ML030970149
| ML030970149 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/28/2003 |
| 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: ML030970149 (7) | |
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9 10 11 12 HVW 13 RIM ma 14 AP1o4-i C 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMES L. LOPES (No. 63678)
JEFFREY L. SCHAFFER (No. 91404)
WILLIAM J. LAFFERTY (No. 120814)
HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 Telephone:
415/434-1600 Facsimile:
415/217-5910 Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Case No. 0 1-30923 DM Chapter 11 Case
[NO HEARING REQUESTED]
Federal I.D. No. 94-0742640 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR FEBRUARY. 2003 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period February 1, 2003 through February 28, 2003 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
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The Firm is counsel to Pacific Gas and Electric Company, the debtor and debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during the Application Period.
WD 032703/1-1419904/1065903/vl
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The Firm billed a total of $859,276.30 in fees and expenses during the Application Period. The total fees represent 2,861 hours0.00997 days <br />0.239 hours <br />0.00142 weeks <br />3.276105e-4 months <br /> expended during the Application Period. These fees and expenses break down as follows:
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Period Fees Expenses Total February, 2003
$799,359.34
$59,916.96
$859,276.30 7
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Accordingly, the Firm seeks allowance of interim compensation in the total amount of $739,372.40 at this time. This total is comprised as follows: $679,455.44 (85%
of the fees for services rendered)' plus $59,916.96 (100% of the expenses incurred).
11 12 HOAMD 13
" CNUTI 14 Go~
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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 July 31, 2001 (1 st
$4,646,476.74 expenses
$4,646,476.74 post-petition interim fee application period) 82 August 1, 2001
$3,921,628.38 100% of fees and
$3,921,528.382 through November expenses 30, 2001 (2nd post-petition interim fee application period)
December 1, 2001
$4,253,813.78 100% of fees and
$4,238,243.763 through March 31, expenses 2002 (3rd post-petition interim fee application period)
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) 26 27 28
'Payment of this amount would result in a "holdback" of $119,903.90.
2The Firm had written off an additional $100.00 in fees.
3The Firm had written off an additional $15,570.02 in fees.
WD 032703/1-1419904/1065903/vl 1
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10 11 12 HOWAD 13 GENT 14
&RAM1N A
sqbin, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l Application Period Il Amount Applied For Description I Amount Paid 4
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4 August 1, 2002 through November 30, 2002 (5th post-petition interim fee application period) l
$7,679,231.32 100% of fees and expenses
$7,679,231.32 4
I Total Paid to the Firm to Date
$28,654,753.19...
$27,258,130.33
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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 Jan. 1 - Jan. 31, 2003
$1,602,524.44 100% of fees and expenses Total Owed to Firm to Date
$1,804,537.69
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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 1 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.
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The Firm is serving a copy of this Application (without Exhibits) on the NVD 032703/1 -1419904/1065903/vl 1
Special Notice List in this case.
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Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 3
INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE 4
(Revised March, 2002)" (the "Amended Order"), the Debtor is authorized to make the 5
payment requested herein without a further hearing or order of this Court, unless an 6
objection to this Application is filed with the Court by the Debtor, the Committee or the 7
United States Trustee and served by the fifteenth day of the month following the service of 8
this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if 9
any, not subject to the objection. The Firm is informed and believes that this Cover Sheet 10 Application was mailed by first class mail, postage prepaid, on or about March 28, 2003.
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The interim compensation and reimbursement of expenses sought in this 12 Application is on account and is not final. Upon the conclusion of this case, the Firm will 13 seek fees and reimbursement of the expenses incurred for the totality of the services RKE Ca 14 rendered in the case. Any interim fees or reimbursement of expenses approved by this Court 15 and received by the Firm (along with the Firm's retainer) will be credited against such final 16 fees and expenses as may be allowed by this Court.
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The Firm represents and warrants that its billing practices comply with all 18 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 19 the Guidelines of the Office of the United States Trustee.4 Neither the Firm nor any 20 members of the Firm has any agreement or understanding of any kind or nature to divide, 21 pay over or share any portion of the fees or expenses to be awarded to the Firm with any 22 other person or attorney except as among the members and associates of the Firm.
23 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 24 to the Firm as requested herein pursuant to and in accordance with the terms of the Amended 25 4As 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.
WD 032703/1-1419904/1065903/vl 1
Order.
2 DATED: March 28, 2003 HOWARD, RICE, NEMEROVSKI, CANADY, 3
FALK & RABKIN 4
A Professional Corporation By:
R/
L 5
6 F
LTSCH ER 7
Attorneys r D or and Debtor in Possession PACIFIC GAS ND ELECTRIC COMPANY 8
9 10 11 12 HOWRD 13 Pr' CAM 14 BUK el MH3N 16 17 1 8 19 20 21 22 23 24 25 26 27 28 WD 032703/1-1419904/1065903/v-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 March 28, 2003, I served the following document(s) described as HOWARD, 12 RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION HOMD 13 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND RKI
'CAog 14 REIMBURSEMENT OF EXPENSES FOR FEBRUARY, 2003 on the persons listed below Fix
&RAW~N 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 March 28, 2003.
24 25 26 Janet S. Maslow 27 28 PROOF OF SERVICE WVD 073101/l -1419903/42/935042/vl
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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 March 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 FEBRUARY, 2003 on the parties listed below 9
by causing it to be delivered by hand to:
1 0 Patricia Cutler 11 Office of the U. S. Trustee 250 Montgomery Street, Suite 1000 12 San Francisco, CA 94104 HO 13 I declare under penalty of perjury that the foregoing is true and correct. Executed at CAM 14 San Francisco, California on March 28, 2003.
Ahq*4a.d-15 16 17 Janet S. Maslow 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE WD 07 3 lO/1-1419903/42/935039/vl