ML030310204
| ML030310204 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/24/2003 |
| From: | Edmonson J 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, 94-0742640 | |
| Download: ML030310204 (7) | |
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 1$
4 Facsimile: 213/687-5600 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 In re
)
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
)
16
)
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 DECEMBER 1, 2002 THROUGH DECEMBER 31. 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 December 1,2002 through December 31, 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 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 PERIODt2 DECEMBER 1, 2002 THROUGH DECEMBER 31, 2002
\\
cor Ap Application Period. The total fees represent 406.90 hours0.00104 days <br />0.025 hours <br />1.488095e-4 weeks <br />3.4245e-5 months <br /> expended during the period covered by this Application. These fees and expenses break down as follows:
2 3
4 5
6 7
8 9
11 1~
1 1
1 1
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $121,562.85 at this time. This total is comprised as follows: $114,947.63 (85%
of the fees for services rendered)' plus $6,615.22 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:
Amount Applied For Description
$412,199.69 100% of fees and 100% of expenses
$ 232,904.35 85% of fees and Application Period April 6 2001 through
'July 31, 2001 August 1, 2001 through August 31, 2001 September 1, 2001 through September 30, 2001 October 1, 2001 through October 3 1, 12001
$182,393.51 Iuuo/o or expenses 85% of fees and 100% of expenses
$351,118.17 85% of fees and
$100% of expenses Total
$384,116.822
$211,716.95
$182,363.51
$351,118.17 Payment of this amount would result in a "holdback" of $20,284.87.
2 This amount represents the amount allowed from the Firm's first interim fee application, after reduction for certain time and disbursements.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1, 2002 THROUGH DECEMBER 31,2002 npensation for services rendered and reimbursement of expenses incurred during the plication Period.
- 2.
The Firm billed a total of $141,847.72 in fees and expenses during the 1
I 1
3 4
5 6
7 18 19 10 21 22 23 24 25 26 27 28 Z.-
1 2
3 4
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1, 2002 THROUGH DECEMBER 31,2002 2
2
'7 8 November 1, 2001
$327,076.56 85% of fees and
$327,076.56 through November 100% of expenses 30, 2001 December 1, 2001
$49,443.48 85% of fees and
$49,443.48 through December 100% of expenses 31, 2001 August 1, 2001 Amounts outstanding
$137,056.57 through November from cover sheet fee 30,2001 applications less certain reductions from Second Interim Fee Application January 1, 2002
$104,031.40 85% of fees and
$104,031.40 through January 31, 100% of expenses 2002 February 1, 2002
$159,990.72 85% of fees and
$159,990.72 through February 28, 100% of expenses 2002 March 1, 2002
$89,507.42 85% of fees and
$89,507.42 through March 31, 100% of expenses 2002 April 1, 2002 through
$111,659.93 85% of fees and
$111,659.93 April 30, 2002 100% of expenses December 1, 2001 Amounts outstanding
$52,271.96 through March 31, from cover sheet fee 2002 applications less certain reductions from Third Interim Fee Application May 1, 2002 through
$90,110.23 85% of fees and
$90,110.23 May 31, 2002 100% of expenses June 1, 2002 through
$28,872.94 85% of fees and
$28,872.94 June 30, 2002 100% of expenses July 1, 2002 through
$77,733.11 85% of fees and
$77,733.11 July 31, 2002 100% of expenses August 1, 2002
$131,944.96 85% of fees and
$131,944.96 through August 31, 100% of expenses 2002 September 1, 2002
$72,743.14 85% of fees and
$72,743.14 through September 100% of expenses 30,2002
II 1
2 3
4 5
6 7
8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
,pplication):
I April 1, 2002 through
$45,556.86 Amounts outstanding
$45,556.86 July 31, 2002 from cover sheet fee applications less voluntary reductions from Fourth Interim Fee Application October 1, 2002
$94,196.22 85% of fees and
$94,196.22 through October 31, 100% of expenses 2002 November 1, 2002
$65,243.71 85% of fees and
$65,243.71 through November 100% of expenses 30, 2002
- 5.
To date, the Firm is owed as follows (excluding amounts owed under this 28 A
Period Fees Description Fourteenth (August 1, 2002
$22,755.67 15% fee holdback through August 31, 2002)
Fifteenth (September 1, 2002
$12,739.72 15% fee holdback through September 30,2002)
Sixteenth (October 1, 2002
$15,644.47 15% fee holdback through October 31, 2002)
Seventeenth (November 1,
$10,102.05 15% fee holdback 2002 through November 30, 2002)
Total Owed to Firm to Date
$61,241.91
- 6.
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 who performed services in connection with this case during the period covered by this Application and the hourly rate for each such professional; and (b) attached as Exhibit 2 are the detailed time and expense records 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.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1, 2002 THROUGH DECEMBER 31,2002 _
1
- 7.
in rirm nas :sveu -,v, r.........
2 in this case.
3
- 8.
In accordance with this Court's "ORDER ESTABLISHING INTERIM 4
FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 5
on or about July 25, 2001, as subsequently amended, the Debtor is authorized to make the 6
payment requested herein without a further hearing or order of this Court unless an objection to 7
this Application is filed with the Court by the Debtor, the Committee or the United States 8
Trustee and served by the fifteenth day of the month following the service of this Application. If 9
such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 10 objection. The Firm is informed and believes that this Cover Sheet Application was mailed by 11 first class mail, postage prepaid, on or about January 24, 2003.
12
- 9.
The interim compensation and reimbursement of expenses sought in this 13 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 14 fees and reimbursement of the expenses incurred for the totality of the services rendered in this 15 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 16 Firm will be credited against such final fees and expenses as may be allowed by this Court.
17
- 10.
The Firm represents and warrants that its billing practices comply with all 18 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 19 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 20 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 21 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 22 except as among the members and associates of the Firm.
23 24 25 26 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 DECEMBER 1, 2002 THROUGH DECEMBER 31,2002 _,,
~-~
,thk Annlication on the Special Notice List
1 2
3 4
5 6
7 8
9 10 11 12 12 1'
1 1
1 1
2 2
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP D
5 6
7 8
9
.0 21 2
23 24 25 26 27 28 ated: January 24, 2003 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1, 2002 THROUGH DECEMBER 31,2002 2
2
-v-WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the Firm as requested herein in accordance with the terms of the "ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."
1 2
3 4
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2(
27 2*
CERTIFICATE OF SERVICE I, Jamie L. Edmonson, hereby certify that on the 2 4th day of January, 2003, 1 caused the foregoing Skadden, Arps, Slate, Meagher & Flom LLP's Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period December 1, 2002 through December 31, 2002 to be served on the parties on the attached Special Notice List by First Class Mail.
Jamiie L.
onson SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 8
AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1, 2002 THROUGH DECEMBER 31,2002 325321.01-Wilmington S1A I'