ML030100007

Cooley Godward Llp'S Eighteenth Cover Sheet Application for Allowance & Payment of Interim Compensation & Reimbursement of Expenses for Period November 1, 2002 - November 30, 2002

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)

Text

1 for allowance and payment of intenm compensation for services rendered and reimbursement of 1 COOLEY GODWARD LLP I MICHAEL KELLY (133657) 2 expenses incurred during the Application Period.

2 ROBERT L. EISENBACIt (124896)

GREGG S. KLEINER (141311) 2. The Firm billed a total of $1,373,217.11 in fees and expenses during the 3

4 One Maritime Plaza,20th Floor San Francisco, CA 94111-3580 Telephone: (415) 693-2000, ,15U,ýý0 1ý 3 4 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 Facsimile: (415) 951-3699 5 period covered by this Application These fees and expenses break down as follows 5

Special Counsel to Debtor 6 FEES EXPENSES - TOTAL 6 PACIFIC GAS AND ELECTRIC COMPANY PERIOD 002 I November I to Novembr 30, 2 1,238,08300 $135,134.11 $1373,217.11 7

7 UNITED STATES BANKRUPTCY COURT 8 3. Accordingly, the Firm seeks allowance of interim compensation in the amount of a 8

NORTHERN DISTRICT OF CALIFORNIA 9 total of $1,187,504 66 at this time This total is comprised as follows: $1,052,370.55 (85%) of the 9

-. ,SAN FRANCISCO DIVISION 10 fees for services rendered' plus $135,134.11 (100% of the expenses incurred) 10 Chapter I I 11 4. For the post-petition period, the Firm has been paid to date as follows-I0 In re . I I Case No 01-30923 DM 12 APPLICATION PERIOD AMOUNT APPLIED DESCRIPTION AMOUNT PAID 12 PACIFIC GAS A1, ID ELECTRIC FOR n, .. ..

COMPANY, a Cal ifomia corporation, 13 S305,20504 100%offeesand $305,205 047 13 COOLEY GODWARD LLP'S EIGHTEENTH COVER 04/06/01-07/31/01 (10 post-petition interim fee application period) expenses' 1 Debtor. SHEET APPLICATION FOR ALLOWANCE AND 14 $981,483 45 100 % of fees and $981,483 45 14 - PAYMENT OF INTERIM COMPENSATION AND 08101/01 - 11/30101 (2"d post-petition REIMBURSEMENT OF EXPENSES FOR TIlE interim fee application penod) expenses' Federal ID No 94.-0742640, 15 15 PERIOD NOVEMBER I, 2002 - NOVEMBER 30, 12/01/01 - 03/31/02 ( 3 -i post-petion $781,86523 100 % of fees and $781,865 23 2002 interim fee application period) expenses 16 $1,123,384 94 100 % of fees and $1.121,884 94' 16 "- "-"

• "[No Hearing Scheduled] 04/01/02 - 07/31102 (4' post-petition interim fee application penod) expenses 17 $596,306 38 85% of fees and 100% $596,306 38 17 08/01/02 - 08/31/02 (August Cover Sheet Application Period) of expenses ,

18 18 Cooley Godward LLP (the "Firm") submits this Eighteenth Cover Sheet Application (the 09/01/02 - 09/30/02 (September $660,122 35 85% of fees and 100% $660.122.35 Cover Sheet Application Period) of expenses _

19 19 "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 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 20 TOTAL: $5,456,622 66 53,386,568 96 20 Expenses for the Period November 1, 2002 -November 30, 2002 (the "Application Period")

21 5. To date, the Firm is owed as follows (excluding amouils owed pursuant to this 21 This Application is made pursuant to the Order Establishing Interim Fee Application and 22 Application): I 22 Expense Reimbursement Procedure that was entered on or about June 26, 2002, as amended 23 AMOUNT DESCRIPTION 23 November 8, 2002, and amended again as of March 18, 2002 ("Interim Fee Order"). Paragraph 4 APPLICATION PERIOD 04/06/01-07/31/01 (I" post-petition $- 0 24 interim fee application period) 24 of the Interim Fee Order contemplates that Pacific Gas and Electric Company (the "Debtor") shall $-0 08/01/01 - 11130101 (2'" post-petition 25 interim fee application period) 25 pay a portion of its professionals undisputed fees and all costs after the fifteenth day of the month $ 12/01/01 - 03/31/02 (3' post-pettion 26 26 following the filing and service of the Application ("Interim Compensation").

Payment of this amount would result in a"holdback" of$185,712 45. ',

27 except $29,434 90 was paid floes the Firm's prepetition retainer.

27 In support of this Application, the Firm respectfully represents as follows' 2All 28 The Court's Order reduced the allowed amount by $1,500 00 .

28 1. The Firm is Special Counsel to the Debtor. The Firm hereby applies to the Court cede,¢ OsowasttU, COOLEY COOLEY GODWARD LLP's NOTICE 697273 1t6/SF GODWARD LLP'S NOTICE CoS., Fo-w-L . 697273 v16/SF yOpP161DOC 2. OF18 C OVER SHEET APPLICATION XyOp161DOC OF 1 6" COVER SuEET APPI ICATION CASE No. 01-30923 DM I. CASE NO 01-30923 DM C ý czý

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10. The Firm represents and warrants that its billing practices comply with all Northern 1 interim fee application Lertod) 04/01/02 - 07/31/02 (4 _post-petiion S-0 2 District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of 2 intenm fee application period) _

08/01/02 -08/31/02 (August Cover $99,37904 15% of fee holdback 3 the Office of the United States Trustee. Neither the Firm nor any members of the Firm has any 3 Sheet Application Period) _ _ _

09/01/02-09/30/02 (September Cover Sheet ApplicatuonPeriod)

$109,292 92 15% of fee holdback '" 4 agreement or understanding of any kind or nature to divide, pay over or share any portion of the 4

10/01/02-10/31/02 (October Cover $162,07460 15% offee holdback 5 fees or expenses to be awarded to the Firm with any other person or attorney except as among the 5 Sheet Appicatton Period)

TOTAL: $370,746.56 ' 6 members and associates of the Firm 6

6. With regard to the copies of this Application served on coufisel for the Cbmnmittee, 7 WHEREFORE, the Ftrm respectfully requests that the Debtor pay compensation to the Firm 7

counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit I hereto is 8 as required herein pursuant to and in accordance with the terms of the Interim Fee Order.

8 the name of each professional who performed services in connection with' this case during the 9 Dated: December 31, 2002 COOLEY GODWARD LLP 9

period covered by this Application and the hourly rate for each such professiornal; and (b) attached 10 10 By: Is/ J. Michael Kelly as Exhibit 2 are the detailed time and expense statements for the Application Period~hat comply II J. Michael Kelly II with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines ind 12 Special Counsel to Debtor 12 PACIFIC GAS AND ELECTRIC COMPANY the Guidelines of the Office of the Unted States Trustee. 13 13

7. The Firm has served a copy of this Application (without Exhibits) on the Special 14 14 Notice List in this case. 15 15

8. Pursuant to this Court's Interim Fee Order the Debtor is authorized to make the 16 16 payment requested herein without a further hearing or order of this Court unless an objection to 17 17 this Application is filed with the Court by the Debtor, the Committee or the United States Trustee 18 18 and served by the Eighteenth day of the month following the service of this Application If such 19 19 an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection. 20 20 The Firm is informed and believes that this Application was mailed by first class mail, postage 21 21 prepaid, on or about December 31, 2002 22 22

9. The interim compensation and reimbursement of expenses sought in this 23 23 Application is on account and is not final. Upon the conclusion of these cases, the Firm will seek 24 24 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 25 25 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 26 26 Firm (along with the Firm's retainer) will be credited against such final fees and expenses as may 27 27 be allowed by this Court. 28 28 COOLEY GODwARD LLP'S NOTICE 697273v1t61SF 697273vl6,SF IyepW61DOC COOLEY OF GODWARD 18" COVER LLP's SIHEET NOTICE APPLICATION yO6 DOCOF I8 COVER SI1EET APPLICATIýON

4. CASE NO. 01-30923 DM CASE NO. 01-30923 DM

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• 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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