ML030640659
| ML030640659 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 02/26/2003 |
| 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: ML030640659 (6) | |
Text
1 MARK FOGELMAN (State Bar No. 50510)
HARVEY L. LEIDERMAN (State Bar No. 55838) 2 STEEFEL, LEVITT & WEISS A Professional Corporation 3 One Embarcadero Center, 30th Floor San Francisco, California 94111 4 Telephone: (415) 788-0900 Facsimile: (415) 788-2019 5
Special Counsel to Debtor and Debtor in Possession, 6 PACIFIC GAS AND ELECTRIC COMPANY 7
8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 In Re: Case No. 01-3092'3 DM 12 PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a California corporation, 13 14 Debtor and Debtor in Possession. Hearing: Not set Federal I.D. No. 94-0742640 15 16 STEEFEL, LEVIT & WEISS'S COVER SHEET APPLICATION 17t FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD JANUARY 1-31, 2003 18 19 Steefel, Levitt & Weiss (the "Firm") respectfully submits its Cover Sheet Application (the 20 "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 21 Expenses for the Period January 1-31, 2003 (the "Application Period"). In support of the 22 Application, the Firm respectfully represents as follows:
23 1. The Firm is Special Counsel to the debtor and debtor-in-possession in the above 24 referenced bankruptcy case (the "Debtor"). The Firm hereby applies to the Court for allowance 25 and payment of interim compensation for services rendered and reimbursement of expenses 26 incurred during the Application Period.
27 2. The Firm billed a total of $58,855.53 in fees and expenses during the Application 28 SLW DECEMBER 2002 COVER SHEET APPLICATI01 FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830 6335296 1
1 Period..The total fees represent1 89.78 hour-- expendedlduig th6 A__p-l-Atiofi Period. These 2 fees and expenses break do'wh as tol6OWs: ,. I,_-- ..
3 - Period_ -. . FeesjwI .. Ixpenses '- ' Total' 4 January 1-31, 2003_ $57,040.40-- 'L,-$,815.13 ': ,, '. $58,855.53
'5 3. Accrdinigly, the Firmiseeksalih6vanceof'intenim 66mpensation in the total 6 amount'of $50,299.47 at this'time') This totaI is -ornprtsed as follows: $48,484.34 (85% of the 7 "feesf6r sdrvices'rerider6d)2 plus $1,815.13,(10%bof the expensesrincurred).
'* 8 4." For Applicant's'Fourth IntefimCorflpenstionPeriod and the first month of its 9 'Fifth Interim 'C6mpenstion Period; the Ffriinihs beeri'paid to date as follows:
Application Period Amount Applied For - . . Description - Amount Paid Aug. 1-31, 2002 $78,001.96 85% of fees ind' 100/i.d Expenses 78,001.96 12 Sept. 1-30, 2002 ' 58,778.41 ' 85%offe6snd 100% of Expenses 58,778.41 13 Oct. 1-31, 2002 70,245.223 85% of fees and 100% of Expanses 69,682.72 14 Nov. 1-30, 2002 46,055.'67 85% of fees and 100% of Expenses 46,055.67 Dec. 1'-31 2002 42,732.11 185% offe'esand 100% of Expe'rses--' -42,732.11 15 D... 2'2 4 "3 ' an 1 16 ToTAL - $295;813.37 -. $295,250.87 1'/'
"18 S5. B dsed on it&Cover Sheet Applicatiofns filed in this proceeding, todate, the Firm is 19 owed the following furnds held'back (excluding amounts owed pursuant to this Application):
20 Application Period -Arnount - : Description "21 -15% -feeholdback and/or portion of fees objected to 14th (Aug. 1-31, 20o2) $13,239.21-,
22 15th (Sept. 1-30, 2002),'ý', 9,881.69 15%, fee holdback *td/or portion of fees objected to 23 16'h (Oc&t. 1-31, 2002) ' `.r1Z,140.50 4 15% fee holdback and/or portion of fees objected to 2'4 ______
_____ ______ ___ ,- ',, I. ;.- .
, In matter 16774, Invoice number 164624, 15.10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> were expended in December 2002. However, fees for these 25 hiois ar6 being billed in this period f6b the firit timed, ,'. , .... .
2 Payment of this amount would result in a "holdback" of $8,556.06 26 SThis number has been changed from that in the October 2002 Cover Sheet Application to reflect a computational error of $562.50- .. t., -: . ,,,
27 4 The indicated holdback for Oct. 1-31, 2002, includes the corfiputatibnal error of $562.50 in Applicant's October 28 (conitinued...)
SLW JANUARY 2003 COVER SHEET'APPLICATION FOR ALLOWANCE AND PAYMENT 2 Case No. 01-30923 DM -T 15830 6335296.1
1 - ApplichtlonPeriod" "'-Amount:,,r -. ',i . -. 'Description 2 17th (Nov. 1-30, 2002), 7,431.00 1. fee holdback and/orportion offeef objected to 3 18th-(Dec. 1-31, 2002) -,.
7;200:18 5% fee -holdback-and/or portion of-fees objected to
.4. "' TOTAL OWED' ;."- - ---, -$
9 92-----5 ----
.$49,02.5-i,q-
.;t 5 S -,6:",With regard, trQthe 9.91*q,.,qf thi's Appligationseryed on counsel for the Committee,
6 .he ULnited States 'Trustee,,attached as Exhibit I hereto is counsel for the Debtor,anrd thtq .ffic 7 the name of each professional'-whp , rfqnped-seryices in go/nectinit,,w !h this case. du 1.ng the 8 period covered by this'Applcqttjo,#nhqyrly rate fQr~each such professional, and the detailed 9 time and -expense statements fqrthe Appliation Period-that compiyitý,all Northern bistrict of California Bankruptcy ILocal Rules and-Compensation Guidelines and the Guidelines df the
-11 Office of the United States Trustee.., i - "-'- - -
17., The F~um has. serve~a~copy* of this Application (without Exhibit 1) on tfierSpecial
, 12 13 Notice List in this case., , -- .
14 8. -Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 15 - - . FEE APPLICATION INTERIM - _' ° _.L AJqD,
. ::Y EXPENSE L .. REIMBURSEMPENTPROCEDURE
-' _ _.- '2' _ ' * (Revised 16 March, 2002)" which was entered on or about March 18, 2002, the Debtor is authorized to make 17 the payment requested herein without a further hearing or order of this Court unless an objection 18 -,1to'thi§Application isfiled with the. Coarthby the;Debtor' the Cowmmittee or the United States 19 - Trugtee ýind servedbythe fifteenthday of the mQonth followjng the-service of this Application. If
- - 20 such anobjection is filed, Debtor is authorized topay the amounts, if any, not subject to the
-21 objection. TheFirm is-informed and believes that this Cover Sheet A ppiication will be mailed by
".22 firsticlass mail,,postage prepaid, on oriabout Feb ary 26, 2003. -. - "
23 * =-' 9. -,The interim compensation and reimbursement of expenses sought i 1 this 24 Application is on account and is not final. Upon' the, conclusion of this case, the,*:*q'Firm ývill seek
, " .. - " , . .,', ,- U ; " " ,' . "
25 fees and reimbursement of the expenses incurred f6rTthetotality of the sericesg,e;rdered in the
- 1* * .'s'fi 26
(. 6.on tin u e d) " , . _-.
, v" .. .
27 2002 Cover Sheet Application which was identified and corrected in Applicant's November 2002 Cover Sheet
- Application; filed herein on December 27, 2002. ,
28,,
PAYMENT 3 SLW Case No. JANUARY DMCOVER SHEET APFLICATION FOR ALLOWANCE AND 01-309232003 15830.6335296 1
1 case. Any interim fees orreimbuiseinentbf bxpenses approved by this Court and received by the 2 Firm (along with the Firm's retainer) will bb*;radited,.agaitfstsuch.final fees and expenses as may 3 be allowed by this Court.--,- ": " , "J - wta 4 4 '10.J-TheJirm
- 10. represents re rse
. t dr.-w a.. iand*a',nts "r that.it
"' -. billng practices comply,, with all 5 Northern District of California Bankruptcy Lo6Xfkules iand Co-mpeinsation Guidelines "and the 6 Guidelinesof the Office of th' "i . . - the Firm n6r any members of the 7 Firm has any agreement or und~rsltandiA'g'df Adýr kitid'6iiit-ure- to dh@depay over or share any
- s8 `6rtio'n of the fees 6of expehses to be aWii ddi.oqh Fifiiývith ahyother person or attorney except 9 as among the members and associates of the Firm.
10' WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 11 Firm as ifquested herein pursuant to and in accordance with the temis of the,"'SECOND 12 AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE 13 REIMBURSEMENT PROCEDURE (Revised March; 2002).'-' " "
14 Date:° February 26,-2003 STEEFEL, LEVITT & WEISS A Professional Corporation 16 " '. '* ". ...
- C"," .... " I: ' '.C .. , ' *', -, ['* "
17t -" " T
"' "":' r'". ' Mark Fogel'an' 18 - Attorneys for Special Consieieb Debtor and
, Debtor in Possession, PACIFIC GAS AND
. -ELECTRIC'COMPANY -;' "
19.%
20 22 *, ~ "-
23 25' ° " : ' J .' ' , , '~,, .iol*,,',. ) -,,!. , ' . *., 2. K.
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26 . . .. ' "* -
27' 28 SLW JANUARY 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 4 Case No. 01-30923 DM 15830 6335296.1 -- -'
1 ""- pil t,-iPROOF OFSERVICE 2 -I, Anne Og6nowstld4ectae6'as'follbws: ,: ' I j.. ,2 3 I am employed in the City and County of San Francisob,jCalifornia, ovei:the age of eighteen years, and not a.party to the within cause.San My business address is STEEFEL, LEVITT
& ISS )O b Fr'anhdisc, C;hifornia' 94111. On, 5- February 27, 2003,1 servedthe~within: * .-. ,-.,,* - , .
6 STEEFEL*-LEVITT,&,*FEISS!S COV;ERSHIEETIAPPLICATIONYOR ALLOWANCE AND PAYMENT OF IN'TERIM COMPENSATION AND REIMBURSEMENT OF.
7 EXPENSES FOR THE PERIOD jfjNUARY 1-31, 2003., ,
on the interested parties in this,actiopyp~lacing a true copy thereof, along with the appropriate Exhibits, in a sealed envelope, addressed as follows:
James L. Lopes, Esq. Paul S. Aronzon, Esq.
10 *JeffreyL. Schaffer, Esq. ,; :- , -, Robert Jay Moore, Esq.!
Janet A. Nexon, Esq. Milbank, Tweed; Hadley & McCloy LLP 11 William J. Lafferty,,Esq. .- ,; .. ,; , 601 -S. Figueroa Street, -30thfloor i Howard, Rice, Nemerovski, Canady, Los Angeles, CA 90017 12 ,Falk&Rabkin,d-P.C. , ' i. I: L'- /* . ,-. '.
Three Embarcadero Center, 7th Floor Patricia Martin, Esq.
13 San Francisco, CA 94111-4065 Office of the United States Trustee 250 Montgomery Street, Spite 1000 14 , , - - _ San Francisco, CA 94104-3401*
15 , BY OVERNIGHT MAIL: By placing such envelope, for collection and mailing at Steefel,'Levitt & Weiss, San F&cisco, California following ordinary business practice. I am
- 16' readily faiiiliar 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 -orrespondeficeis-deprosited with the overnight messenger service Federal Express for 8etivery
'- ddrssed..-
sa . -,
and by se'rving, ll 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 at:
20 parties on said Special Notice List, found 21 http://www.canb. uscourts.govcanb/Do cuments.nsf/4fa6cc9d77741519882569e50004dce612cb9 cc414857666088256a37005a57da/$FILE/_Oal3ichaja1 76ut2cedqO-.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 fqllowing 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 course of business, correspondence is deposited in the United States Postal Service the same dayas it is 26 placed for collection.
27 28
"-, - . '- 'PROOF OF SERVICE - 1- '
15830.6335296.1
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 February 27, 2003, at San Francisco, California.
3 4
Ann'e'Ogonowski 5
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 15830.6335296.1