ML030980552
| ML030980552 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/31/2003 |
| From: | Cole A Heller Ehrman White & McAuliffe, LLP, Pacific Gas & Electric Co |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 D M, 94-0742640 | |
| Download: ML030980552 (7) | |
Text
1 MARIE L. FIALA (No. 79676)
PETER J. BENVENUTTI (No. 60566) 2 ADAM M. COLE (No. 145344)
HELLER EBRMAN WHITE & McAULIFFE LLP 3
333 Bush Street San Francisco, California 94104-2878 4
Telephone: (415) 772-6000 Facsimile: (415) 772-6268 5
Special Counsel for Debtor in Possession 6
PACIFIC GAS AND ELECTRIC COMPANY 7
8 UNITED STATES BANKRUPTCY COURT 9
NORTHERN DISTRICT OF CALIFORNIA 10 11 In re Case No.: 01-30923 DM 12 PACIFIC GAS AND ELECTRIC 13 COMPANY, a California corporation, Chapter 11 Case 14 Debtor.
15
[No Hearing Scheduled]
Federal I.D. No. 94-0742640 16 17 HELLER EHRMAN WHITE & McAULIFFE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYIENT OF INTERIM 18 COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD FEBRUARY 1, 2003, THROUGH FEBRUARY 28, 2003 19 20 Heller Ehrman White & McAuliffe LLP (the "Firm" or "Heller Ehrman") submits its 21 Cover Sheet Application (the '-'Application") for Allowance and Payment of Interim 22 Compensation and Reimbursement of Expenses for the Period February 1, 2003, through 23 February 28, 2003 (the "Application Period"). In support of the Application, the Firm 24 respectfully represents as follows:
25
- 1.
The Firm is Special Counsel to Pacific Gas and Electric Company, debtor and 26 debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm 27 Heller 28 Ehrman White &
HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD McAuliffe LLP FEBRUARY 1, 2003, THROUGH FEBRUARY 28, 2003 CASE NO: 0 1-30923 DM
1 hereby applies to the Court for allowance and payment of interim compensation for services 2
rendered and reimbursement of expenses incurred during the Application Period.
3
.2.
The Firm billed a total of $I,630,028.84 in fees and expenses during the 4
Application Period. The total fees represent 5,710.50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br /> expended during the 5
Application Period. These fees and expenses break down as follows:
6 7
8 9
10 11 12 13
_14 15 16 17 18 19 20 21 22 23 24 25 26 27 Heller 28 Ehrman White &
McAuliffe LLP Period Fees Expenses Total 02/01/03 - 02/28/03
$1,472,079.70
$157,949.14
$1,630,028.84
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $1,409,216.89 at this time. This total comprises the following: $1,251,267.75 (85% of the fees incurred during the Application Period)' plus $157,949.14 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:2 Application Period Amount Applied For Description Amount Paid 4/6/01 - 7/31/01 (first_
$2,264,794.01 100% of fees and
$2,246,327.813 post-petifl-on inte-rim 100% of expenses fee application period)
IPayment of this amount would result in a "holdback" of $220,811.96, equal to 15% of the Firm's fees for services rendered during the Application Period.
2 On December 19, 2000, PG&E paid a retainer to Heller Ehrman in the amount of $350,000.
Pursuant to written agreement between the parties dated December 19, 2000, the retainer is not to apply to current billings in the ordinary course, but instead is to apply to Heller Ehrman's unpaid fees and expenses in the event that PG&E fails to make payment in the ordinary course. By written agreement dated April 5, 2001, the parties modified that arrangement to authorize Heller Ehrman to apply the retainer to payment of unpaid pre-petition fees and expenses on matters that are subject to an hourly billing arrangement. The foregoing arrangement was approved by this Court in its June 4, 200 1, Order Authorizing Debtor to Employ Heller Ehrman as Special Counsel (Apr. 17, 2001); see also PG&E's Application to Employ Heller Ehrman as Special Counsel ¶¶ 9-10 (Apr. 17., 2001); Declaration of Marie L. Fiala in Support of Application ¶ 9 (Apr. 8, 2001). As of the date of submission of this Cover Sheet Application, Heller Ehrman has applied
$153,148.07 of the retainer to a portion of its unpaid pre-petition fees and expenses on hourly rate engagements. Heller Ehrman continues to hold a retainer balance of $196,851.93.
3 The amount paid reflects a disallowance of $18,466.20 in fees. See Order Approving Heller Ehrman White & McAuliffe LLP's First Interim Fee Application for Allowance and Payment of Compensation and Reimbursement of Expenses for the Period April 6, 2001, Through July 31, 2001 (Nov. 21, 2001); December 12, 2001 Order at pp. 16-17.
2 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD FEBRUARY 1, 2003, THROUGH FEBRUARY 28, 2003 CASE NO.: 01-30923 DM
1 2
3 4
5 6
7 8
9 10 1 1 12 13 14 15 16 17 18 Application Period Amount Applied For Description Amount Paid 8/1/01 - 11/30/01
$2,251,673.88 100% of fees and
$2,231,752.484 (second post-petition 100% of expenses intenm fee application period) 12/1/01 - 3/31/02
$2,477,438.24 100% of fees and
$2,477,438.24 (third post-petition 100% of expenses interim fee application period) 4/1/02 - 7/31/02
$3,127,427.84 100% of fees and
$3,127,477.88 (fourth post-petition 100% of expenses interim fee application period) 08/01/02 - 08/31/02
$ 868,966.42' 85% of fees and
$ 868,966.43 (Aug. CSA period) 100% of expenses 09/01/02 - 09/30/02
$ 720,787.52 85% of fees and
$ 720,787.53 (Sept. CSA period) 100% of expenses 10/01/02-10/31/02
$ 727,046.23 85% offees and
$ 727,046.25 (Oct. CSA period) 100% of expenses 11/01/02-11/30/02
$ 638,249.216 85% offees and
$ 638,172.72 (Nov. CSA period) 100% of expenses
-12/01/02-- 12/31/02 812,116.59 85% offees and
$ 812,116.61 (Dec. CSA period) 100% of expenses 1/01/03 - 1/31/03 (Jan.
$ 1,254,929.07 85% of fees and
$ 0.00 CSA period) 100% of expenses Total
$15,143,429.01
$13,850,085.95 19 20 21 22 23 24 25 26 27 4 The amount paid reflects a disallowance of $ 19,921.40 in fees for certain paralegal charges. See Order Approving Heller Ehrman White & McAuliffe LLP's Second Interim Fee Application ¶ 1 (Feb. 27, 2002).
5 As filed on September 30, 2002, Heller Ehnrnan's August Cover Sheet Application reflected fees of
$970,577.10 and expenses of $57,095.46, and requested interim compensation of $882,086.00 ($824,990.54 (85% of fees) + $57,095.46 (100% of expenses)). Subsequently, Heller Ehrman agreed to reduce its fees for the August invoice for Matter No. 88 as follows: (i) a reduction of $5,434.80 based on incorrect billing rates used in the original bill, and (ii) an additional reduction of $10,000 agreed to by Heller Ehrman and PG&E.
In total, Heller Ehrrnan therefore agreed to reduce its August fees by $15,434.80, resulting in a reduced request for interim compensation of $868,966.42 (85% x ($970,577.10 - $15,434.80) + 100% x $57,095.46).
6 The original amount applied for, as reflected in the November Cover Sheet Application, was
$638,234.93. After filing the November Cover Sheet Application, Heller Ehrrnan agreed to write off its November 2002 fees ($73.20) for services provided in Matter No. 54.
Heller 28 Ehrman White &
McAuliffe LLP 3
HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD FEBRUARY 1, 2003, THROUGH FEBRUARY 28, 2003 CASE NO.: 01-30923 DM
1
- 5.
To date, the Firm is owed as follows (excluding amounts owed pursuant to 2
3 4
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 this Application):
Application Period Amount Description First post-petition interim 0
fee application period (4/6/01 - 7/31/01)
Second post-petition 0
interim fee application period (8/1/01 - 11/30/01)
Third post-petition interim 0
fee application period (12/1/01 - 3/31/02)
Fourth post-petition interim 0
fee application period (4/1/02 - 7/31/02)
August cover sheet
$ 143,327.357 15% fee holdback application period (8/01/02-8/31/02)
September cover sheet S 115,619.48 15% fee holdback application period (9/01/02 - 9/30/02)_
October cover sheet
$ 120,814.89 15% fee holdback application period (10/01/02 - 10/31/02)
November cover sheet
$ 107,337.86 15% fee holdback application period (11/01/02 - 11/30/02)
December cover sheet
$ 134,871.99 15% fee holdback application period (12/01/02 - 12/31/02)
January cover sheet
$1,254,929.07 15% fee holdback application period (1/01/03 - 1/31/03)
Total Owed to Finn to Date
$1,876,900.64 24 25 26 27 7 This figure constitutes the corrected fee holdback (15% x ($970,557.10 - $15,434.80)) based on the reductions in the August invoice for Matter No. 88 described in footnote 5 above.
Heller 28 Ehrman White &
McAuliffe LLP 4
HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD FEBRUARY 1, 2003, THROUGH FEBRUARY 28, 2003 CASE NO.: 01-30923 DM
1
- 6.
With regard to the copies of this Application served on counsel for the 2
Committee, counsel for the Debtor and the Office of the United States Trustee, attached as 3
Exhibit 1 hereto is the name of each professional who performed services in connection with 4
this case during the period covered by this Application and the hourly rate for each such 5
professional; and (b) attached as Exhibit 2 are the detailed time and expense statements for 6
the Application Period that comply with all Northern District of California Bankruptcy 7
Local Rules and Compensation Guidelines and the Guidelines of the Office of the United 8
States Trustee.
9
- 7.
The Firm has served a copy of this Application (without Exhibits) on the 10 Special Notice List in this case.
11
- 8.
Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE 12 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 13 on or about July 26, 2001, the Debtor is authorized to make the payment requested herein 14 without a further hearing or order of this Court unless an objection to this Application is 15 filed with the Court by the Debtor, the Committee or the Unites States Trustee and served 16 by the fifteenth day of the month following the service of this Application. If such an 17 objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 18 objection. The Firm is informed and believes that this Cover Sheet Application was mailed 19 by first class mail, postage prepaid, on or about March 31, 2003.
20
- 9.
The interim compensation and reimbursement of expenses sought in this 21 Application is on account and is not final. Upon the conclusion of this case, the Firm will 22 seek fees and reimbursement of the expenses incurred for the totality of the services 23 rendered in the case. Any interim fees or reimbursement of expenses approved by this 24 Court and received by the Firm (along with the Firm's Retainer) will be credited against 25 such final fees and expenses as may be allowed by this Court.
26
- 10.
The Firm represents and warrants that its billing practices comply with all 27 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 28 5
Heller 28 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD Ehrman FEBRUARY 1, 2003, THROUGH FEBRUARY 28, 2003 White &
CASE NO.: 01-30923 DM McAuliffe LLP
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Heller 28 Ehrman White &
McAuliffe LLP the Guidelines of the Office of the United 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 requested herein pursuant to and in accordance with the terms of the "ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."
Dated: March 31, 2003 HELLER EHRMAN WHITE & McAULIFFE LLP Adam M. Cole Special Counsel for Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 6
HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD FEBRUARY 1, 2003, THROUGH FEBRUARY 28, 2003 CASENO.: 01-30923 DM -
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