ML031570311

Milbank, Tweed, Hadley & Mccloy Llp'S Cover Sheet Application for Allowance and Payment of 18 Interim Compensation and Reimbursement of Expenses for April 2003

ML031570311
Person / Time
Site:	Diablo Canyon
Issue date:	05/28/2003
From:	Aronzon P Milbank, Tweed, Hadley & McCloy, LLP, Official Committee of Unsecured Creditors
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
SF 01-30923 DM
Download: ML031570311 (4)

Text

1 Paul S. Aronzon (#88781)

Robert Jay Moore (#77498) 2 Michael I. Sorochinsky (#166708) 3 MILBANK, TWEED, HADLEY & McCLOY LLP 601 South Figueroa Street, 30th Floor 4 Los Angeles, Califomia 90017 Telephone: (213) 892-4000 5 Facsimile: (213) 629-5063 6 Counsel for Official Conmittee 7 of Unsecured Creditors 8

9 UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 In re Case No. SF 01-30923 DM 15 PACIFIC GAS AND ELECTRIC Chapter 11 COMPANY, a California corporation, 16 MILBANK, TWEED, HADLEY & McCLOY 17 Debtor. LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF 18 INTERIM COMPENSATION AND 19 REIMBURSEMENT OF EXPENSES FOR APRIL 2003 20 Hearing 21 Date: [None Required]

22 Time: [None Required]

23 Place: 235 Pine Street, 2 2 nd Floor San Francisco, CA 24 25 26 27 28 LA1 .#6261776vl Cover Sheet Application for April 2003

1 Milbank, Tweed, Hadley & McCloy, LLP (the "Firm') submits its Cover Sheet 2

Application (the "Application") for Allowance and Payment of Interim Compensation and 3

Reimbursement of Expenses for April 2003 (the "Application Period"). In support of the 4

Application, the Firm respectfully represents as follows:

5

1. The Firm is counsel to the Official Committee of Unsecured Creditors in the 6

Pacific Gas and Electric Company ("Debtor") bankruptcy case. The Firm hereby applies to the 7

Court for allowance and payment of interim compensation for services rendered and 8

reimbursement of expenses incurred during the Application Period.

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2. The Firm billed a total of $261,227.11 in fees and expenses during the 10 Application Period. The total fees represent 608.60 hours6.944444e-4 days <br />0.0167 hours <br />9.920635e-5 weeks <br />2.283e-5 months <br /> expended during the Application 11 Period. These fees and expenses break down as follows:

12 13 Period Fees Expenses Total 14 04/01/03 - 04/30/03 $243,389.00 $17,838.11 $261,227.11 15 16

3. Accordingly, the Firm seeks allowance of interim compensation in the total 17 amount of $224,718.76 at this time. This total is comprised as follows:

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$206,880.65 (85% of the fees for services rendered)I plus $17,838.11 (100% of the expenses 19 incurred).

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4. For the post-petition period, the Firm has not been paid $494,645.87 to date for 21 fees and expenses.

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5. To date (through 5/30/03) the Firm is owed as follows (including amounts 23 owed pursuant to this Application):

24 25 26 27 28 'Payment of this amount would result in a "holdback" of $36,508.35.

LAI 6261776vl Cover Sheet Application for April 2003 -I -

1 2

Application Period Amount Description 3 Twenty-First (December 1 - December 31) $71,043.60 15% holdback 4 Twenty-Second (January 1 - January 31) $65,391.08 15% holdback 5

Twenty-Third (February 1 - February 28) $49,343.55 15% holdback 6

Twenty-Fourth (March 1 - March 31) $47,640.53 15% holdback 7

Twenty-Fifth (April 1 - April 30) $261,227.11 April fees and costs 8

9 Total Owed to Firm to Date $494,645.87 10 6. With regard to the copies of this Application served on counsel for the Debtor 11 and the Office of the United States Trustee, attached as Exhibit '1 hereto is the name of each 12 professional who performed services in connection with this case during the period covered by 13 this Application and the hourly rate for each such professional; and (b) attached as Exhibit 2 are 14 the detailed time and expense statements for the Application Period that comply with all 15 Northem District of Califomia Bankruptcy Local Rules and Compensation Guidelines and the 16 Guidelines of the Office of the United States Trustee.

17 7. The Firm has served a copy of this Application (without Exhibits) on the 18 Special Notice List in this case.

19 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 20 INTERIM FEE APPLICATION AND EXPENSE RE1MBURSEMENT PROCEDURE" which 21 was entered on or about March 18, 2002, the Debtor is authorized to make the payment requested 22 herein without a further hearing or order of this Court unless an objection to this Application is 23 filed with the Court by the Debtor or the United States Trustee and served by the fifteenth day of 24 the month following the service of this Application. If such an objection is filed, Debtor is 25 authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and 26 believes that this Cover Sheet Application was mailed by first class mail, postage prepaid, on or 27 about May 30, 2003.

28 LA1 :#6261776vl Cover Sheet Application for April 2003

9. The interim compensation and reimbursement of expenses sought in this 2 Application is on account and is not final. Upon the conciusion of this case, the Firm will seek fees and reimbursement of the expenses incurred for the totality of the services rendered in the 4

case. Any interim fees or reimbursement of expenses approved by this Court and received by the 5 Firm will be credited against such final fees and expenses as may be allowed by this Court.

6 10. The Firm represents and warrants that its billing practices comply with all Northem District of Califomia Bankruptcy Local Rules and Compensation Guidelines and the 8 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 9 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 10 portion of the fees or expenses to be awarded to the Firm with any other person or attomey 121 except as arnong the members and associates of the Firm.

12 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to 13 the Firm as requested herein pursuant to and in accordance with the terms of the "SECOND 14 AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE 15 REIMBURSEMENT PROCEDURE."

16 DATED: MayZ82003 17 18 MILBANK, TW D LEY & McCLOY LLP 19 By:_ _

20 1'ul S. Jay Robert Aronzon Moore 21 Michael I. Sorochinsky 22 Attorneys Creditors for the Official Committee of Unsecured 23 24 25 26 27 28 LA1#6261776v0 Cover Sheet Application for April 2003