ML031550043

Steefel, Levitt & Weiss'S Cover Sheet Application for Allowance & Payment of Interim Compensation & Reimbursement of Expenses for Period April 1-30, 2003

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

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1 MARK FOGELMAN (State Bar No. 50510)

HARVEY L. LEIDERMAN (State Bar No. 55838)

.2 STEEFEL, LEVITT & WEISSi A Professional Corporation 3 One Embarcadero Center, 30th Floor San Francisco, California 94111 4 Telephone: (415) 788-0900 5

Facsimile: (415) 788-2019 l

'6, 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 ELE:CTRIC Chapter 11Case COMPANY, a California corporation, 13 Debtor and Debtor in Possession.

14 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 APRIL 1-30, 2003 18 19 Steefel, Levitt & Weiss (the "Firn") respectfully submits its Cover Sheet Application (the 20 "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 21 Expenses for the Period April 1-30, 2003 (the "Application Period"). In support of the 22 Application, the Firm respectfully represents as follows:

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

27 28 1--e SLW APRIL 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830:6348036.1 _A?--Pl

Is

1 1 2. The Firm billed a total of $88,404.16 in fees and expensesduring the Application

.2 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 3 fees and expenses break down as follows:

4 Period . Fees l . Expenses- Total l 5 April 1-30,>2003 l $86,705.51 l $1,698.65 $88,404.16 6 3. Accordingly, the Firm seeks allowance of interim compensation in the total 7 amount of $75,398.33 at this time. This total is comprised as follows: $73,699.68 (85% of the 8 fees for services rendered)l plus $1,698.65-(100% of the expenses incurred).

9 4. For Applicant's Fifth Interim Compensation Period , 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 lO0% of Expenses $42,732.11 13 Jan. 1-31, 2003 .50,299.47 85% of fees and 100% of Expenses 50,299.47 14 Feb. 1-28, 2003 - 57,455.76 85% of fees and 100% of Expenses 57,455.76 15 Mar. 1-31, 2003 74,096.97 85% of fees and: 100%'of Expenses '74,096.97 16 TOTAL $224-,584.31 . $224,584.31 17 ¶. .

18 5. Based on its Cover Sheet Applications filed in this proceeding, to date, the Firm is 19 owed the following funds held back (excluding amounts owed pursuant to this -Application):

20 i Application Period Amount. Description'!

21 18th (Dec. 1-31, 2002) - $ 7,200.18;, 15% fee holdback and/or portion of fees objected to 22 19th (Jan. 1-31, 2003) 8,556.06; .15% fee holdback and/or portion of fees objected to 23 20th (Feb. 1-28, 2003) 9,901.94 15% fee holdback and/or portion of fees objected to

24. 21st (Mar. 1-31, 2003) 12,535.59 15% fee holdback and/or portion of fees objected to 25 ToTALOwED __$38,193.77 '!

26 27 Pt .

1 Payment of this amount would result in a "holdb-ack" of $13,005.83.

28 SLW APRIL 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT , 2 Case No. 01-30923 DM 15830:6348036.1

6. With regard to the copies of this Application served on counsel for the Committee, 2 counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit 1 hereto is 3 the name of each professional who performed services in"connection with this case during the 4 period covered by this Application, the hourly rate for each such professional, and the detailed 5 time and expense statements for the Application Period that comply with all Northern District of 6 California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the 7 Office of the United States Trustee.

8 7. The Firm has served a copy of this Application (without Exhibit 1) on the Special 9 .Notice List in this case. . '  ;. .

10 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 11 INTERIM FEE APPLICATION AND EXPENSE.REIMBURSEMENT PROCEDURE (Revised 12 March, 2002)'? which vas entered on or:about March 18, 2002, the Debtor-is authorized to make

13. the payment.requested herein without a further hearing or order of this Court unless an objection 14 to this Application is filed vith the Court by the Debtor; the Committee or the-United States 15 Trustee and served by the fifteenth day of the month following the service of this'Application. If 16 such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 17 objection. The Firm is informed and believes that this Cover Sheet Application will be mailed by 18 first class mail, postag&prepaid, -on'oraboit'May 29, 2003.

19 9.- :The interim comperns'ation and'reimbursement of expenses sought in this Application is on account and is not final. the ofee 20 _Upon the conclusion of this case, the Firm will seek 21 fees and reimbursement of the expenses'in6urred'for the totality of the services rendered in the 22 case: Any interim fees or reimbursement o' expenses approved by this Court and received by the

23. . Firm (along with .the Firm's retainer) will be credited against such final fees and expenses as may

24. be allowed by this Court.

25 10. The Firm represents and warrants that its billing practices comply with all 26 Northern District of California Bankruptcy Local Rules'and Compensation GuidelinLes and the 27 Guidelines of the Officie of the United States Trustee. Neither the Firm nor any members of the 28 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 Case No. 01-30923 DM 15830:6348036.1

1 portion of the fees or expenses to be awarded to the Firm with any otherperson or attorney except 2 as among the members and associates of the Firm.

3 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 4 Firm as requested herein pursuant to and in accordance with the terms of the "SECOND 5 AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE 6 REIMBURSEMENT PROCEDURE (Revised March, 2002).".

7 Date: May 29, 2003 . STEEFEL, LEVITT & WEISS A Professional Corporation 8

9 By:.

10 -  ; -.. -. ..¢ Mark Fogef n Attorneys for Special Counsel to Debtor and 11 Debtor in Possession,-PACIFIC GAS AND.

ELECTRIC COMPANY 12 13 14 15 16 A 1, 17 18 I _.

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. I 22 I . I 23 24 25 26 27 28 SLW APRIL 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 4 Case No. 01-30923 DM 15830:6348036.1

I PROOF OF SERVICE 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.

27 28 15830:6348036.1 PROOF OF SERVICE - 1

1 I declare that I am employed in the office of a member of the barof this court at whose direction the service was made.

2 Executed on May 29, 2003, at San Francisco, California.

3 4

Annegonowski 5

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8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15830:6348036.1 PROOF OF SERVICE - 2