ML031550043
| ML031550043 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/29/2003 |
| 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 D M, 94-0742640 | |
| Download: ML031550043 (6) | |
Text
MARK FOGELMAN (State Bar No. 50510)
HARVEY L. LEIDERMAN (State Bar No. 55838)
STEEFEL, LEVITT & WEISSi A Professional Corporation One Embarcadero Center, 30th Floor San Francisco, California 94111 Telephone: (415) 788-0900 Facsimile: (415) 788-2019 Special Counsel to Debtor and Debtor in Possession, PACIFIC GAS AND ELECTRIC COMPANY In Re:
PACIFIC GAS AND ELE UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 01-30923 DM
- CTRIC Chapter 11 Case COMPANY, a California corporation, Debtor and Debtor in Possession.
Federal I.D. No. 94-0742640 STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD APRIL 1-30, 2003 Steefel, Levitt & Weiss (the "Firn") respectfully submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period April 1-30, 2003 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
- 1.
The Firm is Special Counsel to the debtor and debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firrn hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during the Application Period.
SLW APRIL 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830:6348036.1 1
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The Firm billed a total of $88,404.16 in fees and expensesduring the Application Period. The total fees represent 255.27 hours3.125e-4 days <br />0.0075 hours <br />4.464286e-5 weeks <br />1.02735e-5 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period Fees l
. Expenses-Total l
April 1-30,>2003 l
$86,705.51 l
$1,698.65
$88,404.16
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Accordingly, the Firm seeks allowance of interim compensation in the total amount of $75,398.33 at this time. This total is comprised as follows: $73,699.68 (85% of the fees for services rendered)l plus $1,698.65-(100% of the expenses incurred).
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For Applicant's Fifth Interim Compensation Period, the Firm has been paid-to date as follows:
Application Period Amount Applied For-Description Amount Paid Dec. 1-31, 2002
$42,732.11 85% of.fees and lO0% of Expenses
$42,732.11 Jan. 1-31, 2003
.50,299.47 85% of fees and 100% of Expenses 50,299.47 Feb. 1-28, 2003 -
57,455.76 85% of fees and 100% of Expenses 57,455.76 Mar. 1-31, 2003 74,096.97 85% of fees and: 100%'of Expenses
'74,096.97 TOTAL
$224-,584.31
$224,584.31
¶.
- 5.
Based on its Cover Sheet Applications filed in this proceeding, to date, the Firm is owed the following funds held back (excluding amounts owed pursuant to this -Application):
i Application Period Amount.
Description'!
18th (Dec. 1-31, 2002) -
$ 7,200.18;,
15% fee holdback and/or portion of fees objected to 19th (Jan. 1-31, 2003) 8,556.06;
.15% fee holdback and/or portion of fees objected to 20th (Feb. 1-28, 2003) 9,901.94 15% fee holdback and/or portion of fees objected to 21st (Mar. 1-31, 2003) 12,535.59 15% fee holdback and/or portion of fees objected to ToTALOwED
__$38,193.77 Pt.
1 Payment of this amount would result in a "holdb-ack" of $13,005.83.
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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 as Exhibit 1 hereto is the name of each professional who performed services in"connection with this case during the period covered by this Application, the hourly rate for each such professional, and 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.
- 7.
The Firm has served a copy of this Application (without Exhibit 1) on the Special
.Notice List in this case.
- 8.
Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE.REIMBURSEMENT PROCEDURE (Revised March, 2002)'? which vas entered on or:about March 18, 2002, 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 vith the Court by the Debtor; the Committee or the-United States Trustee and served by the fifteenth day of the month following the service of this'Application. If such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and believes that this Cover Sheet Application will be mailed by first class mail, postag&prepaid, -on'oraboit'May 29, 2003.
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- The interim comperns'ation and'reimbursement of expenses sought in this Application is on account and is not final.
the ofee
_Upon the conclusion of this case, the Firm will seek fees and reimbursement of the expenses'in6urred'for the totality of the services rendered in the case: Any interim fees or reimbursement o' 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.
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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 GuidelinLes and the Guidelines of the Officie 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 o share any SLW APRIL 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 3
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portion of the fees or expenses to be awarded to the Firm with any otherperson 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 "SECOND AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE (Revised March, 2002).".
Date: May 29, 2003 STEEFEL, LEVITT & WEISS A Professional Corporation By:.
..¢ Mark Fogef n
Attorneys for Special Counsel to Debtor and Debtor in Possession,-PACIFIC GAS AND.
ELECTRIC COMPANY A
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2 I, Anne Ogonowski,,declare as follows:
3 I am employed in the City and County of San Francisco, California, over the age of eighteen years, and not a party to the within cause. My business address is STEEFEL, LEVITT
& WEISS, One Embarcadero Center, 30th Floor,-San Francisco, California 94111. On May 29, 5
2003, I served the within:
6 STEEFEL, LEVITT & WEISS'S COVER SIEET APPLICATION FOR ALLOWANCE AND PAYIENT OF INTERINI CONIPENSATION AND REIMBURSEMENT OF 7
EXPENSES FOR TIIE PERIOD APRIL 1-30, 2003 8
on the interested parties in this action by placing a true copy thereof, along with the appropri-ate Exhibits, in a sealed envelope, addressed as follows:
9 James'L. Lopes,'Esq.
Paul S. Aronzon, Esq.
10 Jeffrey L. Schaffer, Esq.
Robert Jay Moore, Esq.
Janet A. Nex6n,lEsq.
Milbank, Tweed, Hadley & McCloy LLP 11' Williar'J.Lafferty, Esq.
601 S. Figueroa Street, 30th Floor Howard, Rice, Nenierovski, Canady, Los Angeles, CA 90017 12 Falk & Rabkin, a P.C.
Three Embarcadero Center, 7th Floor Patricia Martin, Esq.
13 San Francisco, CA 94111-4065 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 April 23, 2003), by placing a true copy 19 of the Cover Sheet Application, without Exhibit 1, in a sealed envelope, addressed to all parties 20 on said Special Notice List, found at:
21 http//www.canb.uscourts.gov/canblDocuments.nsf14fa6cc9d77741519882569e50004dce6/2cb9 cc414857666088256a37005a57da/$FILEI_Oal3iclajal 76ut2cedqO_.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 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 26 placed for collection.
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I declare that I am employed in the office of a member of the barof this court at whose direction the service was made.
Executed on May 29, 2003, at San Francisco, California.
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