ML030380371
| ML030380371 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/31/2003 |
| 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: ML030380371 (6) | |
Text
MARK FOGELMAN (State Bar No. 50510)
HARVEY L. LEIDERMAN (State Bar No. 55838)
STEEFEL, LEVITT & WEISS A Professional Corporation One Embarcadero Center, 30th Floor San Francisco, California 94111 Telephone: (415) 788-0900 Facsimile: (415) 788-2019 Special Counsel to Debtor and Debtor in Possession, PACIFIC GAS AND ELECTRIC COMPANY 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 28 36'eý16 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 01-30923 DM ECTRIC Chapter 11 Case COMPANY, a California corporation, Debtor and Debtor in Possession.
Federal I.D. No. 94-0742640 Hearing: Not set STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1-31, 2002 Steefel, Levitt & Weiss (the "Firm") respectfully submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period December 1-31, 2002 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
- 1.
The Firm is Special Counsel to the debtor and debtor-in-possession in the above referenced bankruptcy case (the "Debtor"). The Firm hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during the Application Period.
- 2.
The Firm billed a total of $49,932.29 in fees and expenses during the Application Period. The total fees represent 169.06 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> expended during the Application Period. These c SLW DECEMBER 2002 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830:6331254.1 t
()tI, 1
11 1
In Re:
PACIFIC GAS AND ELI
fieesand,expenses ~break, down as follqWsý:
'3 5
6 7
.81 9
13 14 15 16 LL17,:
18 19 720 21,
ý23 24 25,
.27
-28,
- 5.
Based on its Cove Sh Jtplto~
f~e nt~sproceeding, to datp, th
-imis owed the follpwing funds held back,(e?1c~udig:amono1ts ow~ed pursuant to this Application):
Application Period,:
-Amountii I:,
DescrIption 14th (Aug. 1-311. 2002),
.ý$13239.2t ;,P% fee holdback and/or portion of fees objec~ted to l5P (Sept 1-.&30, 2002).
9,881.69 15% fee holdback and/or pqrtion. offees objected to 16'h (Oct. 1-31,,'2002),
12, 140.5W~ 151o,.fee h.oldback adkrportion of fees objected to 17th (Nov. V-30,2002.)
7,4,31.00) 15% fee ho0ldbac1k,and/qr~pqrtion of fees o~jected to t-TOTAL!W
-..?,,
Qwýr$424692.40
,'t Payment of this amount would result. in a ýldac!of $7,200.18.
2 This number has been changed from that in the October 2002 Cover Sheet Application to reflect a computational erre~rof $502_50.
3 The indicated holdback for Oct. 1-31, 2002, includes the computational error of $562.50 in Applicant'6 October 2002ttCbver Sheet Application which was., entified and corrected in Applicant's November 2002 Co~r et Application, filed herein on December 27, 2002.
SLW DECEMBER 2002 1COVER SIMEE1; ?PLICATIO1N FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM[*.
1 15830:6331254.1 2
Perilod i
Feesý Expenses Total P ecemberf 1-a31, 200Z [;
$40121 I $4,931.08.
I
$9922 3: Accordingly, thet Firm. seek~s allowance:Qf inxterim compensation, in -the total amount of $42,732.1 Lat this time-. -This total is-comprsds.flw: $40,801.03 (85% of the fees for services rendered) plus $1,931.08 (100%. of the:expse inurd). ;:i
- 4.
For Applicant's Fourth Interim Compensationr P~eriod, the Firm bas been paid to date asfollows:-.
r..
F Application Period Amount Applied For }Description ;Amount Paid iAug. 1,31,_2002J."
$78,001'.96:- W,ý-7,I85% of fees and 1009o of Expenses
$78,'001.96
'Sept: 1-30 ;2002J 4 5%~778.41 85% of, fees a1nd 100% oý,f Expefises':
$58,778.41 O~ct: i1'-31, 2002'2 ~'-$70,245.22ý 85%1 of fees and 100%o of Expenses'
-$696802.S72
.N~,13~:2-2$46,055467-85% of fees and'i00%eof Expense,
'$46P055.67 rZtTTL
$153,082i1 16' ý,'
, ".11,j.1 'l
$2-52A-5,8.76L
1 2
'3*
4'.
5 6
7 8
- 9.
1"1 1'
2-0
- S12, J4~
15 16
- 17 Z18
- :? :19:
'21 23 24 25 26
,.1 27 28 r
- 6.
With regard to the copies of thisiApplicaiti6n servedbin'totnsel forthe Coinmittee, counsel for the Debtor and-the Offide of the United States Trustee, attached as Exhibit I1 fiereto is the name of each profis4i0'lwho performedkeivices in conneetinwiththi~s~as-durfin the period covered by this:Atplicatio'n, the houriy'aatefbr. eadi suCh professional, and the detailed time and expense statemenits for the Applicatien Period that comply with all Northern District of California Bankruptcy LoealRulesaifid Coinpeinsatidn Guidelines andthe Guidelines of the
-Office of the Unted States Trustee.,
- 7.
The Firm has served a copy of this Application (without Exhibit.l) on the Special Notice Listin this case. I
- 7
- 8. 'Pursuant to this Court's'"SECOND A-ENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEIDURE (Revised
-March, 2002)"-which was entered on or about Mart'h 8, 2002, the Debtor is authorized to make
',the payment requested herein withbuta-fur*her hearing ororder o thisýGourt. uriles'. objection to.this Application is filed with the Court 1.y the lkbtor,-te. Commnittee.or the United stia6e Trustee and served by the fifteenth day of the month following the service of this Application. If such an 'objection'is filea,' Debtor i9atitbrfized lo pai thie aimounts, if any, not subject to the
':'6bjectidn. The Fh'Ais'infdi'medh dhd belieVis.that: this Co6ver Sheet"Apolication will bemai led by "first classmail,,odtage prepgid, on or about January 31, 2003.
'?,-.
-92' The ifhteiim c6ypensati&n and reimbi._&ement of exp enses sought in'this Applicatibnis on atbount" and~is notfinal. Upoithe'conclusion-of is case, the Firm will seek f~es ind reilhibursement'f thýe bxpenses ircurred fod the totality of the services rehdered inthe case: A Aimiri'n fees or"eimbursement of expense-es approved by thCsOo.urt and received by the Finn (along with the Firm's retainer) will be credited against suchfinal-fees And expenses as may be allowed by this Court.
- 10.
The Firm represents and Waaints that is billing practices comply' with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of theOfie of the United St's Tuee. Nei tl~e.rn nor any-membei's of the Finn has any agreement or understanding of any kind or nature to divide, pay over or share any sLW DE sIBR 2o2 CoVER SHEET APPLiWATION *OR A.OWANE A,.D IPAYMNr 3
Case No. 01-30923 DM
'i.
15830:6331254.1
1 portion of the fees or expenses to boa warded to the Firm with any other person or attorney except 2
as among the members and associates-pf the Firm.
W3 r
WHEREFORE, the,,Firm.respectfully requests that le Debtor pay compensation to the 14
-Firm as requested Ierein pur4tsat,o d ihd iAaccotdanc0 with the teitsof the "SECOND 5
AMENDED ORDER ESTABLISHING INTERIM-FEE APPLICATION AND EXPENSE 6
REIMBURSEMENT PROCEDURE (Revised March, 2002)."
7 Date: January 31, 2003 STEEFEL, LEvIT &WEISS A Professional Corporation 8
ii""
9 10 By:
Mark F41
.*Attorneys for Special Counsel to Debtor and Debtor in Possession, PACIFIC GAS AND ELECTRIC COMPANY 12
- 13.
14 z~
4
- 16.
18 21 9 20 22 23 Ai 2 5
. 4,.
26 27 28 SLW DECEMBER 2002 COVER SHfEETAP*Af.LIATION FOR ALLOWANCE AND PAYMENT 4
Case No. 01-30923 DM[
15830:6331254.1
- 1.
PROOFOF SERVICE 2
I, Anne Ogonowski, declard as follobws:- -
.":3 I am employed iin tie City and County'6o San Ftnco, Ihfrnlaver the age eigteen years, and not a pary to.the within pause. My business address is STEEFEL, LEVHT 4
& WEISS, One Emfibarcadero Center; 3, i
i0Floor, Sn Francisco, Califonfiia'9411. On' 5
January. 31, 2003, I eed the.within 6
STEEFEL, LEVITT &!,WEISS.S COVER-SHEET APPLICkTION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF 7
EXPENSES FOR VIE PERIOD DECEMBER 1-31, 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 $chaffer, Esq.
Robert Jay Moore, Esq.
Janet A. Nexon, Esq.
Milbank, Tweed, Hadley & McCloy LLP
- 11.
William J. Laffertyt Esq.
601 S. Figueroa Street, 30th Floor Howard, Rice; Nemerovski, Canady, Los Angeles, CA 90017 12 Falk & Rabkin, a P.C.
Three Embarcadero Center, 7th Floor Patricia Martin, Esq.
13 San Francisco, CA 94111-4065 Office of the United States Trustee 250 Montgomery Street, Suite 1000 14 San Francisco, CA 94104-3401 15 BY OVERNIGHT MAIL: By placing such envelope, for collection and mailifig at Steefel, Levitt & Weiss, San Francisco, California following ordinary business practice. I am 16 readily familiar with the practice of Steefel, Levitt & Weiss for collection and processing of overnight service mailings, said practice being that in the ordinary course of business, 17 correspondence is deposited with the overnight messenger service Federal Express for delivery as addressed.
18 and by serving all parties on the Special Notice List (as of January 29, 2003), by placing a true 19 copy of the Cover Sheet Application, without Exhibit 1, in a sealed envelope, addressed to all 20 parties on said Special Notice List, found at:
ht.p ://www.canb.uscourts.gov/canbfDocuments.nsf/4fa6cc9d77741519882569e5OOO4a*ce6/2cb9 cc414857666088256a37005a57daf$FILE/._Oa13ichajal76ut2cedqO-.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 courseof business, correspondence is deposited in the United States Postal Service the same day.s it is 26 placed for collection.
27 28 C
PR0&Ol SE0ce:1
~
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.
2 Executed on January 31, 2003, at San Francisco, California.
3 4
(..
5 Aiffie Ogonowski 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE - 2