ML031820156
| ML031820156 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/19/2003 |
| 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: ML031820156 (6) | |
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARK FOGELMAN (State Bar No. 50510)
HARVEY L. LEIDERMAN (State Bar No. 55838)
STEEFEL, LEV1TT & WEISS 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 4~-1
'5 UNIlED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 01-30923 DM 3CTRIC Chapter 11 Case In Re:
PACIFIC GAS AND EUI COMPANY, a California Debtor and De
.corporation,
,btor in' Possession.
Federal I.D. No. 94-0742640 J
STEEFEL, LEVrIT & WEISS'SCOVER SHEET APPLICATION FOR ALLOWANCEAND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD MAY 1-31. 2003 Steefel, Levitt & Weiss (the "Firm") respectfully submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period May 1-31, 2003 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
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The Firm is Special'Counsel to the debfor'and debtor-in-possessionin the above-
-referenced bankruptcy case (the 'Debtor"'). The Firm 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 MAY 2003 COVER SHEET APPUCATION FOR ALLOWANCE AND PAYhENT Case No. 01-30923 DM 15830:6348139.1 IR
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the Firmi billed a total of $108,952.20 in fees 'and expenses during the Application Period. The total fees iepresentf125.31 hours3.587963e-4 days <br />0.00861 hours <br />5.125661e-5 weeks <br />1.17955e-5 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period Fees Expenses Total.
May I-31,2003
$106,888.90' l
$2,063.30 l
$108,952.20 l
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Accordingly, the Firm seeks allowance of interim compensation in the total amount of $92,918.87 at this time. This total is comprised as follows: $90,855.57 (85% of the fees for services rendered)' plus $2,063.30 (100% of the expenses incurred).
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For Applicant's Sixth Interim Compensation Period, the Firm has been paid to date as follows:
Application Period Amount Applied For Description Amount Paid Apr. 1-30, 2003
$75,398.33 85% of fees and 100% of Expenses
$75,398.33 TOTAL
_ $75,398.33
$75,398.33
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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):
Application. Period Amount l
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.
28, 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 22nd (Apr. 1-30, 2003) 13,005.83 15% fee holdback and/or portion of fees objected to TOTALOWED-
$51,199.60.
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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 ewc professional who performed services in connection with this case during the Payment of tbis amount would result in a "holdback" of $16,033.33.
SLW MAY 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 2
Case No. 01-30923 DM 15830:6348139.1
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period covered by this Application, the hourly rate 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 4
Office of the. United States Trustee.
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The Firm has served a copy of this, Apolication (without Exhibit 1) on the Special 6
Notice List in this case.
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Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISH[NG 8
-INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE (Revised 9
March, 2002)" which was entered on or about March 18, 2002, the Debtor is authorized to make I:
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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 amouitst-if any, not subject to the 14 objection.; The Firm is informed and believes that this Cover Sheet Application will be mailed by 15 fis cls mal potg
- ;i 15 first class mail, postage prepaid, on or about June 20, 2003.
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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 -Firm (along -with the Firm's retainer) will be credited -against such final fees and-expenses as may 21 be allowed by this Court.
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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 Stat'es Trustee.- Neither the Firm nor any members of the 25 -
Pirm-has any agreement or understi~ndinggof6any kind or nature to divide, pay over or share any
'26 portion of the fees or expenses to be awarded to the WFiii with iiy other person or attomey except 27 as among the members and associates of the Firm.
28 SLW MAY 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 3
Case No. 01-30923 DM 15830:6348139.1
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10 11 12 13 14 15 16 17i 18 19 20 21 22 23 24' 25 26 27 28 WHEREFORE, the lirm 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 INRIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE (Revised NMirch, 2002)."
Date: June 19,2003 STEEFEL, LEVIlT & WEIS; A Professional Corporation, By:
Mark Fog66an Attorneys for Special Counsel to Debtor and Debtor in Possession, PACIFIC GAS AND ELECTRIC COMPANY I
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SLW MAY 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830-6348139.1 4
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.):PROOFOFSERVICE
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I, Anne Ogonowski, declare as follows:
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' I am employed in the City and County ofS-Francisco, California, over the age of 4
eighteen years, and not a party to the within cause,,. My business address is STEEFEL, LEV[IT
& WEISS, One Embarcadero Cen'ter, 30th Floor, S-an Francisco, Californi'i 94111. Oni June 20,
- 5 2003, 1 served the within:
6 STEEFEL, LEvITT & WEISS'S COVER SHEET APPLICAION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF 7
EXPENSES FOR THE PERIOD APREL 1-30, 2003 8
-on the interested parties in this action by placing a true copy thereof, along with the appropriate 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.
I-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 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 June 12, 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:/wlww.canb.uscourts.gov/canblDocuments.nsf/4fa6cc9d77741519882569eSO004dce6/2cb9 cc414857666088256a37005a57dal$FILEIOal3ichajal76ut2cedqO.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 15830:6348139.1 PROOF OF SERVICE - 1
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I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
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Executed on June 20,2003, at San Francisco, California.
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Anne gonowski 5
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