ML030420196

Cooley Godward Llp'S Nineteenth Cover Sheet Application for Allowance & Payment of Interim Compensation & Reimbursement of Expenses for Period December 1, 2002 - December 31, 2002

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

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

2 ROBERT L. EISENBACH (124896)

GREGG S. KLEINER (141311) 3 2. The Firm billed a total of $1,224,512.37 in fees and expenses during the 3 One Maritime Plaza, 20th Floor San Francisco, CA 94111-3580 4 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 4 Telephone: ' (415) 693-2000 Facsimile: (415) 951-3699 O3 5 period covered by this Application. These fees and expenses break down as follows:

5 Special Counsel to Debtor 6 PERIOD FEES I EXPENSES TOTAL 6 PACIFIC GAS AND ELECTRIC COMPANY 1$978,898 50 $245,613 87 $1224,512 37 I December I to December 31, 2002 7

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- 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 $1,077,677.60 at this time. This total is comprised as follows. $832,063.73 (85%) of the 9

SAN FRANCISCO DIVISION 10 fees for services rendered' plus $245,613 87 (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:

11 In re 12 12 PACIFIC GAS AND ELECTRIC Case No. 01-30923 DM APPLICATION PERIOD AMOUNT APPLIED FOR DESCRIPTION

-"rL 1 11 AMOUNT PAID COMPANY, a Califormia corporation, 13 $305,205 04 100% of fees and S305,205 04' 13 COOLEY GODWARD LLP'S NINETEENTH COVER 04/06/01 - 07/3 1/01 (I post-petition expenses Delbtor. SHEET APPLICATION FOR ALLOWANCE AND 14 interim fee application period)

PAYMENT OF INTERIM COMPENSATION AND 11/30/01 (24 post-petion $981,483 45 100 % of fees and $981,483 45 14 -, 08/01/01 -

application period) expenses Federal ID No. 94-07442640., REIMBURSEMENT OF EXPENSES FOR TIlE 15 interim fee 15 "PERIOD DECEMBER 1,2002 - DECEMBER 31, 12/01/01-03/31/02 (3ý post-petltion $781,865.23 100 % of fees and expenses

$781,865.23 2002 interim fee application 1eriod) 16 1,123,384 94 I00 % of fees and $1,121,882494' 16 04/01/02 - 07/31/02 (4 post-petiton

[No Hearing Scheduled] expenses 17 interim fee application Period)

$4,005,614 70 100 % of fees and $2,264,684 02 17 08/01/02 - 11/30/02 (5- post-petion expenses interim fee application period) 18 S5,455,122.68 18 Cooley Godward LLP (the "Firm") submits this Eighteenth Cover Sheet Application (the TOTAL, $7,197,553.36 19 19 "Application") for 'Allowance and Payment of Interim Compensation and Reimbursement of 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to this 20 Application)"-

• 20 Expenses for the Period December 1,2002 - December 31, 2002 (the "Application Period").

21 This Application is made pursuant to the Order Establishing Interim Fee Application and APPLICATION PERIOD AMOUNT . DESCRIPTION 21 04/06/01 - 07/3 1/01 (1' post-petition $-0 22 interim fee application period) 22 Expense Reimbursement Procedure that was entered on or about June 26, 2002, as amended 01/01/01 - 11/30/01 (2dpost-pettion $10.

23 interim fee applcation perod) 23 November 8, 2002, and amended again as of March 18, 2002 ("Interim Fee Order"). Paragraph 4 12/01/01 - 03/31/02 (3Yd post-petion 1-0 24 interim fee application ]enod) 24 of the Interim Fee Order contemplates that Pacific Gas and Electric Company (the "Debtor") shall 1.0.

04/01/02 - 07/31/02(4 pont-petitiOn 25 interim fee app"catnon edod) 25 pay a portion of its professionals undisputed fees and all costs after the fifteenth day of the month $556,45901 15% of fee holdback 08/01102 - 11/30/02(5 post-petition 26 26 following the filing and service of the Application ("Interim Compensation") Payment of this amount would result in a "holdback" of$ 146,834 77.

27 All except S29,434 90 was paid from the Firm's prepetition retainer.

27 In support of this Application, the Firm respectfully represents as follows:

28 The Court's Order reduced the allowed amount by S1,500 00.

28 1. The Firm is Special Counsel to the Debtor. The Firm hereby applies to the Court r-m11, oL-au 697273v 7/SF COOLEY GODWARD LLP's NOTICE c* hnciJy*-u 697273 vI7dSF COOLEY GODWAtn LLP's NOTICE " DOC 1

17i 2. or19" COVER SIEET APPLICATION ytp 171DOC OF 19T"COVER SHEET APPLICATION CASE NO. 01-30923 DM I. CASE NO. 01-30923 DM (a~

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1 agreement or understanding of any kind or nature to divide, pay over or share any portion of the interim fee applicaon peinod) except as among the 11/01/02 - 11/30/02 (November $1,187,504 66 85% of fees and 100% ofexpenses 2 fees or expenses to be awarded to the Firm with any other person or attorney 2 Cover Sheet Appicanon Penod)

TOTAL: Si,743,963.67 3 members and associates of the Firm.

3 to the Firm

6. With regard to the copies of this Application served on counsel for the Committee, 4 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 4

counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit I hereto is 5 as required herein pursuant to and in accordance with the terms of the Interim Fee Order.

5 the the name of each professional who performed services in connection with this case during 6 Dated: January j 2003 COOL Y GODWARD LLP 6 (b) attached period covered by this Application and the hourly rate for each such professional; and 7 7 Period that comply By:

as Exhibit 2 are the detailed time and expense statements for the Application 8 J. Michaef'KeIl 8 Guidelines and with all Northern District of California Bankruptcy Local Rules and Compensation 9 Special Co sel to Debtor 9 PACIFIC GAS AND ELECTRIC COMPANY the Guidelines of the Office of the United States Trustee. 10 10 the Special

7. The Firm has served a copy of this Application (without Exhibits) on 11 11 Notice List in this case 12 12 to make the

8. Pursuant to this Court's Interim Fee Order the Debtor is authonzed 13 13 unless an objection to payment requested herein without a further heanng or order of this Court 14 14 United States Trustee this Application is filed with the Court by the Debtor, the Committee or the 15 15 of this Application. If such and served by the Eighteenth day of the month following the service 16 16 to the objection.

an objection is filed, Debtor is authorized to pay the amounts, if any, not subject 17 17 first class mail, postage The Firm is informed and believes that this Application was mailed by 18 18 prepaid, on or about January 31, 2003. 19 19 m this

9. The interim compensation and reimbursement of expenses sought 20 20 the Firm will seek Application is on account and is not final Upon the conclusion of these cases, 21 21 services rendered in the fees and reimbursement of the expenses incurred for the totality of the 22 22 and received by the case. Any interim fees or reimbursement of expenses approved by this Court 23 23 fees and expenses as may Firm (along with the Firm's retainer) will be credited against such final 24 24 be allowed by this Court. 25 25

10. The Firm represents and warrants that its billing practices comply with all Northern 26 26 of District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines 27 27 of the Firm has any the Office of the United States Trustee. Neither the Firm nor any members 28 28 C~tvOoo.* L.A 697273 Vl/7SF 697273 vl7/SF COOLEY GODWARD LLP's NOTICE COOLEY OF GODWARD 19"mCOVER SHEETLLP's NOTICE APPLICATION OF 19" COVER SHEET APPLICATION AILAO

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" 17,plDOC 3 CASE No. 01330923 DM

1. yOp17I DOC CASE No. 01-30923 DM 4

,r ICooley Godward ATTORNEYS AT LAW One Maritime Plaza 20th Roor San Francisco, CA 94111-3580 "JAN 31'03 -0.3 7E :

A 7131986 u.s. POSTAG U S Nuclear Regulatory Commission Attn- Document Control Desk Washington, DC 20555-0001

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