ML032810395
| ML032810395 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/30/2003 |
| From: | Cole A Heller Ehrman White & McAuliffe, 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: ML032810395 (7) | |
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McAuliffe uP MARIE L. FIALA (No. 79676)
PETER J. BENVENUTTI (No. 60566)
ADAM M. COLE (No. 145344)
HELLER EHRMAN WHITE & McAULIFFE LLP 333 Bush Street San Francisco, California 94104-2878 Telephone: (415) 772-6000 Facsimile: (415) 772-6268 Special Counsel for Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY ji-275/0S3 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Case No.: 01-30923 DM Chapter 11 Case
[No Hearing Scheduled]
Federal I.D. No. 94-0742640 HELLER EHRMAN WHITE & McAULIFFE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD AUGUST 1, 2003, THROUGH AUGUST 31,2003 Heller Ehrman White & McAuliffe LLP (the "Firm' or "Heller Ehrman") submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period August 1,2003, through August 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 Pacific Gas and Electric Company, debtor and debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD AUGUST, 2003, THROUGH AUGUST 31, 2003 CASE NO.: 01-30923 DM
1 hereby applies to the Court for allowance and payment of interim compensation for services 2
rendered and reimbursement of expenses incurred during the Application Period.
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The Firm billed a total of $468,803.87 in fees and expenses during the 4
Application Period. The total fees represent 1,469.60 hours6.944444e-4 days <br />0.0167 hours <br />9.920635e-5 weeks <br />2.283e-5 months <br /> expended during the 5
Application Period. These fees and expenses break down as follows:
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McAuliffe LLP Period Fees l
Expenses Total 08/01/03 - 08/31/03
$432,926.10
$35,877.77
$468,803.87
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Accordingly, the Firm seeks allowance of interim compensation in the total amount of $403,864.96 at this time. This total comprises the following: $367,987.19 (85%
of the fees incurred during the Application Period)' plus $35,877.77 (100% of the expenses incurred).
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For the post-petition period, the Firm has been paid to date as follows:2 Application Period Amount Applied For Description Amount Paid 4/6/01 - 7/31/01 (first
$2,264,794.01 100% of fees and
- $2,246,327.813 post-petition interim 100% of expenses fee application period)
'Payment of this amount would result in a holdback" of $64,938.91, equal to 15% of the Firm's fees for services rendered during the Application Period.
2 On December 19, 2000, PG&E paid a retainer to Heller Ehrman in the amount of $350,000.
Pursuant to written agreement between the parties dated December 19, 2000, the retainer is not to apply to current billings in the ordinary course, but instead is to apply to Heller Ehrman's unpaid fees and expenses in the event that PG&E fails to make payment in the ordinary course. 'By written agreement dated April 5, 2001, the parties modified that arrangement to authorize Heller Ehrman to apply the retainer to payment of unpaid pre-petition fees and expenses on matters that are subject to an hourly billing arrangement. The foregoing arrangement was approved by this Court in its June 4, 2001, Order Authorizing Debtor to Employ Heller Ehnnan as Special Counsel (Apr. 17,2001); see also PG&E's Application to Employ Heller Ehnman as Special Counsel m 9-10 (Apr. 17,2001); Declaration of Marie L. Fiala in Support of Application ¶19 (Apr. 8, 2001). As of the date of submission of this Cover Sheet Application, Heller Ehrman has applied
$153,148.07 of the retainer to a portion of its unpaid pre-petition fees and expenses on hourly rate engagements. Heller Ehrman continues to hold a retainer balance of $196,851.93.
3The amount paid reflects a disallowance of $18,466.20 in fees. See Order Approving Heller Ehrman White & McAuliffe LLP's First Interim Fee Application for Allowance and Payment of Compensation and Reimbursement of Expenses for the Period April 6, 2001, Through July 31, 2001 (Nov. 21, 2001); December 12, 2001 Order at pp. 16-17.
2 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD AUGUST, 2003, THROUGH AUGUST 31, 2003 CASE NO.: 01-30923 DM
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1 Application Period Amount Applied For Description Amount Paid 2
8/1/01 - 11/30/01
$2,251,673.88 100% of fees and
$2,231,752.484 (second post-petition 100% of expenses 3 interim fee application period) 12/1/01 - 3/31/02
$2,477,438.24 100% of fees and
$2,477,438.24 5
(third post-petition 100% of expenses interim fee application 6 period) 4/1/02 - 7/31/02
$3,127,427.84 100% of fees and
$3,127,477.88 7 (fourth post-petition 100% of expenses interim fee application period) 9 8/1/02 - 11/30/02
$3,442,121.72 100% of fees and
$3,442,049.42 (fifth post-petition 100% of expenses interim fee application 1 period)_
12/1/02 - 3/31/02
$4,990,707.18 100% of fees and
$4,990,707.18 2 (sixth post-petition 100% of expenses interim fee application 3 period) 4 4/01/03-4/30/03(Apr.
$ 507,133.14 85%offeesand
$ 507,133.14 CSA period) 100% of expenses 5 5/01/03 - 5/31/03 (May
$ 554,258.68 85% of fees and
$ 554,258.71 CSA period) 100% of expenses 6/01/03 - 6/30/03 (June
$ 553,474.58 85% of fees and
$ 553,940.43 7 CSA period) 100% of expenses 3 7/01/03 - 7/31/03 (July
$ 483,969.78 85% of fees and
$ 483,969.79 CSA period) 100% of expenses 9 Total
$20,652,999.05
$20,615,055.08
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To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
Application Period Amount Description First post-petition interim 0
4 fee application period (4/6/01 - 7/31/01) 1' 1(
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2(
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McAuliffe LLP The amount paid reflects a disallowance of $19,921.40 in fees for certain paralegal charges. See Order Approving Heller Ehriman White & McAuliffe LLP's Second Interim Fee Application ¶ 1 (Feb. 27, 2002).
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McAuliffe uP Application Period Amount Description Second post-petition 0
interim fee application period (8/1/01 - 11/30/01)
Third post-petition interim 0
fee ap lication yeriod (12/f/91 - 3/31702)
Fourth post-petition interim 0
fee application enod, (4/1/102 - 7/31/02)
Fifth post-petition interim 0
fe plcation erod Sixth post-petition interim 0
fee application period (12/01/02 - 3/31/03)
April cover sheet 85,468.47 15% fee holdback application period (4/01/03 - 4/30/03)
May cover sheet
$ 88,852.86 15% fee holdback app ica ion period (061/03 - 5/31/03)
June cover sheet
$ 90,026.12 15% fee holdback applicationgprod (6101/03 _ /30/03)
July cover sheet
$ 80,990.48 15% fee holdback application period (7'01/03 - 7/31/03)
Total Owed to Firm to Date
$ 345,337.93
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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 I hereto is the name of each professional who performed services in connection with this case during the period covered by this Application and the hourly rate for each such professional; and (b) attached 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 Guidelines and the Guidelines of the Office of the United States Trustee.
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The Firm has served a copy of this Application (without Exhibits) on the 2
Special Notice List in this case.
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Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE 4
APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 5
on or about July 26, 2001, the Debtor is authorized to make the payment requested herein 6
without a further hearing or order of this Court unless an objection to this Application is 7
filed with the Court by the Debtor, the Committee or the Unites States Trustee and served 8
by the fifteenth day of the month following the service of this Application. If such an 9
objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 10 objection. The Firm is informed and believes that this Cover Sheet Application was mailed 11 by first class mail, postage prepaid, on or about September 30, 2003.
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The interim compensation and reimbursement of expenses sought in this 13 Application is on account and is not final. Upon the conclusion of this case, the Firm will 14 seek fees and reimbursement of the expenses incurred for the totality of the services 15 rendered in the case. Any interim fees or reimbursement of expenses approved by this 16 Court and received by the Firm (along with the Firm's Retainer) will be credited against 17 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 19 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 20 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any 21 members of the Firm has any agreement or understanding of any kind or nature to divide, 22 pay over or share any portion of the fees or expenses to be awarded to the Firm with any 23 other person or attorney except as among the members and associates of the Firm.
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White &
HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD McAutiffe AUGUST 1, 2003, THROUGH AUGUST 31, 2003 Mc~uiffeu.P CASE NO.: 01-30923 DM
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McAuliffe L WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the Firm as requested herein pursuant to and in accordance with the terms of the "ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."
Dated: September 30,2003 HELLER EHRMAN WHITE & McAULIFFE up By:
Adam M. Cole Special Counsel for Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 6
HELLER EHRMAN'S COVER SHEET APPUCATION FOR PERIOD AUGUST, 2003, THROUGH AUGUST 31, 2003 CASE NO.: 01-30923 DM
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N U.S. Nuclear Regulatory Commission Ann: Document Control Desk Washington, DC 20555-0001