ML033230393
| ML033230393 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 11/12/2003 |
| 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: ML033230393 (6) | |
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARK FOGELMAN (State Bar No. 50510)
HARVEY L. LEIDERMAN (State Bar No. 55838)
STEEFEL, LEVIT & WEISS A Professional Corporation One Embarcadero Center, 30th Floor San Francisco, California 94111 Telephone: (415) 788-0900 Facsimile: (415) 788-2019 Special Counsel to Debtor and Debtor in Possession, PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 01-30923 DM CTRIC Chapter 11 Case 3E-o In Re:
PACIFIC GAS AND ELE COMPANY, a California corporation, Debtor and'Debtor in Possession.
Federal I.D. No. 94-0742640 STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD OCTOBER 1-31, 2003 Steefel, Levitt & Weiss (the "Firm") respectfully submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period October 1-31, 2003 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
- 1.
The Firmiis Special Counsel to 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.
SLW OCTOBER 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830:6363605.1 1
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- 2.
The Firm billed a total of $48,497.48 in fees and expenses during the Application Period. The total fees represent 162.74 hours8.564815e-4 days <br />0.0206 hours <br />1.223545e-4 weeks <br />2.8157e-5 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period Fees Expenses Total October 1-31, 2003
$43,099.62
$5,397.86
$48,497.48
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $42,032.54 at this time. This total is comprised as follows: $36,634.68 (85% of the fees for services rendered)l plus $5,397.86 (100% of the expenses incurred).
- 4.
For Applicant's Sixth Interim Compensation Period, the Firm has been paid to date as follows:
Application Period Amount Applied Description Amount Paid
_ _ _ _ _ _F o r April 1-30, 2003
$75,398.33 85% of fees and 100% of Expenses
$75,398.33 May 1-31, 2003 92,918.87 85% of fees and 100% of Expenses 92,918.87 June 1-30, 2003 56,354.10 85% of fees and 100% of Expenses 56,354.10 July 1-31, 2003 46,502.42 85% of fees and 100% of Expenses 46,502.42 August 1-30, 2003 28,310.46 85% of fees and 100% of Expenses 28,310.46 September 1-30, 2003 35,639.12 85% of fees and 100% of Expenses 0
TOTAL
$335,123.30
$299.484.18
- 5.
Based on its Cover Sheet Applications filed in this proceeding to date, the Firmis owed the following funds held back (excluding amounts owed pursuant to this Application):
Application Period Amount Description 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 24th (June 1-30, 2003) 9,558.36 15% fee holdback and/or portion of fees objected to 25th (July 1-31, 2003) 7,936.01 15% fee holdback and/or portion of fees objected to X Payment of this amount would result in a "holdback" of $6,464.94 SLW OCTOBER 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830:6363605.1 2
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20 21 22 23 24 25 26 27 28 Application Period Amount Description 26'h (August 1-31, 2003) 4,694.72 15% fee holdback and/or portion of fees objected-to 2 7th (September 1-30, 2003) 6,084.78 15% fee holdback and/or portion of fees objected to 2 8th (October 1-31, 2003) 6,464.94 15% fee holdback and/or portion of fees objected to TOTAL OWED
$63,777.97
- 6.
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 1 hereto is the name of each professional who performed services in connection with this case during the period covered by this Application, the hourly rate for each such professional, and 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.
- 7.
The Firm has served a copy of this Application (without Exhibit 1) on the Special Notice List in this case.
- 8.
Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE (Revised March, 2002)" which was entered on or about March 18, 2002, 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 will be mailed by first class mail, postage prepaid, on or about November 12, 2003.
- 9.
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 SLW OCTOBER 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 3
Case No. 01-30923 DM 15830:6363605.1
1 Firm (along with the Firm's retainer) will be credited against such final fees and expenses as may 2
be allowed by this Court.
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- 10.
The Firm represents and warrants that its billing practices comply with all 4
Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 5
Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 6
Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 7
portion of the fees or expenses to be awarded to the Firm with any other person or attorney except 8
as among the members and associates of the Firm.
9 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 10 Firm as requested herein pursuant to and in accordance with the terms of the "SECOND Ug 11 AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE Z C 12 REIMBURSEMENT PROCEDURE (Revised March, 2002)."
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13 Date: November l;,2003 STEEFEL, LEVITT & WEISS 14 2
§ gA Professional Corporation 15 16 B:z
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U Mark Fogeligan f E al 17 Attorneys for Special Counsel to Debtor and Debtor in Possession, PACIFIC GAS AND 1 8 ELECTRIC COMPANY 19 20 21 22 23 24 25 26 27 28 SLW OCTOBER 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 4
Case No. 01-30923 DM 15830:6363605.1
1 PROOF OF SERVICE 2
I, Carol J. Dickerson, declare as follows:
3 l I am employed in the City and County of San Francisco, California, over the age of 4 l eighteen years, and not a party to the within cause. My business address is STEEFEL, LEVITT
& WEISS, One Embarcadero Center, 30th Floor, San Francisco, California 94111. On November 5
2003, I served the within:
6 STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF 7
EXPENSES FOR TIlE PERIOD OCTOBER 1-31, 2003 8
on the interested parties in this action by placing a true copy thereof, along with the appropriate 9 l Exhibits, in a sealed envelope, addressed as follows:
10 James L. Lopes, Esq., et al.
Paul S. Aronzon, Esq.
HowARD, RICE, NEMEROVSKI, CANADY, Robert Jay Moore, Esq.
11 FALK & RABKIN, A P.C.
MILBANK, TwEED, HADLEY & MCCLOY LLP l
Three Embarcadero Center, 7th Floor 601 S. Figueroa Street, 30th Floor 12 t San Francisco, CA 941114065 Los Angeles, CA 90017 13 Patricia Martin, Esq.
14 OFFICE OF THE UNITED 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 17 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 all parties on the Special Notice List (as of October 24, 2003), by placing a true 21 copy of the Cover Sheet Application, without Exhibit 1, in a sealed envelope, addressed to all parties on said Special Notice List, found at:
22 http.//w)vw.canzb.uscourts.gov/canb/Docuiments.nsf/4fa6cc9d77741519882569e50004dce6/2cb9 23 cc414857666088256a37005a57dal$FILE/_Oal3ichajal 76rtt2cedq&o.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.
5830:6363605.1 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.
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Executed on November 17,-2003, at San Francisco, California.
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CarlIcker-dn 6
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10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5830:6363605.1