ML030630634

Skadden, Arps, Slate, Meagher & Flom Llp'S Cover Sheet Application for Allowance & Payment of Interim Compensation & Reimbursement of Expenses for Period January 1, 2003 Through January 31, 2003

ML030630634
Person / Time
Site:	Diablo Canyon
Issue date:	02/26/2003
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: ML030630634 (6)

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 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 Inre )) Case No. 01-30923-DM 12 PACIFIC GAS AND ELECTRIC COMPANY,) Chapter 11 Case a California corporation, 13 Debtor. ) [No Hearing Scheduled]

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Federal I.D. No. 94-0742640 )

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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 JANUARY 1, 2003 THROUGH JANUARY 31, 2003 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 January 1, 2003 through January 31, 2003 (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 FOR ALLOWANCE SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION PERIOD 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE JANUARY 1, 2003 THROUGH JANUARY 31, 2003 ý..,* r%

1 compensation for services rendered and reimbursement of expenses incurred during the 2 Application Period.

3 2. The Firm billed a total of $99,513.40 in fees and expenkes during the 4 Application Period. The total fees represent 303.30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br /> expended during the period covered by 5 this Application. These fees and expenses break down as follows:

6 7 Period Fees Expenses Total 8 January 1, 2003 $97,122.50 $2,390.90 $99,513.40 through January 31, 9 2003 10

3. Accordingly, the Firm seeks allowance of interim compensation in the 11 12 total amount of $84,945.03 at this time. This total is comprised as follows: $82,554.13 (85% of 13 the fees for services rendered)1 plus $2,390.90 (100% of the expenses incurred).

4. For the post-petition period, the Finn has been paid to date as follows:

14 15 Application Period Amount Applied For Description Total April 6 2001 through $ 412,199.69 100% of fees and $384,116.822 16 July 31, 2001 100% of expenses 17 $ 232,904.35 85% of fees and $211,716.95 August 1, 2001 through August 31, 100% of expenses 18 2001 19 September 1, 2001 $182,393.51 85% of fees and $182,363.51 through September 100% of expenses 20 30, 2001 21 October 1, 2001 $351,118.17 85% of fees and $351,118.17 through October 31, $100% of expenses 22 2001 _ 1 1 23 24 25 I Payment of this amount would result in a "holdback" of $14,568.37.

26 2 This amount represents the amount allowed from the Firm's first interim fee application, after reduction for certain time and disbursements.

27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOVANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD JANUARY 1, 2003 THROUGH JANUARY 31,2003 1 $327,076.56 85% of fees and $327,076.56 November 1, 2001 through November 100% of expenses 2 30, 2001 3 December 1, 2001 $49,443.48 85% of fees and $49,443.48 through December 100% of expenses 4 31, 2001 5 August 1, 2001 Amounts outstanding $137,056.57 through November from cover sheet fee 6 30, 2001 applications less certain reductions 7 from Second Interim Fee Application 8 $104,031.40 January 1, 2002 $104,031.40 85% of fees and 9 through January 31, 100% of expenses 2002 10 $159,990.72 85% of fees and $159,990.72 February 1, 2002 through February 28, 100% of expenses 11 2002 12 March 1, 2002 $89,507.42 85% of fees and $89,507.42 through March 31, 100% of expenses 13 2002 14 April 1, 2002 through $111,659.93 85% of fees and $111,659.93 April 30, 2002 100% of expenses 15 $52,271.96 December 1,2001 Amounts outstanding 16 through March 31, from cover sheet fee 2002 applications less certain reductions 17 from Third Interim Fee Application 18 May 1, 2002 through $90,110.23 85% of fees and $90,110.23 19 100% of expenses May 31, 2002 20 June 1, 2002 through $28,872.94 85% of fees and $28,872.94 June 30, 2002 100% of expenses 21 July 1, 2002 through $77,733.11 85% of fees and $77,733.11 22 July 31, 2002 100% of expenses August 1, 2002 $131,944.96 85% of fees and $131,944.96 23 through August 31, 100% of expenses 24 2002 September 1, 2002 $72,743.14 85% of fees and $72,743.14 25 100% of expenses through September 30, 2002 26 27 FOR ALLOWANCE SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD JANUARY 1, 2003 THROUGH JANUARY 31, 2003

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1 April 1, 2002 through $45,556.86 Amounts outstanding $45,556.86 July 31, 2002 from cover sheet fee 2 applications less voluntary reductions 3 from Fourth Interim Fee Application 4

October 1, 2002 $94,196.22 85% of fees and $94,196.22 5 through October 31, 100% of expenses 2002 6

November 1, 2002 $65,243.71 85% of fees and $65,243.71 7 through November 100% of expenses 30, 2002 8 $121,562.85 December 1, 2002 $121,562.85 85% of fees and 9 through December 100% of expenses 31, 2002 1_1_1 10

5. To date, the Firm is owed as follows (excluding amounts owed under this 11 Application):

12 13 Period Fees Description 14 Fourteenth (August 1, 2002 $22,755.67 15% fee holdback 15 through August 31, 2002) 16 Fifteenth (September 1, 2002 $12,739.72 15% fee holdback through September 30, 2002) 17 15% fee holdback Sixteenth (October 1, 2002 $15,644.47 18 through October 31, 2002)

Seventeenth (November 1, $10,102.05 15% fee holdback 19 2002 through November 30, 2002) 20 Eighteenth (December 1, $20,284.87 15% fee holdback 21 2002 through December 31, 2002) 22 Total Owed to Firm to Date $81,526.78 23

6. With regard to the copies of this Application served on counsel for the 24 Committee, counsel for the Debtor and the Office of the United States Trustee, attached as 25 Exhibit I hereto is the name of each professional who performed services in connection with this 26 case during the period covered by this Application and the hourly rate for each such professional; 27 FOR ALLOWANCE SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD JANUARY 1, 2003 THROUGH JANUARY 31, 2003 1 and (b) attached as Exhibit 2 are the detailed time and expense records for the Application Period 2 that comply with all Northern District of California Bankruptcy Local Rules and Compensation 3 Guidelines and the Guidelines of the Office of the United States Trustee.

4 7. The Firm has served a copy of this Application on the Special Notice List 5 in this case.

6 8. In accordance with this Court's "ORDER ESTABLISHING INTERIM was entered 7 FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which 8 on or about July 25, 2001, as subsequently amended, the Debtor is authorized to make the to 9 payment requested herein without a further hearing or order of this Court unless an objection 10 this Application is filed with the Court by the Debtor, the Committee or the United States 11 Trustee and served by the fifteenth day of the month following the service of this Application. If 12 such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 13 objection. The Firm is informed and believes that this Cover Sheet Application was mailed by 14 first class mail, postage prepaid, on or about February 26, 2003.

15 9. The interim compensation and reimbursement of expenses sought in this 16 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 17 fees and reimbursement of the expenses incurred for the totality of the services rendered in this 18 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 19 Firm will be credited against such final fees and expenses as may be allowed by this Court.

20 10. The Firm represents and warrants that its billing practices comply with all 21 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 22 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 23 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 24 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 25 except as among the members and associates of the Firm.

26 27 FOR ALLOWANCE SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD JANUARY 1, 2003 THROUGH JANUARY 31, 2003 H

1 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 2 to the Firm as requested herein in accordance with the terms of the "ORDER ESTABLISHING 3 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."

4 Dated: February 26, 2003 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 5

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10 11 12 13 14 15 16 17 18 19 20 21 22 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 JANUARY 1, 2003 THROUGH JANUARY 31,2003