ML030930012

Winston & Strawn'S Cover Sheet Application for Allowance & Payment of Interim Compensation & Reimbursement of Expenses for Period February 1, 2003 Through February 28, 2003

ML030930012
Person / Time
Site:	Diablo Canyon
Issue date:	03/26/2003
From:	Justic S Pacific Gas & Electric Co, Winston & Strawn
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM, 94-0742640
Download: ML030930012 (6)

Text

1 Donald K. Dankner (No. 0186536)

Thomas F. Blakemore (No. 03121566) 2 Stacy D. Justic (No. 6277752) 3 WINSTON & STRAWN ?_ 75 35 West Wacker Dr.

4 Chicago, IL 60601 .9,z3 Phone: 312-558-5600 5 Facsimile: 312-558-5700 Counsel to Debtor and Debtor in Possession 6

7 8

UNITED STATES BANKRUPTCY COURT 9

10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 In re Case No. 01-30923 DM 13 PACIFIC GAS AND E LECTRIC Chapter 11 Case COMPANY, a Califorr ia corporation, 14 [No Hearing Scheduled]

ebtor.

15 Federal I.D. No.94-074 12640 16 17 WINSTON & STRAWN'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 18 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD FEBRUARY 1. 2003 THROUGH FEBRUARY 28, 2003 19 20 Winston & Strawn (the "Firm") submits its Cover Sheet Application (the "Application")

21 for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the 22 Period of February 1, 2003 through February 28, 2003 (the "Application Period"). In support of 23 the Application, the Firm respectfully represents as follows:

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1. Pursuant to the Amendment to the Amended Application for Authority to 25 Employ and to continue the Employment of Special Counsel dated as of September 13, 2001, the 26 Firm is counsel to the above-captioned debtor and debtor in possession (the "Debtor") and 27 28 employed under section 327(e) of the Bankruptcy Code, 11 U.S.C. § 101 eta se. (the "Code").

1 2. Pursuant to the Order Establishing Interim Fee Application and Expense 2 Reimbursement Procedure entered on July 26, 2001 (the "Fee Order"), the Firm hereby applies to 3

the Court for allowance and payment of interim compensation for services rendered and 4

reimbursement of expenses incurred during the Application Period.

5

3. The Firm billed a total of $178,045.33 in fees and expenses during the 6

7 Application Period. The total fees represent 608.55 hours6.365741e-4 days <br />0.0153 hours <br />9.093915e-5 weeks <br />2.09275e-5 months <br /> expended during the Application 8 Period. These fees and expenses break down as follows:

9 Period Fees Expenses Total 10 February 1 - $166,156.45 $11,888.88 $178,045.33 11 February 28, 2003 12 4. Accordingly, the Firm seeks allowance of interim compensation in the 13 total amount of $153,121.86 at this time. This total is comprised as follows:

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$141,232.98 (85% of the fees for services rendered)' plus $11,888.88 (100% of the expenses 15 incurred).

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5. Pursuant to the Stipulation and Order Regarding Employment of Winston 17 18 & Strawn as Special Counsel to the Debtor in Possession dated September 24, 2001 (the 19 "Stipulation"), the Firm's reimbursement for all fees and expenses incurred by the Firm as special 20 counsel to Debtor through July 31, 2001, is governed by the Order entered on August 16, 2001, 21 approving the Amended Application for Authority to Employ and Continue the Employment of 22 Special Counsel (the "Omnibus Order"). Pursuant to the Stipulation and Omnibus Order, the 23 Firm has not and will not submit Applications for fees and expenses incurred through July 31, 24 25 2001.

26 6. To date, the Firm has submitted invoices for the following post-petition 27 services directly to the debtor:

28 Payment of this amount would result in a "holdback" of $24,923.47.

2

1 Application Period Amount Due Amount Paid l Amount Outstanding 2 June 1, 2001 -June 30, $117,735.06 $117,494.31 $0.00 2001 3 July 1, 2001-July 31, $169,199.53 $169,197.43 $0.00 2001 1 1 4 7. To date, the Firm has been paid $117,494.31 for the June 1, 2001 through 5

June 30, 2001 period and $ 169,197.43 for the July 1, 2001 through July 31, 2001 period.

6

8. For fees and expenses incurred on behalf of the Debtor after July 31, 2001, 7

8 the Firm is governed by the Fee Order and must file monthly fee applications ("Cover Sheet 9 Applications") and quarterly fee applications ("Interim Fee Applications") with the Court 10 pursuant to section 331 of the Code.

11

9. The following chart reflects: (a) the Cover Sheet Applications submitted to 12 date by W&S, including this Cover Sheet Application; (b) the First, Second, Third and Fourth 13 14 Interim Applications submitted to date by W&S; (c) for the fees and expenses incurred by the 15 Firm after July 31, 2001, the amounts incurred and the amounts paid to W&S by the Debtor to 16 date; (d) W&S's voluntary and Court ordered reductions in compensation sought from the Debtor 17 as part of the First Interim Application; and (e) the total amount owed by the Debtor to the Firm 18 to date.

19 20

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21 22 23 24 25 26 27 28 3

I 2

Application Period 85% Fees Expenses 15% Fee Amount Paid Total Amount 3 Holdback Owed 2 August I - November 4 30, 2001 Interim $881,496 65 $71,206.39 $155,558.23 $1,108,261.28 $0.00 Application Penod 5 December 1, 2001 -

March 31,2002 $598,974.22 $61,140 86 $105,701.34 $765,81641 $0.00 6 Interim Application Period 7 April 1 - July 31, 2002 Interim $400,790.65 $25,688 92 $70,724.75 $497,204.33 $0.00 8 Application Period August 1 -November $421,593.39 $35,004.03 $74,398.87 $530,996.29 $0.00 9 30, 2002 Interim Application Period 10 December I - $87,681.28 $7,136.19 $15,473 17 $94,817.49 $15,473.15 December 31, 2002 11 January I - January 31, 2003 $111,091.01 $4,669 38 $19,604.29 $0.00 $135,364.68 12 February I - February 28, 2003 $141,232.98 $11,888.88 $24,923.47 $0.00 $178,045.33 13 Total $2,642,860.18 $216,734.65 $466,384.12 $2,937,973.35 $388,005.66 14

10. With regard to the copies of this Application served on counsel for the 15 Official Committee of Unsecured Creditors (the "Committee"), reorganization counsel for the 16 17 Debtor and the Office of the United States Trustee, (a) attached as Exhibit 1 hereto is the name 18 of each professional who performed services in connection with this case during the period 19 covered by this Application and the hourly rate for each such professional; and (b) attached as 20 Exhibit 2 are the detailed time and expense statements for the Application Period that comply 21 with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines 22 and the Guidelines of the Office of the United States Trustee.

23

11. The Firm has served a copy of this Application (without Exhibits) on the 24 25 Special Notice List in this case.

26 12. Pursuant to this Court's Fee Order, the Debtor is authorized to make the 27 payment requested herein without a further hearing or order of this Court unless an objection to 28 this Application is filed with the Court by the Debtor, the Committee or the United States 4

1 Trustee and served by the fifteenth day of the month following the service of this Application. If 2 such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 3 objection. The Firm is informed and believes that this Cover Sheet Application was mailed by 4

first class mail, postage prepaid, on or about March 26, 2003.

5 613. The interim compensation and reimbursement of expenses sought in this 7 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 8 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 9 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 10 Firm will be credited against such final fees and expenses as may be allowed by this Court.

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14. The Firm represents and warrants that its billing practices comply with all 12 13Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 14 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 15 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 16 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 17 except as among the members and associates of the Firm.

18 19 20 21 22 23 24 25 26 27 28 2Total Amount Owed includes the 15% holdback 5

1 2 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 3

to the Firm as requested herein pursuant to and in accordance with the terms of the Fee Order.

4 5

Dated: March 29, 2003 WINSTON & STRAWN 6

7 By: ` e f) tshy 8 327(e)ofIts nsel to Debtors and Debtors in Possession 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHI:1182736.1 6