ML030420196
| ML030420196 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/31/2003 |
| 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 DM, 94-0742640 | |
| Download: ML030420196 (3) | |
Text
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 c* hnciJy*-u In re PACIFIC GAS AND COMPANY, a Califor Del Federal ID No.94-074 COOLEY GODWARD LLP J MICHAEL KELLY (133657)
ROBERT L. EISENBACH (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 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Chapter I I ELECTRIC Case No. 01-30923 DM mia corporation, COOLEY GODWARD LLP'S NINETEENTH COVER btor.
SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 42640.,
REIMBURSEMENT OF EXPENSES FOR TIlE "PERIOD DECEMBER 1, 2002 - DECEMBER 31, 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 December 1, 2002 - December 31, 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:
- 1.
The Firm is Special Counsel to the Debtor. The Firm hereby applies to the Court 697273 vI7dSF COOLEY GODWAtn LLP's NOTICE ytp 171 DOC OF 19T" COVER SHEET APPLICATION I.
CASE NO. 01-30923 DM I,
O3
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 r-m11, oL-au APPLICATION PERIOD AMOUNT APPLIED DESCRIPTION AMOUNT PAID FOR
-"rL 1 11 04/06/01 - 07/3 1/01 (I post-petition
$305,205 04 100% of fees and S305,205 04' interim fee application period) expenses 08/01/01 - 11/30/01 (24 post-petion
$981,483 45 100 % of fees and
$981,483 45 interim fee application period) expenses 12/01/01-03/31/02 (3ý post-petltion
$781,865.23 100 % of fees and
$781,865.23 interim fee application 1eriod) expenses 04/01/02 - 07/31/02 (4 post-petiton 1,123,384 94 I00 % of fees and
$1,121,882494' interim fee application Period) expenses 08/01/02 - 11/30/02 (5-post-petion
$4,005,614 70 100 % of fees and
$2,264,684 02 interim fee application period) expenses
- TOTAL,
$7,197,553.36 S5,455,122.68
- 5.
To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application)"-
APPLICATION PERIOD AMOUNT DESCRIPTION 04/06/01 - 07/3 1/01 (1' post-petition
$-0 interim fee application period) 01/01/01 - 11/30/01 (2d post-pettion
$10.
interim fee applcation perod) 12/01/01 - 03/31/02 (3Yd post-petion 1-0 interim fee application ]enod) 04/01/02 - 07/31/02(4 pont-petitiOn 1.0.
interim fee app"catnon edod) 08/01102 - 11/30/02(5 post-petition
$556,45901 15% of fee holdback COOLEY GODWARD LLP's NOTICE or19" COVER SIEET APPLICATION CASE NO. 01-30923 DM
&11 ýo (a~
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 $1,224,512.37 in fees and expenses during the Application Period. The total fees represent approximately 3,854.60 hours6.944444e-4 days <br />0.0167 hours <br />9.920635e-5 weeks <br />2.283e-5 months <br /> expended during the period covered by this Application. These fees and expenses break down as follows:
PERIOD FEES I
EXPENSES TOTAL I December I to December 31, 2002 1 $978,898 50
$245,613 87
$1224,512 37
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the amount of a total of $1,077,677.60 at this time. This total is comprised as follows. $832,063.73 (85%) of the fees for services rendered' plus $245,613 87 (100% of the expenses incurred)
- 4.
For the post-petition period, the Firm has been paid to date as follows:
Payment of this amount would result in a "holdback" of$ 146,834 77.
All except S29,434 90 was paid from the Firm's prepetition retainer.
The Court's Order reduced the allowed amount by S 1,500 00.
697273 v 7/SF 17i 1
DOC 2.
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
- f~AAVwt AI LAO 697273 vl7/SF
" 17,pl DOC COOLEY GODWARD LLP's NOTICE OF 19" COVER SHEET APPLICATION CASE No. 01330923 DM interim fee applicaon peinod) 11/01/02 - 11/30/02 (November
$1,187,504 66 85% of fees and 100% ofexpenses Cover Sheet Appicanon Penod)
TOTAL:
Si,743,963.67
- 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 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 professional; and (b) attached as Exhibit 2 are the detailed time and expense statements 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.
- 7.
The Firm has served a copy of this Application (without Exhibits) on the Special Notice List in this case
- 8.
Pursuant to this Court's Interim Fee Order the Debtor is authonzed to make the payment requested herein without a further heanng 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 January 31, 2003.
- 9.
The interim compensation and reimbursement of expenses sought m 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.
- 10.
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 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 C~tvOoo.* L.A 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 Firm 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: January j 2003 COOL Y GODWARD LLP By:
J. Michaef'KeIl Special Co sel to Debtor PACIFIC GAS AND ELECTRIC COMPANY 4
697273 Vl/7SF
- yOp17I DOC COOLEY GODWARD LLP's NOTICE OF 19"m COVER SHEET APPLICATION CASE No. 01-30923 DM 3
,r ICooley Godward ATTORNEYS AT LAW One Maritime Plaza 20th Roor San Francisco, CA 94111-3580 "JAN 31'03
-0.3 7 E :
A 7131986 u.s. POSTAG U S Nuclear Regulatory Commission Attn-Document Control Desk Washington, DC 20555-0001 J
4, L~".1 41 oil*"*
r )I ýllf'llltl//tllltl