ML031140336

Steefel, Levitt & Weiss'S Cover Sheet Application for Allowance & Payment of Interim Compensation & Reimbursement of Expenses for Period March 1-31, 2003

ML031140336
Person / Time
Site:	Diablo Canyon
Issue date:	04/17/2003
From:	Fogelman M Pacific Gas & Electric Co, Steefel, Levitt & Weiss
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM, 94-0742640
Download: ML031140336 (6)

Text

1 -MARK FOGELMAN (State Bar No. 50510)

HARVEY L. LEIDERMAN (State Bar No. 55838) 2 STEEFEL, LEVITT & WEISS A Professional Corporation 3 One Embarcadero Center, 30th Floor A .2,v San Francisco, California 94111 J 3>3 4 Telephone: (415) 788-0900 Facsimile: (415) 788-2019 5

--Special Counsel to Debtor and Debtor in Possession, 6 PACIFIC GAS AND ELECTRIC COMPANY 7

8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 In Re: Case No. 01-30923 DM 12 PACIFIC GAS AND ELECTRIC -Chapter 11 Case COMPANY, a California corporation, 13 Debtor and Debtor in Possession. --

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- Federal I.D. No. 94-0742640

-15 16 STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION 17 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD MARCH 1-31. 2003 18 19 Steefel, Levitt & Weiss (the "Firn") respectfully submits its Cover Sheet Application (the -"Application") forfAllowance-and Paymentof Interim Compensation and Reimbursement-of -

21 Expenses for the Period March 1-31, 2003 (the "Application Period"). In support of the 22 Application, the Finn respectfully represents as follows:

23 1. The Finn is Special Counsel to the debtor and debtor-in-possession in the above-24 referenced bankruptcy case (the "Debtor"). The Finn hereby applies to the Court for allowance 25 and payment of interim compensation for services rendered aid reimbursement of expenses 26 incurredduring the Application Period.

27 SLW MARCH 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830 6342230 1

1 2. The Firm billed a total of $86,632:56 in fees and'expenses during the Application 2 Period. The total fces-represent 280.05 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />'expended during the Application Period. These

'3 fees and expenses bfcak down' as fbIlo'uvs- -  :>*

4 Period l Fees l I Expenses ' Total 5 l'March 1-31, 2003 - l $83,570.61 - 'l ' $3,061.95 l $86,632.56 l 6 3. Accordingly, the Finn seeks allowance of interim compensation in the total 7 'amount of $74,096.97 at this tim'e. This total is coimiprised as follows: $71,035.02 (85% of the 8 fees' for services rendered) plus $3,061.95 (10O%,6f theexpenses incurred).

9, 4> " For A~pplicant's Fifth InteilACetiton'P "i'od ,'the Firm has been paid to 10 date as follows: - ' ,

11 Application Period Amount Applied For Description Amount Paid 12 Dec. 1-31, 2002 $42,732.11 85% of fees and 100% of Expenses $42,732.11 13 Jan. 1-31, 2003 50,299.47  ! 859' of fees and 100% of Expenses 50,299.47 14 'Feb. 1-28, 2003 57,455.76 ' *"-59o of fees and 100% of Expenses 0.0 15 TOTAL $150,487.34 $93,031.58 16  ! I I I I , . i - , _.

17 5. . > Based on its Cover, Sheet Applications filed in this proceeding, to date, the Firm is 18 owed the following funds held back (excluding amounts owed pursuant to this Application):

19 Application Period Amount - Description 20 18th (De 1:-31f, 2002) ;__ $ 7,200.18 15% fee holdbackiand1rid portion of fees-objeted to 21 19th (Jan. 1-31, 2003) 8,556.06 15% fee holdback and/or portion of fees objected to 22 20th (Feb. 1-28, 2003) 9,901.94 15% fee holdback andlor portion of fees objected to 23 ToTAL OWED $25,65881ti -

E24 6. With regard to the copies ofthis'A'piic ati6i served oni counsel for the Committee, 25 counsel for the Debtor and the' Offic`6of the United States Trustee,- attached as Exhibit I hereto is 26- the name of each professional who lerffm'ed servides iii'corinection with this case during the 27 I _.__.___'___l__o__.__,____. o

.__ C * , , 1 Payment of this amount would result in a "holdback" of $12,535.59.

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SLW MARCH 2003 COVER SHEET APPLICATION FOR ALILOWANCE'AND PAYMENT 2 ICase No. 01-30923 DM Jo 15830.6342230.1

1 period covered by this Application,the.hourlyrate for each such professional, and the detailed 2 time and expense statements for the Application Period that comply with all Northern District of 3 California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the I-4 Office of the United, States Trustee. !l ;  : - - ---

,5 7. The Firm has served a copy of this Application (without Exhibit 1) on the Special 6 Notice List in this case.

7 8. - Pursuant to this Court's!'SECOND AMENDED ORDER ESTABLISHING 8 INTERIM FEE APPLICATION SAND EXPENSE REIMBURSEMENT PROCEDURE (Revised 9 -Maih7,2-002)" w1hi-ch 7wenered6n-oraboutNiarh 8, 2002, the Debtor is authorized tomake 10 the payment requested herein without a further hearing or order of this Court unless, an objection

- 11 to this-Application is filed with the Court by the Debtor, the Committee or the United States 12 Trustee and served by the fifteenth day of the month following the service of this Application. If 13 such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 14 objection. The Firm is informed and believes that this Cover Sheet Application will bwmailed by 15 first class mail, postage prepaid, on or about April 18,2003.

16 9. The interim compensation and reimbursement of expenses sought in this 17 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 18 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 19 case. Any interim fees or reimbursement of expenses approved by this Court and received by the

- 207 Fir-m(-ng-with e-Firm's-retainer) will be creditd-d-against such-final fees and expenses-smnay-21 be allowed by this Court.

22 10. The Firm represents and warrants that its billing practices comply with all 23 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 24 Guidelines of the Office of the United States Trustee. -Neither the Finn nor any members of the

.25 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any x,26- portion of the fees orexpenses to be awarded to the Firm with any other person or attorney except 27 as among the members and associates of the Firm. - - - - - --- -

28 SLW-MARCH 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 3 Case No. 01-30923 DM , I-15830:6342230.1

1 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 2 Firm as requested herein pursuant to and in accordance with the terms of the "SECOND 3 AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE 4 REIMBURSEMENT PROCEDURE (Revised March, 2002).".

5 Date: April 17, 2003 STEEFEL, LEVITT & WEISS A Professional Corporation 6

7 * , -- * * - -- m "

8 rest,, ,Mark Foge an Attorneys for Special Counsel to Debtor and-Debtor in Possession, PACIFIC GAS AND ELECTRIC COMPANY 10 I , I 11 t I. ,

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14 15' , -1. I I I " I -I II ., I I i 1 I

16 17 18 19 20 Al ) -, 1 1, , A 21 22 23 24 I AI. A .A 25 . I . , A 26 27 28 SLW MARCH 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 4 Case No. 01-30923 DM 15830:6342230.1

1 1. PROOF OF SERVICE 2 I, Anne Ogonowski, declare as follows: - ,

3 I am employed in the City anid County of Sani Francisco,-Chlifomia, over the age of eighteen years, and not a party to the within cause. My business address is STEEFEL, LEVITT 4 & WEISS, One Embarcadero Center, 30th Floor, San Francisco,-California 94111. On April 18, 5 2003, I served the within:

6 STEEFEL, LEvIT r& WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF 7 EXPENSES FOR THEPERIOD MARCH 1-31, 2003 8 on the interested parties-in this action by placing a true copy thereof, along with the appropriate Exhibits, in a sealed enve1ope, addressed as follows:

9 James L. Lopes, Esq. Paul S. Aronzon, Esq.

10 Jeffrey L. Schaffer, Esq.' Robert Jay Moore, Esq.

Janet A. Nexon, Esq. Milbank, Tweed, Hadley & McCloy LLP 11 William J. Lafferty, Esq. 601 S. Figueroa Street, 30th Floor Howard, Rice, Nemerovski, Canady, Los Angeles, CA 90017 12 Falk & Rabkin, a P.C.

Three Embarcadero Center, 7th Floor Patricia Martin, Esq.

13 San Francisco, CA 941114065 Office of the United States Trustee 250 Montgomery Street, Suite 1000, 14 San Francisco, CA 94104-3401 15 BY OVERNIGHT MAIL: By placing such envelope, for collection and mailing-at Steefel, Levitt & Weiss, San Francisco, California following ordinary business practice. I am 16 readily familiar with the practice of Steefel, Levitt & Weiss for collection and processing of overnight service mailings, said practice being that in the ordinary course of business, 17 correspondence is deposited with the overnight messenger service Federal Express for delivery as addressed.

18 and by serving all parties on the Special Notice List (as of January 29, 2003), by placing a true 19 copy of the Cover Sheet Application, without Exhibit 1, in a sealed envelope, addressed to all

- - parties on said Special Notice List, found at:__ ___

21 http. lwww.canb.uscourts.gov/canbflsocuments.nsf14fa6cc9d77741519882569e50004dce6/2cb9 cc414857666088256a37005a57da1$FILEL-_Oal3ichajal76ut2cedqo .pdf 22 A copy of the Special Notice List is attached to the Original Cover Sheet Application.

23 BY MAIL: By placing such envelope, with postage thereon fully prepaid for first class 24 mail, for collection and mailing at Steefel, Levitt & Weiss, San Francisco, California following ordinary business practice. I am readily familiar with the practice of Steefel, Levitt & Weiss for i 25 collection and processing of correspondence, said practice being that in the ordinary course of business, correspondence is deposited in the United States Postal Service the same day as it is Ii 26 placed for collection.  ;

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- PROOF OF SERVICE - 1 I  ; - ,, I 15830.6342230.1 , .. I I

I declare that I am employed ii the office of a member of the bar of this court at whose direction the service was made.

2 Executed on April 18, 2003, at San Francisco, California.

3 4

Anne Oghowski 5

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE - 2 15830 6342230.1