ML032180472
| ML032180472 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 07/31/2003 |
| 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: ML032180472 (2) | |
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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
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I I I ;-', g6 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION In re Chapter I1 PACIFIC GAS AND ELECTRIC Case No. 01-30923 DM COMPANY, a Califomia corporation,
..Wbt~i COOLEY GODWARD LiP'S TwENTY-FlFTH
~bebtor.
COVER SHEET AprucATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION Federal ID No. 940742640 AND REIMsURsEMEN oP EXPENSES FOR TiE PIuODJUNE1,2U03-JNE30,2003
[No Hearing ScI~eduledJ Cooley Godward LLP (the Firm!'submits this Twenty-Fifth Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensatiot and Reimbursement of Expenses for the Period June 1,2003 - Jue.30, 2003 (the "Application Peribd").
This Application Js made pursuant to the Order Establishing Interim 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 May 18, 2002 ("Interimn Feq Qrdr"). Paragraph 4 of the Interim Fee Order contemplatq 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 v235F COOLEY GODWARD LLP'S NorrTIC
- y0p231.DOC OF 2Sr COVER SHUT APPLICATION CA No. 014923 DM 12 3
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expenses incurred during the Application Period.
- 2.
The Firm billed a total of S146,613.50 in fees itnd expenses during the Application Period. The total fees represent approximately 367.30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br /> expended during the period covered by this Application. These fees and expenses break down as follows:
PERIOD I
FEES I
EXPENSES I
TOTAL June I toJune30, 2003 I 137,39.50 I S9,274.00 I 146.613.50
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the amount of a total of $126,012.58 at thistimc This total is comprised as follows: S116,738.58 (85%) of the fees for services riedered' pis S9,274.00 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:
APPLICATION PERIOD AMOUNT APPLIED DESCIUrlON AMOUNT PAID FOR O406101-07/31 1(I post-petition S305,205.04 100%offeenand S305,205.04' interim fee Application peiod) expenses 0uo 1/0 1-I1/30/01,(2-pVt.peition 59t1,4t3.45 100% of fes n9d 9591453.45 interim f a:p:ication period) expenses 12/0101 -0)3/l2 (3-postptiton s71,865.23 100% oqf and 178I1.65.23 interim fee tpplicaston eriod) expenses 04101/02 -073102 (4' poat-patiton S1,123,3t4.94 100% of fees and S,121,U4.94e interim fiee application perod) expenses 0ll02-I 3/30/02 (5" pm-petition S4,005,614.70 100%offees and -4,005,614.70 interim fee application eriod)
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expenses 12/01/02 -03/31/03 (6 post-petition 13,1f0,342.1 100%offeesand 53,150,342.I Interlmfec application period) expenses 04/0103-04/30/03 (April cover S276,S93.07 S5% of fee and 100%
5276,593.09 sheet applicationperiod) ofexpenses 0SI01/03 -0sn03 (May cover S235,100.05 SS%of fes and 100X S235,100.06 sheet applistion period).___._,
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ofgxpenses TOTAL S1I089,589.29
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S1 8,109.32 "S.
To date, the Firm is owed as follows (excluding amounts owed pusuant to this Applkcitiofi):
APPLICATION PERIOD AMOUNT DESCRIPTION 0406/01 - 07/3 1/01.(
post-pet.n S interim fee application period) 08/0I/0I -II/30 (2-post-pstion S interim fee appilcation perod) 12/01l0 I-D331/02 (3 "ostrDatition S1 Payment of this amount would result in a "holdback" of S20,600.93.
All except S29,434.90 was paid fene the Firm's prepetition retainer.
The Couls Order reduced the alowed amount by 1,500.00.
691T73 s23/5F 2.
CooLEv CODWAI LLP'S NoTIcE OF 25" CoVER SHEET APCTIo CASE No. 01-30923 DM
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- 8. T interim fe application priod) 04101/02 -07131102 (4 post-petition O.
interim fee application rriod) 12/01/02-0/302(
post-petition I
interim fee application period) 12/01/02-03/3102(6 post-vetition S-0 shere application period) 0410 1103 -04/0103 (April cowe
$47,158.03 15%olffeeholdback sheet application Period)
--I 05/01/03 -05/31/03 (May cover S38,756.0n ls%of feeholdbck sheet application period)
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TOTAL: 1 5,9114.12 1
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- 6.
With regard to the copies of this Application served on counsel 'for the Comiit*e4 counsel for the Debtor and the Office of the United States Trustee, attachedxas hibit I hezeoj the name of each professional who performed services in connection with this ose dup4 the period covered by this Application and the hourly rate for each such professional; and b) attahe as Exhibit 2 are the detailed time and expense statements for the Application Period-that comply with all Northern District of California Bankruptcy Local Rules and Compensation iideline the Guidelines of the Office of the United States Trustee.
- 7.
The Firm has served a copy of this Application (without Exhibits) on the Special Notice List in this case.
- 8.
Pursuant to 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, Debtor is authorized to pay the amounts, if any, not subject to the objection.
The Firm is informed and believes that this Application was mailed by first class mail, postage prepaid, on or about July 31,2003.
- 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 final fees and expenses as may 2
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a.. now.
be allowed by this Court.
- 10.
The Firm represents and warrants that its billing practices comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the 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.
WiEiSFORE, 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: July 31,2003 COO GODWARD LP By:
Special Ito Debtor PACIFIC GAS AND EL ANY 69723 SF o0put.moc COOLEY GoowRD LLP's NOICE OF 25" COvEa SHEET AWLcATm CAszNo. 0149.23 DM 697273,23SF lyOp231flOC 3.
COOLlY GooWARD LL's NOTICE OF 25" COVER SIear AMrUCAtIO CAs No. 01-0923 DM 4.