,
04/06/01-07/31/01 (10 post-petition S305,20504 100%offeesand
$305,205 047 interim fee application period) expenses' 1
08101/01 - 11/30101 (2"d post-petition
$981,483 45 100 % of fees and
$981,483 45 interim fee application penod) expenses' 12/01/01 - 03/31/02 ( 3-i post-petion
$781,86523 100 % of fees and
$781,865 23 interim fee application period) expenses 04/01/02 - 07/31102 (4' post-petition
$1,123,384 94 100 % of fees and
$1.121,884 94' interim fee application penod) expenses 08/01/02 - 08/31/02 (August Cover
$596,306 38 85% of fees and 100%
$596,306 38 Sheet Application Period) of expenses 09/01/02 - 09/30/02 (September
$660,122 35 85% of fees and 100%
$660.122.35 Cover Sheet Application Period) of expenses 10/01/02 - 10/31/02 (October Cover
$1,008,255 27 85% of fees and 100%
$1,008,255.29 Sheet Application Period) of expenses TOTAL:
$5,456,622 66 53,386,568 96
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To date, the Firm is owed as follows (excluding amouils owed pursuant to this Application):
I APPLICATION PERIOD AMOUNT DESCRIPTION 04/06/01-07/31/01 (I" post-petition
$- 0 interim fee application period) 08/01/01 - 11130101 (2'" post-petition
$-0 interim fee application period) 12/01/01 - 03/31/02 (3' post-pettion
$ Payment of this amount would result in a"holdback" of$185,712 45.
2All except $29,434 90 was paid floes the Firm's prepetition retainer.
The Court's Order reduced the allowed amount by $1,500 00 697273 1t6/SF COOLEY yOpP161 DOC
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OF 18 C GODWARD LLP'S NOTICE OVER SHEET APPLICATION CASE No. 01-30923 DM
interim fee application Lertod) 04/01/02 - 07/31/02 (4
_post-petiion S -0 intenm fee application period) 08/01/02 -08/31/02 (August Cover
$99,37904 15% of fee holdback Sheet Application Period) 09/01/02-09/30/02 (September
$109,292 92 15% of fee holdback Cover Sheet ApplicatuonPeriod) 10/01/02-10/31/02 (October Cover
$162,07460 15% offee holdback Sheet Appicatton Period) 1 2
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9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TOTAL:
$370,746.56
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With regard to the copies of this Application served on coufisel for the Cbmnmittee, counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit I hereto is the name of each professional who performed services in connection with' this case during the period covered by this Application and the hourly rate for each such professiornal; and (b) attached as Exhibit 2 are the detailed time and expense statements for the Application Period~hat comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines ind the Guidelines of the Office of the Unted States Trustee.
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The Firm has served a copy of this Application (without Exhibits) on the Special Notice List in this case.
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Pursuant to this Court's Interim Fee Order 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 Eighteenth 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 Application was mailed by first class mail, postage prepaid, on or about December 31, 2002
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The interim compensation and reimbursement of expenses sought in this Application is on account and is not final. Upon the conclusion of these cases, 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.
697273 v1t61SF COOLEY GODwARD LLP'S NOTICE yO6 DOCOF I8 COVER SI 1EET APPLICATIýON CASE NO. 01-30923 DM I
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COOLEY GODWARD LLP's NOTICE OF 18" COVER SIHEET APPLICATION CASE NO. 01-30923 DM
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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 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 Ftrm respectfully requests that the Debtor pay compensation to the Firm as required herein pursuant to and in accordance with the terms of the Interim Fee Order.
Dated: December 31, 2002 COOLEY GODWARD LLP By: Is/ J. Michael Kelly J. Michael Kelly Special Counsel to Debtor PACIFIC GAS AND ELECTRIC COMPANY
[Cooley Godward I
g ATIORNEYS AT LAW One Maritime Plaza 20th Floor San Francisco, CA 94111-3580 U S Nuclear Regulatory Commission Attn. Document Control Desk
-Washington, DC 20555-0001
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