ML032180622

Howard, Rice, Nemerovski, Canady, Falk & Rabkin Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for June, 2003

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)

Text

1 JAMES L. LOPES (No. 63678)

JEFFREY L. SCHFER (No. 91404)

• , -- ?

2 WILLIAM J. LAFFERTY (No. 120814)

HOWARD, RICE, NEMEROYSKI, CANADY, 3 FALK & RABKIN A Professional Corporation 4 Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 5 Telephone: 415/434-1600 Facsimile: 415/217-5910 6

Attorneys for Debtor and Debtor in Possession 7 PACIFIC GAS AND ELECTRIC COMPANY 8

UNITED STATES BANKRUPTCY COURT 9

NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 In re Case No. 01-30923 DM HOMMD 13 PACIFIC GAS AND ELECTRIC Chapter 11 Case RN COMPANY, a California corporation, areQ 14 Debtor. [NO HEARING REQUESTED]

AR-wa 15 16 Federal I.D. No. 94-0742640 17 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION 18 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR JUNE. 2003 19 20 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its 21 Cover Sheet Application (the "Application") for Allowance and Payment of Interim 22 Compensation and Reimbursement of Expenses for the Period June 1, 2003 through June 23 30, 2003 (the "Application Period"). In support of the Application, the Firm respectfully 24 represents as follows:

25 1. The Firm is counsel to Pacific Gas and Electric Company, the debtor and 26 debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm 27 hereby applies to the Court for allowance and payment of interim compensation for services 28 rendered and reimbursement of expenses incurred during the Application Period.

WD 072903/1-1419904/1O928S4/vl

I) I) 1 2. The Firm billed a total of $502,285.52 in fees and expenses during the 2 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 3 Period. These fees and expenses break down as follows:

4 5 Period Fees Expenses Total l 6 June,2003 l$ 493,950.50 l $8,335.02 l $ 502,285.52 l 7

8 3. Accordingly, the Firm seeks allowance of interim compensation in the total 9 amount of $428,192.95 at this time. This total is comprised as follows: $419,857.93 (85%

10 of the fees for services rendered)' plus $8,335.02 (100% of the expenses incurred).

11

4. For the post-petition period, the Firm has been paid to date as follows:

12 HOCAD 13 Application Period Amount Applied For Description Amount Paid Rsa mawn, 14 April 6, 2001 through 100% of fees an4.74 July 31, 2001 ( st h$4,646,476.74 expenses 466764 Ah^..d 15 post-petition interim fee application 16 period) 17 August 1, 2001 $3,921,628.38 100% of fees and $3,921,528.382 through November expenses 18 30,2001 (2nd post-petition interim fee

-19 application period)

December 1, 2001 $4,253,813.78 100% of fees and $4,238,243.763 20 through March 31, expenses 2002 (3rd post-21 petition interim fee aplication period).

22 April 1, 2002 through $5,520,001.30 100% of fees and $5,520,001.30 July 31, 2002 (4th expenses 23 post-petition interim 24 fee application period) 25 26 'Payment of this amount would result in a "holdback" of $74,092.57.

2 The Firm had written off an additional $100.00 in fees.

27 3 The Firm had written off an additional $15,570.02 in fees.

28 WD 072903/1-1419904/1092884/vl

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1 Application Period Amount Applied For Description Amount Paid 2 August 1, 2002 $7679231.32 100% of fees and $

through November 7692332expenses $7,679,231.32 3

30,2002 (5th post-4 petition interim fee application period) 5 December 1, 2002 $4,722,304.02 100% of fees and $4,722,304.02 6 through March 31, expenses 2003 (6th post-7 petition interim fee 8 application pe od)

April, 2003 $ 487,079.83 85% of fees and 4 9 __________________ 100% of expenses $ 4882.2 May, 2003 $ 470,792.65 85% of fees and $ 470,792.65 10

_______ ____ ___ ____ ___ ____ ___ 100% of expenses _ _ _ _ _ _ _ _ _

11 Total Paid to the $ 31,701,328.02 $31,684,404.19 Firm to D ate__ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _

12 HOMAD 13 BE 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to ark 15 this Application):

Ah<d- 15 16 Application Period Amount Description 17 April 1-April 30, 2003 $ 79,341.52 15% fee holdback 18 May 1 -May 31, 2003 $ 76,841.85 15% fee holdback 19 Total Owed to Firm to Date $ 156,183.37 20 21 6. With regard to the copies of this Application served on counsel for the 22 Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of 23 the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who 24 performed services in connection with this case during the Application Period and the hourly 25 rate for each such professional; and attached as Exhibit 2 is an Account Summary. The 26 detailed time and expense statements for the Application Period that comply with all 27 4 The Firm had written off an additional $1,253.81 in fees.

28 WD 072903/1-1419904/1092884lv-1 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 2 the Guidelines of the Office of the United States Trustee have been submitted in electronic 3 form to the Office of the United States Trustee and mailed to counsel for the Committee and 4 to the Debtor.

5 7. The Firm is serving a copy of this Application (without Exhibits) on the -

6 Special Notice List in this case.

.7 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 8 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE 9 (Revised March, 2002)" (the "Amended Order), the Debtor is authorized to make the 10 payment requested herein without a further hearing or order of this Court, unless an 11 objection to this Application is filed with the Court by the Debtor, the Committee or the 12 United States Trustee and served by the fifteenth day of the month following the service of Hx~zzRD 13 this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if MAXE GoNZ 1 4i any, not subject to the objection. The Firm is informed and believes that this Cover Sheet 16-18 17 Application was mailed by first class mail, postage prepaid, on or about July 30, 2003.

16 9. 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 18 seek fees and reimbursement of the expenses incurred for the totality of the services 19 rendered in the case. Any interim fees or reimbursement of expenses approved by this Court 20 and received by the Firm (along with the Firm's retainer) will be credited against such final 21 fees and expenses as may be allowed by this Court.

22 10. The Firm represents and warrants that its billing practices comply with all 23 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 24 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any members 25 of the Firm has any agreement or understanding of any kind or nature to divide, pay over or 26 share any portion of the fees or expenses to be awarded to the Firm with any other person or 27 attorney except as among the members and associates of the Firm.

28 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation WD 072903/1-1419904/1092884vl -4s

)

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

) )

1 PROOF OF SERVICE BY FEDERAL EXPRESS 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 I am readily familiar with the practice for collection and processing of documents for 6 delivery by overnight service by Federal Express of Howard, Rice, Nemerovski, Canady, 7 Falk & Rabkin, A Professional Corporation, and that practice is that the document(s) are 8 deposited with a regularly maintained Federal Express facility in an envelope or package 9 designated by Federal Express fully prepaid the same day as the day of collection in the 10 ordinary course of business.

11 On July 30, 2003, I served the following document(s) described as HOWARD, RICE, 12 NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR HO*ID 13 ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND RKE cu 14 REIMBURSEMENT OF EXPENSES FOR JUNE, 2003 on the persons listed below by em Ah_<_W. 15 placing the document(s) for deposit with Federal Express through the regular collection 16 process at the law offices of Howard, Rice, Nemerovski, Canady, Falk & Rabkin, A 17 Professional Corporation, located at Three Embarcadero Center, 7th Floor, San Francisco, 18 California, to be served by overnight Federal Express delivery addressed as follows:

19 Paul Aronzon, Esq.

20 Milbank, Tweed, Wadley & McCloy 601 South Figueroa Street 21 Los Angeles, CA 90017 22 I declare under penalty of perjury that the foregoing is true and correct. Executed at 23 San Francisco, California on July 30,2003.

24 25 26 27 28 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.

15 16 17 17 / S. M&Ibw

~~~~~~~~~~~Janet 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE WD 073101/I-1419903/42/935039/vl