ML032901049

Steefel, Levitt & Weiss'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period September 1-30, 2003

ML032901049
Person / Time
Site:	Diablo Canyon
Issue date:	08/20/2003
From:	Fogelman M Pacific Gas & Electric Co, Steefel, Levitt & Weiss
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM, 94-0742640
Download: ML032901049 (6)

Text

1 MARK FOGELMAN (State Bar No. 50510)

HARVEY L. LEIDERMAN (State Bar No. 55838) 2 STEEFEL, LEVITT & WEISS 3 A Professional Corporation One Embarcadero Center, 30th Floor 4 San Francisco, California 94111 Telephone: (415) 788-0900 5 Facsimile: (415) 788-2019 6~,Z 6 Special Counsel to Debtor and Debtor in Possession, PACIFIC GAS AND ELECTIRIC COMPANY 7

8 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICF-CAUFORNIA --

10 SAN FRANCISCO DIVISION U6 11 In Re: Case No. 01-30923 DM 12 PACIFIC GAS AND ELECTRIC Chapter 11 Case 13 COMPANY, a California corporation, 14 Debtor and Debtor in Possession.

15 Federal I.D. No. 94-0742640 W 0a 16 17 STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 18 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD SEPTEMBER 1-30, 2003 19 Steefel, Levitt & Weiss (the "Firm") respectfully submits its Cover Sheet Application (the 20 "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 21 Expenses for the Period September 1-30, 2003 (the "Application Period"). In support of the 22 Application, the Firm respectfully represents as follows:

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1. The Firm is Special Counsel to the debtor and debtor-in-possession in the above-24 referenced bankruptcy case (the "Debtor"). The Firm hereby applies to the Court for allowance 25 and payment of interim compensation for services rendered and reimbursement of expenses 26 incurred during the Application Period.

27 28 SLW SEPTEMBER 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 1_k-l M 15830:6360104.1 k/ 7

1 2. The Firm billed a total of $41,723.90 in fees and expenses during the Application 2 Period. The total fees represent 154.19 hours2.199074e-4 days <br />0.00528 hours <br />3.141534e-5 weeks <br />7.2295e-6 months <br /> expended during the Application Period. These 3 fees and expenses break down as follows:

4 Period Fees Expenses Total 5 September 1-30, 2003 l $40565.22 l $1,158.68 l $41,723.90 l 6 3. Accordingly, the Firm seeks allowance of interim compensation in the total 7 amount of $35,639.12 at this time. This total is comprised as follows: $34,480.44 (85% of the 8 fees for services rendered)' plus $1,158.68 (100% of the expenses incurred).

--- ~ ~ - 4.-- -- For Applicant'sSixth lnterim-Compensation Period, the Firm has been paid to a 10 date as follows:

U 8 11 Application Period Amount Applied Description AmutPaid PM co 9OR&12

.~e I L13;; April 1-30,2003 May 1-31, 2003

$75,398.33 92,918.87 85% of fees and 100% of Expenses 85% of fees and 100% of Expenses

$75,398.33 92,918.87 2iIJ. 14 June 1-30, 2003 56,354.10 85% of fees and 100% of Expenses 56,354.10 14 15 July 1-31, 2003 46,502.42 85% of fees and 100% of Expenses 46,502.42

<gi ~16 August 1-30,2003 33,005.18 85% of fees and 100% of Expenses 0 F; l 17 TOTAL $304,178.90 $271,173.72 18 19 5. Based on its Cover Sheet Applications filed in this proceeding to date, the Firm is E 19 20 owed the following funds held back (excluding amounts owed pursuant to this Application):

21 Application Period Amount Description 22 22nd (Apr. 1-30, 2003) $13,005.83 15% fee holdback and/or portion of fees objected to 23rd (May 1-31, 2003) 16,033.33 15% fee holdback and/or portion of fees objected to-23 24 24th (June 1-30, 2003) 9,558.36 15% fee holdback and/or portion of fees objected to 25 2 5 th (July 1-31, 2003) 7,936.01 15% fee holdback and/or portion of fees objected to 26 265h (August 1-31, 2003) 4,694.72 15% fee holdback and/or portion of fees objected to 27 X Payment of this amount would result in a "holdback" of $6,084.78.

28 SLW SEPTEMBER 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 2 Case No. 01-30923 DM 15830:6360104.1

1 Application Period Amount Description 2 ITOTAL OWED $51,228.25 I 3

6. With regard to the copies of this Application served on counsel for the Committee, 4

counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit 1 hereto is 5

the name of each professional who performed services in connection with this case during the 6

period covered by this Application, the hourly rate for each such professional, and the detailed 7

time and expense statements for the Application Period that comply with all Northern District of 8

California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee.

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7. The Firm has served a copy of this Application (without Exhibit 1) on the Special 8 11 Notice List in this case.

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8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 13 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE (Revised 14 March, 2002)" which was entered on or about March 18, 2002, the Debtor is authorized to make 15 the payment requested herein without a further hearing or order of this Court unless an objection 16 to this Application is filed with the Court by the Debtor, the Committee or the United States 17 Trustee and served by the fifteenth day of the month following the service of this Application. If 18 such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 19 objection. The Firm is informed and believes that this Cover Sheet Application will be mailed by 20 first class mail,- postage prepaid,-oh b7nabout October 13, 2003.

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9. The interim compensation and reimbursement of expenses sought in this 22 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 23 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 24 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 25 Firm (along with the Firm's retainer) will be credited against such final fees and expenses as may 26 be allowed by this Court.

27 28 SLW SEPTEMBER 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 3 Case No. 01-30923 DM 15830:6360104.1

1 10. The Firm represents and warrants that its billing practices comply with all 2 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 3 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 4 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 5 portion of the fees or expenses to be awarded to the Firm with any other person or attorney except 6 as among the members and associates of the Firm.

7 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 8 Firm as requested herein pursuant to and in accordance with the terms of the "SECOND 9 AMENDED ORDER ESTABLISHING INTERIM EE APPLICATION AND EXPENSE 10 REIMBURSEMENT PROCEDURE (Revised March, 2002)."

8 11 Date: August 20,2003 STEEFEL, LEVITT & WEISS l2 v]1ha A Professional Corporation 14~~1 13 14 B i; 2 m 8 Fogelifan

~~~~~~~~~~~~~~~Mark 15 Attorneys for Special Counsel to Debtor and Debtor in Possession, PACIFIC GAS AND l 0} 716 ELECTRIC COMPANY 17 18 19 20 21 22 23 24 25 26 27 28 SLW SEPTEMBER 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 4 Case No. 01-30923 DM 15830-6360104.1

1 PROOF OF SERVICE 2 I, Carol J. Dickerson, declare as follows:

I am employed in the City and County of San Francisco, California, over the age of 4 eighteen years, and not a party to the within cause. My business address is STEEFEL, LEVrIT

& WEISS, One Embarcadero Center, 30th Floor, San Francisco, California 94111. On 5 August 20, 2003, I served the within:

6 STEEFEL, LEVrTr & WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF 7 EXPENSES FOR THE PERIOD SEPTEMBER 1-30, 2003 8 on the interested parties in this action by placing a true copy thereof, along with the appropriate 9 Exhibits, in a sealed envelope, addressed as follows:w 10 James L. Lopes, Esq., et al. Paul S. Aronzon, Esq.

HOWARD, RICE, NmEROVSKI, CANADY, Robert Jay Moore, Esq.

11 FALK & RABKIN, A P.C. MILBANK, TwEED, HADLEY & MCCLOY LLP Three Embarcadero Center, 7th Floor 601 S. Figueroa Street, 30th Floor 12 San Francisco, CA 94111-4065 Los Angeles, CA 90017 13 Patricia Martin, Esq.

14 OFCE OF THE UNrrTE STATES TRUSTEE 250 Montgomery Street, Suite 1000 15 San Francisco, CA 94104-3401 16 BY OVERNIGHT MAIL: By placing such envelope, for collection and mailing at 1-7 Steefel, Levitt & Weiss, San Francisco, California following ordinary business practice. I am readily familiar with the practice of Steefel, Levitt & Weiss for collection and processing of 18 overnight service mailings, said practice being that in the ordinary course of business, correspondence is deposited with the overnight messenger service Federal Express for delivery 19 as addressed.

20 and by serving allparties on the Special Notice List (as of September 24, 2003), by placing a true 2copy of the Cover Sheet Application, without Exhibit 1, in a sealed envelope, addressed to all 21 parties on said Special Notice list, found at:

22 hftp./Iwww.canb.uscourts.govlcanblDocuments.nsf/4fa6cc9d77741519882569e50004dce6/2cb9 23 cc414857666088256a37005a57da1$FILE/_Oal3ichajal76ut2cedq(L.pdf 24 A copy of the Special Notice List is attached to the Original Cover Sheet Application.

25 BY MAIL: By placing such envelope, with postage thereon fully prepaid for first class mail, for collection and mailing at Steefel, Levitt & Weiss, San Francisco, California following 26 ordinary business practice. I am readily familiar with the practice of Steefel, Levitt & Weiss for 27 collection and processing of correspondence, said practice being that in the ordinary course of business, correspondence is deposited in the United States Postal Service the same day as it is 28 placed for collection.

5830:6360104.1 PROOF OF SERVICE - 1

1 I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

2 Executed on (D , 2003, at San Francisco, California.

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5 g C Di~~~ckers'on 6

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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5830:6360104.1 PROOF OF SERVICE - 2