ML030660441

Cooley Godward Llps Twentieth Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period January 1, 2003 - January 31, 2003

ML030660441
Person / Time
Site:	Diablo Canyon
Issue date:	02/28/2003
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: ML030660441 (3)

Text

COOLEY GODWARD LLP -

J. MICHAEL KELLY (133657)

MARTIN S. SCHENKER (109828)

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

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APPLICATION PERIOD AMOUNT APPLIED DESCRIPTION -

AOUNT PAID FOR 04/06/01 -07/31/01 (I. post-petition

$305,205 04 100% of fees and

$305,205 04' interim fee application penod) expenses I

08/0 1/01 - 11/30/01 (2-post-petition

$981,48345 100%offeesand,

$981,48345 interim fee application period) expenses' 12/01/01 - 03/31/02 (3" post-petiton

$781,865.23 100% of fees and

$711,86523 interim fee application perlod) expenses 04/01/02 - 07/31/02 (4-post-petition

$1,123,38494 100%offees and.

$1,121,884 94 inte-m fee application Lenod) expenses 08/01/02 - 11/30/02 (5-post-petition

$4,005,614.70 100% of fees and,

$3,452,188 72 interim fee application period) expenses 12./01/02 -12/31/02 (December

$1,077,677 60 85% of fees and 100%

$1,077,67762 cover sheet application period) ofexpenses TOTAL:

$8,275,230 96 S7,720,305 00 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Inre i,

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Chapter II PACIFIC GAS AND ELECTRIC -

Case No 01-30923 DM COMPANY, a Califomria corporation, COOLEY GODWARD LLP'S TWENTIETH COVER Debtor.

SHEET APPLICATION FOR ALLOWANCE AND S.

.PAYMENT OF INTERIM COMPENSATION AND Federal ID No 94-0742640,

REIMBURSEMENT OF EXPENSES FOR TIE

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PERIOD JANUARY 1, 2003-JANUARY 31, 2003

[No Hearing Scheduled]

Cooley Godvhard L:LP (the "Firm") submits this Eighteenth Cover Sheet Application (the "Application") for,*llowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period January 1, 2003 - January 31, 2003 (the "Application Period')

This Application" is mnade plursuant 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 ("Intenm 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 vtISF,

5. i COOLEY GODWARD LLP's NOTICE 1yOP1SI DOC OF20"' COVER SIEETAPPLICATI ON CAsENO 01.30923 DM APPLICATION PERIOD AMOUNT DESCRIPTION 04/06/01-07/31/01 (I" post-petition

$ -0 interim fee application period) 08/0/0 I i-I 1/30/01 (2M post-petition interim fee application period) 12/01/01 - 03/31/02 (3" post-petition S -0 interim fee application riod)_

04/01/02

- 07/31/02 (4 -i st-ition 0

I-Payment ofthis amount would result i a "holdback" of$100,757.25 All except $29,434 90 was paid from the Firm's prepetition retainer The Court's Order reduced the allowed amount by S1,500 00 697273 v 8OSF COOLEY G

1. y0tpII DOC or20' CovO0WARD LLP's NOTICE VER SHEET APPLICATION CASE NO. 01-30923 DM

5. To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application)'

for allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during the Appltcation Period

2.

The Firm billed a total of $768,865 34 in fees and expenses during the Application Period. The total fees represent approximately 2,693.80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> expended during the period covered by this Application. These fees and expenses break down as follows:

PERIOD FEES EXPENSES TOTAL Januars I to January 31, 2003

$671,715 00

$97,150.34

$768,865.34

3.

Accordingly, the Firm seeks allowance of interiMi compensation in the amount of a total of $668,108 09 at this time. This total is compris'ed is follows- $570,957.75 (85%) of the fees for services rendered' plus $97,150 34 (100% of the expenses incurred).

4.

For the post-petition period, the Firm has been paid to date as follows-

Interim fee applicaton eriodn 08/01/02-11/30/02 (5post-pettion

$553,42598 15%offeeholdback interim fee application period) 12/01/02 -

12/31/02 (December

$146,834 75 15% offee holdback cover sheet application period)

TOTAL:

S700,26073 1

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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 1 hereto is the name of each professional who performed services in connection witl this case during the period covered by this Application and the hourly rate for each such professional; arid'(b) attaýfiec as Exhibit 2 are the detailed time and expense statements for the Applicatiori 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 Finn has served a copy of this Application (without Exhibits) on the Speclil Notice List in this case.

8.

Pursuant to this Court's Interim Fee Order the Debtor is authorized to make the payment requested herein without a further hearing 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 February 28, 2003.

9.

The interim compensation and reimbursement of expenses sought in 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 Califomia Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of 2

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C-.v..w COOLEY GODWARD LLP's NOTICE OF 20"' COVER SHEET APPLICATION CASE NO. 01 -30923 DM 697273 vit/SF lyOplSi DOC 3

4 the Office of the Untted States Trustee. Neither the Firm nor any members of the Firm has any 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: February 28, 2003 COOLEY GODWARD LLP By:

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"i J. Michael Kelly Special Cosel to Debtor PACIFIC GAS AND ELECTRIC COMPANY

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I Cooley Godward UMP ATTORNEYS AT LAW One Maritime Plaza 20th Floor San Francisco, CA 94111-3580 64fl Iva 23 E3 L 4

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7131986 U.S. POSTA1)

U S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001