ML030980570
| ML030980570 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon |
| Issue date: | 03/31/2003 |
| 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 D M, 94-742640 | |
| Download: ML030980570 (5) | |
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COOLEY GODWARD LLP J. MICHAEL KELLY (133657)
MARTINS. 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 UNITED STATES BANKRUPTCY COURT r,*
,-,, 1NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re
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Chapter 11 PACIFIC GAS AND ELECTRIC CaseNo. 01-30923 DM-COMPANY, a Cahforniacorporafion, O.
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COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIMI COMPENSATION Federal ID No. 94:0742640kX AND REIMBURSEMENT OF EXPENSES FORTHE PERIOD FEBRUARY l, 2003 - FEBRUARY28,
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,I Cooley Godward LLP (the !Firmn) submits this Twenty-First Cover Sheet Application (the "Application").for Allowance. 'and Payment of Interim Compensation and Reimbursement of Expenses for the Period Febriary 1, 2003,- February 28, 2003 (the "Application Period")
This Appication is mrade pursuant to the Order Establishing Inierim Fee Application and Expense Reimbursement Procedure that was entered on or about June 26, 2002, as amended November,S,-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'undlsputed fees and all costs after the fifteenth day of the month following the filing and service of the Application ("Interim Compensation")
In support of this Application, the Firm respectfully represents as follows
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The Firm is Special Counsel to the Debtor. The Firm hereby applies to the Court 697273 VI9SF "
COOLEY GODWARD LLP'S NOiCE i0pIi1 DOC - as 1
oF21"COVERSIEETrAPPLICATION CASE No. 01-30923 DM
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I for allowance and payment of interim compensation for services'rendered'ahd reimbursement of 2
expenses incurred during the Application Period.
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The Firm billed a total of $724,121.90 in fees;and expenses during the Application 4
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 /> e*pended during the period covered 5
by this Application. These fees and expenses break down as follows:
6 PERIOD FEES
-EXPENSES TOTAL February I to Febary 28,2003
$690,592 I S33,52990 S724,121 90 7
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Accordingly, the Firm seeks allowance of interim compensation in the amount of a 9
total of $620,533.10 at this time This total is comprised as follows $587,003.20 (85%) of the tO fees for services rendered' plus $33,529 90 (100% of the expenses incurred)
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For the post-petition period, the Firm has been paid to date as follows.
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'21 22 23 I -24 25 26 27 28 i-,rr, AW._U AF APPLICATION PERIOD AMOUNT APPLIED I DESCRIPTION AMOUNT PAID FOR 04t06/01 - 07/3101 (1" post-petition 5305,205.04 100-% of fees and
$305,205 04 intenm fee application period) expenses '_"
08/I0/01 - 11/30I01 (2I post-petition
$981,483 45 100T. of fee and 9,43 45 intenm fee application period) expenses' 59'
-48345 12/01/01 - 03/31302 (3n posi-peition 5781,65 23 100°% of fees and
$781,865 23 intenrm fee application period) expenses 04/01102 - 07/31/02 (4' post-petition S1,123,3S4 94 1 00°/ of fees and
$1,121,884 94 interim fee application Leriod) expenses 0801102 - 11/3002(
pott;pelition S4,005,614 70 1 00!/ of fees and S4,005,614.70 interim fee application period) expenses 12/01/02 - 12t3102 (December S 1,077,677.60 85% of fees and I 00Oe
$1,077,677 62 cover sheet application penod) gfexpenses 0 10t1t03 - 01/3103 (January cover S668,108 09 85% of fees and 100%
S 668,108 10 sheet application period) of expenses TOTA L S8,943,339.05 s,941,S39.08
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To date, the Firm is owed as follows (excludingm'anoiiats owed pursuant to this Application):
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APPLICATION PERIOD AMOUNT
- DESCRIPTION 04/06101 -07/3101 (I'lpost-petition I S..
interim fee applicatio i penod) 03/3 1/0 I - II1/30/01 (2" post-petition S.
r%
iienm fee application period)'
12/Ot/0i - 0331)02 (3" post-petition S
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PaymentofthiSamoUntwouldresultina"holdback"rofSI03,5880... ).IJ All except $29,434 90 was paid from the Firms prepetition retainer 3
TheCourts OrderreducedtheallowedamountbySl,500 00 j.; -l.I 697273.19/SF COOLEY GODWARD LLP's NOrICE NYOpIs
,9 oF21'CoVER SHEET APPLICATION
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CASE No. 01-30923 DM
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19 10 I1 12 13 16 17 18 19 21 24 25 26 23 28 CroZ;Gw-nn interim fee application penod).
04101102-07/31/02(4 post-petition S interim fee application genod) 08/0l/02 -11,/30/02 (s post-petition S interim fee application penod) 12/01/02 -12/31/02 (December
$146,834 75 15% offee holdback cover sheet application period)
O1/01/03-01/31/03 (January cover
$100,757.24 15%offeeloldback sheet application period)
TOTAL:
S247,591.9
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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 is Exhibit I hereto is the name of each professional who performed services in connection with this case during the period covered by this Application and the hourly rate for each such professional; and (b) attached as Exhibit 2 are 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
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The Firm has served a copy of this Application (without Exhibits) on the Special Notice List in this case.
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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 authonzed 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 March 31, 2003.
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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.
697273 v19/5F COOLEY GODWARD LLP's No-ricE 1y0p 191 DOC OF 21' CovLR SHEET APPLICATION
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CASE No. 01-30923 DM
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The Firm represents and warrants that its billing practices comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 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 kand 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 March 31,2003 COOLEY GODWARD LLP By
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J. Michael Kelly Special Counsel to Debtor PACIFIC GAS AND ELECTRIC COMPANY 697273 VI9ISF IyOPI9I DOC COOLEY GODWARD LLP'S NOTICE OF 21" COVER SHEET APPLICATION CASE No. 01-30923 DM 4.
I Cooley Godward I ATTORNEYS AT LAW One Maritime Plaza 20th Floor San Francisco, CA 94111-3580 U S. Nuclear Regulatory Commission Attn, Document Control Desk Washington, DC 20555-0001 8~~~~~~~~
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