ML030650913
| ML030650913 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 02/28/2003 |
| From: | Schaffer J Howard, Rice, Nemerovski, Canady, Falk & Rabkin, 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: ML030650913 (7) | |
Text
I JAMES L. LOPES (No. 63678)
JEFFREY L. SCHAFFER (No. 91404) 2 WILLIAM J. LAFFERTY (No. 120814)
HOWARD, RICE, NEMEROVSKI, CANADY, 3
FALK & RABKIN A Professional Corporation 4
Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 5
Telephone:
415/434-1600 Facsimile:
415/217-5910 6
Attorneys for Debtor and Debtor in Possession 7
PACIFIC GAS AND ELECTRIC COMPANY 8
UNITED STATES BANKRUPTCY COURT 9
NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 In re Case No. 01-30923 DM 13 PACIFIC GAS AND ELECTRIC Chapter 11 Case
, RKE COMPANY, a California corporation, Cm..Ar' 14
&A Debtor.
[NO HEARING REQUESTED]
- .,.. 15 16 Federal I.D. No. 94-0742640 17 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION 18 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR JANUARY, 2003 19 20 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its 21 Cover Sheet Application (the "Application") for Allowance and Payment of Interim 22 Compensation and Reimbursement of Expenses for the Period January 1, 2003 through 23 January 31, 2003 (the "Application Period"). In support of the Application, the Firm 24 respectfully represents as follows:
25
- 1.
The Firm is counsel to Pacific Gas and Electric Company, the debtor and 26 debtor-in-possession -in the above-referenced bankruptcy case (the "Debtor"). The Firm 27 hereby applies to the Court for allowance and payment of iriterim compensation for services 28 rendered and reimbursement of expenses incurred during the Application Period.
I 4
W,Ž2i~l W41',
- 2.
The Firm billed a total of $1,602,524.44 in fees and expenses during the Application Period. The total fees represent 5,401.3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> expended during the Application Period. These fees and expenses break down as follows:
4 5
6 7
8 9
10 11 12 HOWARD 13 RIM NFkI 14 BLK
- RANION 15 16 17 18 19 20 21 22 Period Fees Expenses Total January, 2003
$1,477,144.00
$125,380.44
$1,602,524.44
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $1,380,952.84 at this time. This total is comprised as follows: $1,255,572.40 (85% of the fees for services rendered)' plus $125,380.44 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:
Application Period Amount Applied For Description Amount Paid April 6, 2001 through 100% of fees and 2
July 31, 2001 (1st
$4,646,476.74 expenses
$4,238,886.77 post-petition interim fee application period)
August 1, 2001
$3,921,628.38 100% of fees and
$3,921,528.383 through November expenses 30, 2001 (2nd post petition interim fee application period)
December 1, 2001
$4,253,813.78 100% of fees and
$4,238,243.764 through March 31, expenses 2002 (3rd post petition interim fee application period)
'Payment of this amount would result in a "holdback" of $221,571.60.
2The Firm found certain charges that did not comply with the Guidelines, in the amount of $24,035.37, were inadvertently included in applicant's Cover Sheet Application for July, 2001 as described in its First Interim Application previously filed. The Firm has credited this amount appropriately. Additionally, the Firm had written off an additional
$114.00 in fees.
3The Firm had written off an additional $100.00 in fees.
4The Firm had written off an additional $15,570.02 in fees. 1 2
3 23 24 25 26 27 28
1 2
3 4
5 6
7 8
9 10 11 12 HOWARD 13 RKE EwI 14
&RAMN A,*,..
15 16 17 18 19 20 21 22 23 24 25 26 27 28 Application Period Amount Applied For Description Amount Paid April 1, 2002 through
$5,520,001.30 100% of fees and
$5,520,001.30 July 31, 2002 (4th expenses post-petition interim fee application period)
August 1, 2002 100% of fees and through November
$7,679,231.32 expenses
$7,679,231.32 30, 2002 (5th post petition interim fee application period) 85% of fees and December, 2002
$ 1,252,648.83 100% of expenses
$ 1,252,648.83 Total Paid to the
$27,273,800.35
$26,850,540.36 Firm to Date
- 5.
To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
Application Period Amount Description Dec. 1 -Dec. 31, 2002
$ 202,013.25 15% fee holdback Total Owed to Firm to Date
$ 202,013.25
- 6.
With regard to the copies of this Application served on counsel for the Official Committee of Unsecured Creditors (the "Committee"), 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 Application Period and the hourly rate for each such professional; and attached as Exhibit 2 is an Account Summary. 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 have been submitted in electronic form to the Office of the United States Trustee and mailed to counsel for the Committee and to the Debtor.
1
- 7.
The Firm is serving a copy of this Application (without Exhibits) on the 2
Special Notice List in this case.
3
- 8.
Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 4
INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE 5
(Revised March, 2002)" (the "Amended Order"), the Debtor is authorized to make the 6
payment requested herein without a further hearing or order of this Court, unless an 7
objection to this Application is filed with the Court by the Debtor, the Committee or the 8
United States Trustee and served by the fifteenth day of the month following the service of 9
this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if 10 any, not subject to the objection. The Firm is informed and believes that this Cover Sheet 11 Application was mailed by first class mail, postage prepaid, on or about February 28, 2003.
12
- 9.
The interim compensation and reimbursement of expenses sought in this 13 Application is on account and is not final. Upon the conclusion of this case, the Firm will WAw 14 seek fees and reimbursement of the expenses incurred for the totality of the services C. 15 rendered in the case. Any interim fees or reimbursement of expenses approved by this Court 16 and received by the Firm (along with the Firm's retainer) will be credited against such final 17 fees and expenses as may be allowed by this Court.
18
- 10.
The Firm represents and warrants that its billing practices comply with all 19 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 20 the Guidelines of the Office of the United States Trustee.5 Neither the Firm nor any 21 members of the Firm has any agreement or understanding of any kind or nature to divide, 22 pay over or share any portion of the fees or expenses to be awarded to the Firm with any 23 other person or attorney except as among the members and associates of the Firm.
24 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 25 5As the Firm has informed the Office of the United States Trustee and the Committee, 26 the facsimile and certain computerized research charges sought by Applicant deviate slightly from the Court's Guidelines. The Firm intends to provide a full explanation of such 27 deviation and a request for payment of such charges in its next interim fee application to the 28 Court in this case.
1 to the Firm as requested herein pursuant to and in accordance with the terms of the Amended 2
Order.
3 DATED: February 28, 2003 HOWARD, RICE, NEMEROVSKI, CANADY, 4
FALK & RABKIN 5
A Professional Corporation By:
2 L.
7
- F*"
L.SCHAFPR 8
Attornes or D or and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 9
10 11 12 HOVAR 13 cANtV 14 NUK
- PABKIN AP.i-,d Q 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1
PROOF OF SERVICE BY FEDERAL EXPRESS 2
I am employed in the City and County of San Francisco, State of California. I am over 3
the age of eighteen (18) years and not a party to the within action; my business address is 4
Three Embarcadero Center, 7th Floor, San Francisco, California 94111-4065.
5 I am readily familiar with the practice for collection and processing of documents for 6
delivery by overnight service by Federal Express of Howard, Rice, Nemerovski, Canady, 7
Falk & Rabkin, A Professional Corporation, and that practice is that the document(s) are 8
deposited with a regularly maintained Federal Express facility in an envelope or package 9
designated by Federal Express fully prepaid the same day as the day of collection in the 10 ordinary course of business.
11 On February 28, 2003, I served the following document(s) described as HOWARD, 12 RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION HCWAM 13 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND m
14 REIMBURSEMENT OF EXPENSES FOR JANUARY, 2003 on the persons listed below E4JK 15 by placing the document(s) for deposit with Federal Express through the regular collection 16 process at the law offices of Howard, Rice, Nemerovski, Canady, Falk & Rabkin, A 17 Professional Corporation, located at Three Embarcadero Center, 7th Floor, San Francisco, 18 California, to be served by overnight Federal Express delivery addressed as follows:
19 Paul Aronzon, Esq.
20 Milbank, Tweed, Hadley & McCloy 601 South Figueroa Street 21 Los Angeles, CA 90017 22 I declare under penalty of perjury that the foregoing is true and correct. Executed at 23 San Francisco, California on February 28, 2003.
24 25 26 anet S.
ows'o 27 28 PROOF OF SERVICE WD 073101/1-1419903/42/935042/vl 1
PROOF OF SERVICE BY HAND 2
I am employed in the City and County of San Francisco, State of California. I am over 3
the age of eighteen (18) years and not a party to the within action; my business address is 4
Three Embarcadero Center, 7th Floor, San Francisco, California 94111-4065.
5 On February 28, 2003, I served the following document(s) described as HOWARD, 6
RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION 7
FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 8
REIMBURSEMENT OF EXPENSES FOR JANUARY, 2003 on the parties listed below by 9
causing it to be delivered by hand to:
10 Patricia Cutler 11 Office of the U. S. Trustee 250 Montgomery Street, Suite 1000 12 San Francisco, CA 94104 HOVM 13 I declare under penalty of perjury that the foregoing is true and correct. Executed at
""14 San Francisco, California on February 28, 2003.
RILK
-f~i. 15 16 17 Janet S. Maslow 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE WD 0 73101/1-1 419903/42/935039/vl