ML033360577

Milbank, Tweed, Hadley & Mccloy Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for October 2003

ML033360577
Person / Time
Site:	Diablo Canyon
Issue date:	11/26/2003
From:	Ball L Milbank, Tweed, Hadley & McCloy, LLP, Official Committee of Unsecured Creditors
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
SF 01-30923 DM
Download: ML033360577 (4)

Text

I -.Paul S. Aronzon (88781)

Robert Jay Moore (#77498) 2 Lorie A. Ball (#210703)

MILBANK, TWEED, HADLEY & McCLOY LLP 3

601 South Figueroa Street, 30th Floor 4 Los Angeles, California 90017 Telephone: (213) 892 4000 5 Facsimile: (213) 629-5063 6 Counsel for Official Committee of Unsecured Creditors 7

• 8 9 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 In re Case No. SF 01-30923 DM 14 Chapter 11 PACIFIC GAS AND ELECTRIC 15 COMPANY, a California corporation, MILBANK, TWEED, HADLEY & McCLOY 16 Debtor. *LLP'S COVER SHEET APPLICATION 17 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 18 REIMBURSEMENT OF EXPENSES FOR OCTOBER 2003 19 20 Hearin:

21 Date: [None Required]

Time: [None Required]

22 Place: 235 Pine Street, 22 nd Floor San Francisco, CA 23 24 25 26 27 IVfP I 28 LAI :#6272952vl Cover Sheet Application for October 2003

1 Milbank, Tweed, Hadley & McCloy, LLP (the 'Firm") submits its Cover Sheet 2 Application (the "Application") for Allowance and Payment of Interim Compensation and 3 Reimbursement of Expenses for October 2003 (the "Application Period"). In support of the 4 Application, the Firm respectfully represents as follows:

5 1. The Firm is counsel to the Official Committee of Unsecured Creditors in the 6 Pacific Gas and Electric Company ("Debtor") bankruptcy case. The Firm hereby applies to the 7 Court for allowance and payment of interim compensation for services rendered and 8 reimbursement of expenses incurred during the Application Period.

9 2. The Firm billed a total of $353,813.27 in fees and expenses during the 10 Application Period. The total fees represent 828.60 hours6.944444e-4 days <br />0.0167 hours <br />9.920635e-5 weeks <br />2.283e-5 months <br /> expended during the Application 11 Period. These fees and expenses break down as follows:

12 l Period Fees Expenses Total 13 1 10/01/03 - 10/31/03 $331,595.00 I $22,218.27 l $353,813.27 15 3. Accordingly, the Firm seeks allowance of interim compensation in the total 16 amount of $304,074.02 at this time. This total is comprised as follows:

17 S281,855.75 (85% of the fees for services rendered)' plus $22,218.27 (100% of the expenses 18 incurred).

19 4. For the post-petition period, the Firm has not been paid S571,274.05 to date for 20 fees and expenses.

21 5. To date (through 11/26/03) the Firm is owed as follows (including amounts 22 owed pursuant to this Application):

23 24 25 26

.27 28 'Payment of this amount would result in a "holdback" of $49,739.25.

LA1:#6272952v Cover Sheet Application for October 2003 1 Application Period Amount Description Twenty-Fifth (April 1 -'April 30) $36,508.35 15% holdback 2

3 Twenty-Sixth (May 1 -May 31) $34,071.75 15% holdback' 4 Twenty-Seventh (June 1 - June 30) $28,685.25 15% holdback 5 Twenty-Eighth (July 1 - July 31) $36,428.25 15% holdback 6 $30,018.00 15% holdback Twenty-Ninth (August 1 - August 31) 7 Thirtieth (September 1 - September 30) $51,749.18 15% holdback 8

Thirty-First (October 1 - October 31) $353,813.27 October fees and costs 19 Total Owed to Firm to Date $571,274.05

.10 11 6. -With regard to the copies of this Application served on counsel for the Debtor 12 and the Office of the United States Trustee, attached as Exhibit I hereto is the name of each 13 professional who performed services in connection with this case during the period covered by 14 this Application and the hourly rate for each such professional; and (b) attached as Exhibit 2 are 15 the detailed time and expense statements for the Application Period that comply with all 16 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 17 Guidelines of the Office of the United States Trustee.

18 7. The Firm has served a copy of this Application (without Exhibits) on the 19 Special Notice List in this case.

20 8.. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 21 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which 22 was entered on or about March 18, 2002, the Debtor is authorized to make the payment requested 23 herein without a further hearing or order of this Court unless an objection to this Application is 24 filed with the Court by the Debtor or the United States Trustee and served by the fifteenth day of 25 the month following the service of this Application. If such an objection is filed, Debtor is 26 authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and 27 believes that this Cover.Sheet Application was mailed.by first class mail, postage prepaid, on or 28 about November 26, 2003.

LA1 :6272952vA Cover Sheet Application for October 2003 1 9. The interim compensation and reimbursement of expenses sought in this 2 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 3 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 4 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 5 Firm will be credited against such final fees and expenses as may be allowed by this Court.

6 10. The Firm represents and warrants that its billing practices comply with all 7 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 8 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 9 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 10 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 11 except as among the members and associates of the Firm.

12 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to 13 the Firm as requested herein pursuant to and in accordance with the terms of the "SECOND 14 AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE 15 REIMBURSEMENT PROCEDURE."

16 DATED: November26,2003 17 MILBANK, TWEED, HADLEY & McCLOY LLP 18 19 By: c5Paul S.QArohzon 20 Robert Jay Moore Lorie A. Ball 21 Attorneys for the Official Committee of Unsecured 22 Creditors 23 24 25 26 27 28 LAI :#62729s2vl Cover Sheet Application for October 2003