ML032180622
| ML032180622 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 07/30/2003 |
| From: | Lopes J Howard, Rice, Nemerovski, Canady, Falk & Rabkin, 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: ML032180622 (7) | |
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9 10 11 12 HOMMD 13 RN areQ 14 AR-wa 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMES L. LOPES (No. 63678)
JEFFREY L. SCHFER (No. 91404)
WILLIAM J. LAFFERTY (No. 120814)
HOWARD, RICE, NEMEROYSKI, CANADY, FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 Telephone:
415/434-1600 Facsimile:
415/217-5910 Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY
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UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Federal I.D. No. 94-0742640 Case No. 01-30923 DM Chapter 11 Case
[NO HEARING REQUESTED]
HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR JUNE. 2003 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period June 1, 2003 through June 30, 2003 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
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The Firm is counsel to Pacific Gas and Electric Company, the debtor and debtor-in-possession in 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.
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The Firm billed a total of $502,285.52 in fees and expenses during the Application Period. The total fees represent 1,516.7 hours8.101852e-5 days <br />0.00194 hours <br />1.157407e-5 weeks <br />2.6635e-6 months <br /> expended during the Application Period. These fees and expenses break down as follows:
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Period Fees Expenses Total l
June,2003 l$
493,950.50 l
$8,335.02 l
$ 502,285.52 l
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Accordingly, the Firm seeks allowance of interim compensation in the total amount of $428,192.95 at this time. This total is comprised as follows: $419,857.93 (85%
of the fees for services rendered)' plus $8,335.02 (100% of 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 For Description Amount Paid April 6, 2001 through 100% of fees an4.74 July 31, 2001 ( st h$4,646,476.74 expenses 466764 post-petition interim fee application period)
August 1, 2001
$3,921,628.38 100% of fees and
$3,921,528.382 through November expenses 30,2001 (2nd post-petition interim fee application period)
December 1, 2001
$4,253,813.78 100% of fees and
$4,238,243.763 through March 31, expenses 2002 (3rd post-petition interim fee aplication period).
April 1, 2002 through $5,520,001.30 100% of fees and
$5,520,001.30 July 31, 2002 (4th expenses post-petition interim fee application period) 26 27 28
'Payment of this amount would result in a "holdback" of $74,092.57.
2The Firm had written off an additional $100.00 in fees.
3The Firm had written off an additional $15,570.02 in fees.
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9 10 11 12 HOMAD 13 BE ark 15 Ah<d-15 16 17 18 19 20 21 22 23 24 25 26 27 28 Application Period Amount Applied For Description Amount Paid August 1, 2002
$7679231.32 100% of fees and through November 7692332expenses
$7,679,231.32 30,2002 (5th post-petition interim fee application period)
December 1, 2002
$4,722,304.02 100% of fees and
$4,722,304.02 through March 31, expenses 2003 (6th post-petition interim fee application pe od)
April, 2003 487,079.83 85% of fees and 4
100% of expenses 4882.2 May, 2003 470,792.65 85% of fees and 470,792.65 100% of expenses Total Paid to the
$ 31,701,328.02
$31,684,404.19 Firm to D ate__
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To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
Application Period Amount Description April 1 -April 30, 2003 79,341.52 15% fee holdback May 1 -May 31, 2003
$ 76,841.85 15% fee holdback Total Owed to Firm to Date
$ 156,183.37
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With regard to the copies of this Application served on counsel for the Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who performed services in connection with this case during the Application Period and the hourly rate for each such professional; and attached as Exhibit 2 is an Account Summary. The detailed time and expense statements for the Application Period that comply with all 4The Firm had written off an additional $1,253.81 in fees.
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9 10 11 12 Hx~zzRD 13 16-MAXE 17 GoNZ 1 4i 18 16 17 1 8 19 20 21 22 23 24 25 26 27 28 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee have been submitted in electronic form to the Office of the United States Trustee and mailed to counsel for the Committee and to the Debtor.
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The Firm is serving a copy of this Application (without Exhibits) on the -
Special Notice List in this case.
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Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE (Revised March, 2002)" (the "Amended 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 fifteenth 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 Cover Sheet Application was mailed by first class mail, postage prepaid, on or about July 30, 2003.
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The interim compensation and reimbursement of expenses sought in this Application is on account and is not final. Upon the conclusion of this case, 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 be allowed by this Court.
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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 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.
WHEREFORE, the Firm respectfully requests that the Debtor pay compensation WD 072903/1-1419904/1092884vl
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1 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 2
to the Firm as requested herein pursuant to and in accordance with the terms of the Amended 3
Order.
4 DATED: July 30,2003 HOWARD, RICE, NEMEROVSKI, CANADY, 5
FALK & RABKIN 6
A Professional Corporation 7
By:
04-8 JAMES L. LES rneys for Debtor and Debtor in Possession 9
PACIF C GAS AND ELECTRIC COMPANY 10 11 12 HOUvRD 13 at 14 AQ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WD 072903/1-1419904/1092884/vl
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15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY FEDERAL EXPRESS I am employed in the City and County of San Francisco, State of California. I am over the age of eighteen (18) years and not a party to the within action; my business address is Three Embarcadero Center, 7th Floor, San Francisco, California 94111-4065.
I am readily familiar with the practice for collection and processing of documents for delivery by overnight service by Federal Express of Howard, Rice, Nemerovski, Canady, Falk & Rabkin, A Professional Corporation, and that practice is that the document(s) are deposited with a regularly maintained Federal Express facility in an envelope or package designated by Federal Express fully prepaid the same day as the day of collection in the ordinary course of business.
On July 30, 2003, I served the following document(s) described as HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR JUNE, 2003 on the persons listed below by placing the document(s) for deposit with Federal Express through the regular collection process at the law offices of Howard, Rice, Nemerovski, Canady, Falk & Rabkin, A Professional Corporation, located at Three Embarcadero Center, 7th Floor, San Francisco, California, to be served by overnight Federal Express delivery addressed as follows:
Paul Aronzon, Esq.
Milbank, Tweed, Wadley & McCloy 601 South Figueroa Street Los Angeles, CA 90017 I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California on July 30,2003.
PROOF OF SERVICE WD 073101/1-1419903/42/935042/vt
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1 PROOF OF SERVICE BY HAND 2
I am employed in the City and County of San Francisco, State of California. I am over 3
the age of eighteen (18) years and not a party to the within action; my business address is 4
Three Embarcadero Center, 7th Floor, San Francisco, California 94111-4065.
5 On July 30, 2003, I served the following document(s) described as HOWARD, RICE, 6
NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR 7
ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 8
REIMBURSEMENT OF EXPENSES FOR JUNE, 2003 on the parties listed below by 9
causing it to be delivered by hand to:
10 Patricia Cutler 11 Office of the U. S. Trustee 250 Montgomery Street, Suite 1000 12 San Francisco, CA 94104 13 I declare under penalty of perjury that the foregoing is true and correct. Executed at REZ
'¶ANN 14 San Francisco, California on July 30, 2003.
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~~~~~~~~~~~Janet S. M&Ibw 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE WD 073101/I-1419903/42/935039/vl