ML031570308

Cooley Godward Llps Twenty-Third Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period April 1, 2003 - April 30, 2003

ML031570308
Person / Time
Site:	Diablo Canyon
Issue date:	05/30/2003
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 DM, 94-0742640
Download: ML031570308 (3)

Text

COOLEY GODWARD LLP J. MICHAEL KELLY (133657)

MARTIN S. 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 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re -

Chapter I PACIFIC GAS AND ELECTRIC Case No. 0 1-30923 DM COMPANY, a Califomia corporation, COOLEY GODWARD LLP'S TWENTY-TiRD Debtor.

COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION Federal ID No. 94-0742640 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD APRIL 1, 2003 - APRIL 30,2003

[No learing Scheduled]

Cooley Godward LLP (the "Firm") submits this Twenty-Third Covcr Sheet Application (the "Application') for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period April 1, 2003 - April 30, 2003 (the "Application Period").

This Application is made pursuant to the Order Establishing Intcrim Fee Application and Expense Reimbursement Procedure that was entered on or about June 26, 2002, as amended November 8, 2002, and amended again as of April 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 undisputed 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:

1.

The Firm is Special Counsel to the Debtor. The Firm hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of 697273 21/1F COOLEY GODWARD LLP's NOrTICE

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,au At L expenses incurred during the Application Period.

2.

The Firm billed a total of $323,751.12 in fees and expenses during the Application Period. The total fees represent approximately 940.10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> expended during the period covered by this Application. These fees and expenses break down as follows:

PERIOD FEES I

EXPENSES TOTAL April I to April 302003

$314,387.00

$9,364.12 l $323,751.12

3.

Accordingly, the Firm seeks allowance of interim compensation in the amount of a total of $276,593.07 at this timc. This total is comprised as follows: $267,228.95 (85%) of the fees for services rendcred' plus $9,364.12 (100% of the expenses incurred).

4.

For the post-petition period, the Firm has been paid to date as follows:

APPLICATION PERIOD AMOUNT APPLIED DEsciurTioN AMOUNT PAID FOR 04/06/01 -07/31/01 (O post-petition S305,205.04 l 00% of fees and S305,205.04' interim fee application period) expenses 08/01/01 -111/30/01 (2M post-petition

$981,483A5 100% of fees and

$981,483A5 interim fee application period) expenses 12/0 1/01 - 0331/02 (3i postpetition S78 1,865.23 100% of fees and

$781,865.23 interim fee application period) expenses 04/01/02-07/31/02(4. post-petition

$1,123,384.94 100% of fees and

$1,121,884.94" interim fee application period) expenses 08/01/02 - 11/3002 (5 post-petition

$4,005,614.70 00% offees and -

$4,005,614.70 interim fee application teriod) expenses 12/01/02 -03/31/03 (6 post-petiton

$3,180,342.81 100% of fees and

$2,769,963.67 interim fee application period) expenses TOTAL.

Sl 0,377,896.17 57,897,463.31

5.

To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):

APPLICATION PERIOD AMOUNT DESCRIPTION 04/06101 - 07/31/01 ( post-petition S interim fee application period) 08/01/01 - 11/30/01 1(

2 post-petition S interim fee application period) 1201/01 -03/31/02 (3' post-petition

$ interim fee application period) 04/01/02 -07/31/02 (4 post-petition S interim fee application Leriod) 08/01/02 -11/30/02 ( post-petition S-0

'. Payment ofthis aunountwould result ina "holdback"of$47,158.05.

All except $29,434.90 was paid from the Firrn's prepetition retainer.

The Court's Order reduced the allowed amount by $t,500.00.

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COOLEY GODWARD LLP's NOTICE OF 23' COVER SIIEEr APPLICATION CASE NO. 0130923DM 2

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interim fee application eriod 12/01/02 - 03/31/02(6 post-peitibon S 410,379.14 15% of fee holdback interim fee applicaion od TOTAL:

S410,379.14

6.

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 I hereto is the name of each professional who performed services in connection with, this se during the period covered by this Application and the hourly rate for each such professional, and (bj attached as Exhibit 2 are the detailed time and expense statements for the Application Period that compl with all Northem District of Califomia Bankruptcy Local Rules and Compensaton Guidelines and the Guidelines of the Office of the United States Trustee.

7.

The Fim has served a copy of this Application (without Exhibits) on the.Specia Notice List in this case.

8.

Pursuant to this Court's Interim Fee Order the Debtor is authorized to makc 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 authorized to pay the amounts, if any, not subject to the objection.

The Fim is informed and believes that this Application was mailed by first class mail, postage prepaid, on or about May 30,2003.

9.

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 fal fees and expenses as may be allowed by this Court.

10.

The Finm represents and warrants that its billing practices comply with all Northem District of Califomia Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee. Neither the Finn nor any members of the Firm has any 697273 e21/SF qyop21 I.DOC COOLEY GODWARD LLP's NoTicE OF 23" COVER SIIEET APPLICATION CASE NO. 01-30923 DM K.

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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: May 30,2003 COOLEY ODWARD LLP By:

y J,. Michacl Kelly

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Special Co:ŽA to Debtor e

PACIFIC GAS AND ELECTRIC ANY 697273 '21/SF

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ATTORNEYS AT LAW One Maritime Plaza 20th Floor San Francisco, CA94111-3580 I U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001 i j 4

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