ML031900093
| ML031900093 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/30/2003 |
| From: | Schenker M 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: ML031900093 (6) | |
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19 20 21 22 23 24 25 26 COOLEY GODWARD LLP J. MICHAEL KELLY (133657)
MARTIN S. SCHENKER Q9828)
GREGOS. KLEINER(141311)
V 33 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. 01-30923 DM COMPANY, a California corporation, COOLEY GODWARID LLP'S TWENTY-FOuRTn Debtor.
COVER SfET APPuCATiON FOR ALLOwANCE AND PAYMENT OF INTErIM COMPENSAnON Federal ID No. 94-0742640 AND REIMURsEMENT or ExPENsEs FOR THE PERIOD MAY 1, 2003 - MAY 31,2003
_.... [No Hearing Scheduled]
Cooley Godward UP (the 'Firm) submits this Twenty-Fourth Cover Sheet Application (the 'Application") for Ailowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period May 1, 2003 -May 31, 2003 (the "Application Period").
This Application is made pursuant to the Order Establishing Interim Fee Application and Expense Reirbumement Procedure that was entered on or about June 26, 2002, as amended November 8, 2002, and amended again as of May 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 "Iterim Compensation").
In support-of this Application, the Firm respectdly represents as follows:
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The Firm is Special Counseltto the Debtor. The Finn hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of 6972VnS,
COOLEYGODWAD LLP's NOTc nylp1DOC.
o 24" CovESaurAwrucAnor#
1 CAsE NO. 0140923 DM I
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expenses incurred during the Application Period.
2, The Firm billed a total of 3273,856. 15 in fees and expenses during the Application Period. Thetotal fees representapproximately 821.10 hotus expended duing the period covered by this Application. These fees and expenses break down as follows:
PERIOD I
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EXPENSES TOTAL MayI toM 31, 2003 S251 7400 I 15,432.15 S273,856.15 3
Accordingly, the Finn seeks allowance of interim compensation in the amount of a total of 3235,100.05 at this time. This totd is comprised as follows:
219,617.90 (85%) of the fees for services rendered plus S15,482.15 (100% bf the expenses incurred).
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For the post-petition period, the Firm has been paid to date as follows:
APPLICATION PERIOD
-AmOUNT APPLIED DzSCRiPTiON AMOUNT PAID FOR 04/0601 -07/31/01 (1 post-petition S305,205.04 *I00% of fe and S305,205.04 interim fee application period)
.XPan.,.
Oa/01d01 -11/30/01 (2¶oe-petiion S981,483.45 lots of fennV a
9i,4 345 interim fee application period) 12,0101- 03/31/02 (3. pot-petition S7SI,865.23 100% fferesand
.S781,865.23 interim fee application period).
04/01/02 -07/31/02 (4" postpeition SI,123,354.94 100%offemnd S1,121,884.94' interim fee appIicalion eriod) es 0/01/02-I 1/30/02(5 post-tition S4,005,614:70 100% offremnwd 54,0P5.614.70 interim ree application rild) 12/0102 -03/31/03 (6 postetition3, 180,342.1 100%offeeasnd 2,769,963.67 interim fee application period) exper______,,a_.
0401/03 -04/3003 (April cow S276,593.07 85%offees mand 100%
S00 Iiect applicdion period) l expanses TOTAL S5A,654,49245 9,966,017.03
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To date, the Firm is owed as follows (excluding amiount owed pursuant to this Application):
APPLICATION PERIOD AMOUNT DESCRIlTON 0406/0 -07131/01(l'post-pdion S.0 -
intrimfeeappienionperiod) interim fee application period) 2.01/0 -0313l/02(3 post-petition
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interim fee application geriod) 10/0102 -0731/02 (4 post-peion S-27 28
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Pymant of tiis anount would remslt in alioldback"'of S38,756.10.
All except S29,434.90 was paid from the Firm's prepetition retainer.
The Courst Order reduced the allowed aotunt by S1,S00.00.
69773 V2llSF O22CWO 2.
COOLr GoDWAIb LLP's NOTIcE OF24" Cove Saw APucAnon CAsE No. 0140923 DM
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interim, fee applic 08/31/02 -11/30' interim fee ajliii 12/01/02 -03/31) iint~rim fee applic 04/01/03 - 04130/
sheet application I 04/01/03 -04/30/
sheet appicasit 7 (
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atibon teiod)
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/02(5 post.petition
. s-cAtion prod) x I02 (6r post-petition 5410,379.14 15% of fee holdback ation period) 03 (April cover S47,158.05 15%offeeholdback period).
03 (April cover S276,593.07 85% of fees and 100%/o of expenses
, eriod).' s (NOT YET PAID).
TOTAL:
S734,130.26 2
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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 Guidelines ahd the Guidelines of the Office bflthe 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 or share any portion of the fees or expenses to be awarded to the Firm'with any other person or attorney except as among the members and associates of the Firm.
WHIEREFORE, the Firm resiectfulny 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: June 30,2003 COOLEY GODWARD LLP
'By~ @* 1/s J Michael Kelly 6 '
With regard o thhicopies of this Applicaiion'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 profesi6nal w perirned services in ionnectibn with this case during the period overed by this' Aplkiiatiddi n ihe hourly rate for each such professional; and (b) attached as Exhibit 2 are the detailed timie nd expense statements for the Application Period that comply with all Northern Digict'oftalifomia Bankruptcy Local-Rules and Compensation Guidelines and the Guidelines of the Office of the United Statc Trustee.
-,"-.-The Firm hasserved a copy of this Application (without Exhibits) on the'Special Notice List in this case!':;- i, Pursuant 16 this Court's Interim. Fee Order 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 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, Debtoris authorized to pay the amounts, if any, not subject to the objection.
The Firm is Mnfomiid and believes that this Applidation was iail& by first class mail, postage v
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prepaid, on or about June 30,2003.
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T The interim compensation and reimbursement of, expenses. sought in this Application is dn account and is not final. Upon'the conclusion of these cases, the Firm wili 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 final feeds and expenses as may be allowed by this Court.
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697273 v22/5P "2O2!.DOC
- J. Michael Kelly Special Counsel to Debtor.
PACIFIC GAS AND ELECTRIC'COMPANY J..
697271 v22/SF I "p221.30C i CooLry GODWARD LLP's Nnct OF 24" COVER SEEr APPLIcATtoN CAsE No. 0130923 DM 4.
COOLtY GODWARD LLP's NOTIcZ OF 24' COVER 51E ALICcAToN CAsz No. 01.30923 DM 3.
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9 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 23 coxcwwhwu, AL-AA?&A COOLEY GODWARD LLP STEPHEN C. NEAL (170085)
MARTIN S. SCHENKER (109828)
J. MICHAEL KELLY (133657)
One Maritime Pla, 20th Floor San Francisco, CA 94111-3580 Telephone:
(415) 693-2000 Facsimile:
(415) 951-3699 Specal Ctsel foi Debtor PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation, Debtor,.
Federal ID. No.94-0742640 CaseNo. 01-30923 DM Chapter 11 Case FIM SUPPLIMETAL EMPLOvYs DECLARATION OF MARTIN S. SCHENKER REGARDING COOLEY GODWARD LLP'S EMPWymENTAS SPECIAL COUNSELTO nE DEBToR Am DEToR-Ir-PosszsssoN No Heazing Requested 2
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_n h Application"), filed herein on April 26, 2001. The Original Application was supported by my declaration filed on that same date. Pursuant to that catain Debtor's Supplemental Application For Amended Order Authorizing Expanded Employment Of Cooley Godward LLP (F"Tht Supplemental Application") filed on August 31, 2001, the declaration of my fellow Cooley partner Samuel M. Livermore in support of the First Supplementil Application filed on that same date, and-that certain Amended Order Authorizing Employment Of Cooley Godward LLP As Special Counsel To Debtor And Debtor-In-Possesion filed on September 13, 2001 ("First Amended Order, Cooley was, among other things, additionally authorized to be employed by Debtor pursuant to Section 327(e) and, to the extent applicable, SectIon 327(a) of the Bankruptcy Code, to peforn the additional services described in therein.t Pursuant to that certain Debtor's Second Supplemental Application For Amended Order Authorizing Expanded Employment Of Cooley Godward LLP filed on March 15? 2002 my second supplaeental declaration filed on that sane date, and that certain Second Amended Otder Authorizing Employment of Cooley Godward LLP As Coiznsel To Debtor And Debtrln-Posaession filed on March 25, 2002 C"Second Amended Order"), Cooley was, among other things, authorizet to be employed by Debtor pursuant to Section 327(e) andtor Section 327(a). as applicable, to perform the additional services as described therein. On May 20, 2002, we filed that certain Third Supplemental Employment Declaration of Martin S. Schenker Regarding Cooley Oodwrd LP's Employment As Special Counsel To The Debtor And Debtor-In-Possession, in which we made certain additional diiclosurfts that came to our attention pursuant to certain supplemental investigations. Finally, on August 30,2002, we filed a Fourth Supplemeital Employmet Declaration of Martin S. Schenker Regarding C"ey Godward LLP's Employment As Special Counsel To The Debtor and Debtor-In-Possession ("Fourth Spplemenital' Declaration")' in which-we made catain additional disclosures that came to our attention pursuant to certain supplemental investigations.
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This declaration supplements our prior declarations in spport of our employment
'Also, we filed that certain Supplemental Declaration of Martin S. Schenker Regarding Cooley Godward-LLP's Employment As Special Counsel To The Debtor And Debtor-In-Possession on August 22, 2001, detailing certain services Debtor had requested Cooley provide which Debtor and we believed were covered by the Original Order, and the Court made a finding to this effect in the First Amended Order.
SVIM ON
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-Amov Wo.Coov GowS LM L
1, Martin S. Schenker, declare.
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lam an attorney at law, duly qualified and admitted to practice before this Court. I am a paruer of Cooley Godward LLP C-Cooley"). I have personal knowledge of the facts stated herein, and if called as a witness I could and would testify compeently tbereto.
BACKGROUND
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Pacific Oas and Electric Company, the debtor and debtor-in-possession herein
("Debtor"), originally retained Cooley as special counsel pursuant to that certain Order entered on May S. 2001 COriginal Order, approving that catain Application For Authority To Employ Cooley Godward LLP As Special Counsel to Debtor and Debtor-In-Possession ("Original gas V3W Fim SurrL D orMArm.Sami ft mnnaymn or CoM No 01 -30G D C
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-l,.f At L.A 5..,.p herein. Pursuant to Bankruptcy Rule 2014, 1 make this declaration to disclose to the Court, the United States Trustee, and'other` interested parties additional connections with the Debtor which have recently iisen pursuant t our contemplated representation of an entity that filed a proof of claim againsi th6-'Debtor.
Part of Cooley's approved expanded employment by the Debtor pursuantto the Secoid Amended Order involves assisting with litigation in connection with the Debtor's plan of reoganization and/or opposition to other proposed plans. Accordingly, Cooley is now assisting the Debtor on matters which may be adverse to positions held by (1) creditors under the Debtor's proposed plan of reorganization (the "Plan Creditors), and (2) parties who filed objections to the Debitr's proposed disclosure statement (the "Disclosure Statement Objecting Parties"). The following disclosures relate to Plan Creditors and Disclosure Statement Objecting' Parties to which we now have or contemplate having connections that were not previously disclosed:
PLAN CREDITORS, (a)
Wells Fargo Finacial Leasing, Inc. ("Wells Fargo Financial Leasing") is a Plan Creditor, having filed a proof of claim against the Debtor. We were recently asked to represent Wells Fargo Financial Leasing'in connection with certain equipment financing and software financing vendor progranms unrelated to the Debtors or these proceedings. However, while Wells Fargo Financial Leasing is a Plan Creditor and Cooley is performing services on behalf of the Debtor in connection with the Debtor's plan and the opposing plan, we have not and will not during the pendency of our'enployment herein represent Wells Fargo Financial Leasing in any matter relating to the Debtor or these bankruptcy proceedings.
(b)
Wells Fargto Bank Minneiota, N.A. ('Wells Fargo Bank Minnesota") is also a Plan Creditor, havingifiled'a proof of claim against the Debtor. Wells Fargo Bank Minnesota is an affiliet of Wells Fargo Financial Leasing. -Although we do not represent, and will not represent, Wells Fargo Bank' Minnesota, Wells Fargo Financial Leasing considers any representation by'Cooley adverse to any, of its affiliates, inchiding'Wells Fargo Minnesota, a conflict of interest as to Wells Fargo Financial Leasing._'
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As a result of these additional connections, we have obtained an FIFT SUPFL Dcc.. OF MARIM S. Scnewa RE t22t55v 3I
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EMrioV,4NrOF COOL!V GODwARD LLP hm%3031MOC No~e140923DM 2
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appropriate waiver by Wells Fargo Financial Leasing which permits Cooley to be adverse to Wells Fargo Financial Leasing, including any affiliate of Wells Fargo, Financial Leasing, in connection with our representation of the Debtors in these banutcy proceedings.
DtscLOSUREOFNEWCONNECTIONS (d)
Cooley recently employed.a lateral litigation associate inlour Reston, Virginia office who, at his previous firm, performed very, limited services on behalf of the California Public Utilities Commission (the "CPUC" in connection with proceedings before the Federal Energy Regulatory Commission ("FERC') relating to regulatory approval of certain applications that relate to Debtor's plan of reorganization. Our new lateral attomey, however, was not directly involved in any other aspect of the Debtor's bankruptcy proceedings. Also, this lateral attorney will not be involved in Cooley's representation of the Debtor. We believe this connection is de minimis, but in an abundance of caution, the lateral attorney has obtained a conflict waiier from the CPUC, and we have put in place an ethical screen between this lateral associate and matters relating to the Debtor.
(e)~. Finally, Cooley recently employed a lateral bankruptcy special counsel in our San Diego, California office who, at her previous firm, was involved in its representation of U.S. Bank National Association, successor by merger with U.S. Bank Trust National Association, in its apacity as trustee under various indentures ("U.S. Bank"), a Plan Objecing Party, in connection with its claims in the Debtor's bankruptcy. U.S. Bank executed a conflict waiver in connection with Cooley's employment of this lateral attorney, and the lateral attorney agreed not to disclose any confidential information of U.S. Bank or to undertake any to perform any services on behalf of the. Debtor involving. U.S. Bank.
As previously disclosed in' our Fourth Supplemental Declaration regarding our representation of U.S. Bank on matters uIrelated to the Debtor, while Cooley is performing services on behalf of the Debtor in conAection with the Debtor's plan and the opposing plan, we are not and will not be involved in any aspect of either plan specifically relating to the objection by U.S. Bank. Nevertheless, this lateral attorney has not been and will not be involved in any way with Cooley's representation of the Debtor, and in an abundance of caution, we have put in place an ethical screen between this lataril attorney and fSnSS 35F F FTH SuPM DIcc. OF MAIN S. SCHENICtE RE hmX3o3lD 4c Emn Eno or Cooty GODWARD LU' CAsE No. 01.30923 DM
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We do not believe that any of the above connections preclude Coolcy's authorlzw employment by the Debtor under either Section 327(e) or 327(a) of the Banru
. Code, aM i believe that Cooley still satisfies any applicable Bankruty Code requiements for such employment. However, if the Court, the representative of the United States Truste, or other interested parties have any cotneems about tis-additional disclosure, we invite any eomnentS or requests for earing, and we will set a hearing on this matter as soon-as practicable if so requested.
1 declare under tre enalty of penjury under the laws of the United States of America and the State of California the foregoing is true and correct Executed at San Francisco, California on June 2 2003.
Martin S. Schenker
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