ML033430371
| ML033430371 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/01/2003 |
| From: | Nexon 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: ML033430371 (7) | |
Text
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1 BUKX Ah =_ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMES L. LOPES (No. 63678)
JEFFREY L. SCHAFFER (No. 91404)
JANET A. NEXON (No. 104747)
WILLIAM J. LAFFERTY (No. 120814)
HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 Telephone:
415/434-1600.
Facsimile:
415/217-5910 Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY
?,-7 5 jb %a 3 ,3 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Case No. 01-30923 DM Chapter 11 Case
[NO HEARING REQUESTED]
Federal I.D. No. 94-0742640 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR OCTOBER. 2003 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period October 1, 2003 through October 31, 2003 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
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The Firm is counsel to Pacific Gas and Electric Company, 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 WD 120103/l-1419904/11170521v1
.1 rendered and reimbursement of expenses incurred during the Application Period.
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The Firm billed a total of $506,292.68 in fees and expenses during the Application Period. The total fees represent 1,603 hours0.00698 days <br />0.168 hours <br />9.970238e-4 weeks <br />2.294415e-4 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period-Fees Expenses Total October, 2003 457,799.00
$48,493.68
$ 506,292.68 8
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Accordingly, the Firm seeks allowance of interim compensation in the total amount of $437,622.83 at this time. This total is comprised as follows: $389,129.15 (85%
of the fees for services rendered)' plus $48,493.68 (100% of the expenses incurred).
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For the post-petition period, the Firm has been paid to date as follows:
Application Period Amount Applied For Description Amount Paid April 6, 2001 through $4,646,476.74 100% of fees and July 31,2001 (1 st 4664774expenses
$4,646,476.74 post-petition interim fee application period)
August 1, 2001
$3,921,628.38 100% of fees and
$3,921,528.382 through November expenses 30, 20-01 (2nd post-petition interim fee application period)
December 1, 2001
$4,253,813.78 100% of fees and
$4,238,243.763 through March 31, expenses 2002 (3rd post-petition interim fee application period) 24 25 26 27 28
- 'Payment of this amount would result in a "holdback" of $68,669.85.
2The Firm had written off an additional $100.00 in fees.
3The Firm had written off an additional $15,570.02 in fees.
WD 120103/1-1419904/11 170S2vi 1
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9 10 11 12 HMARD* 13 GNO 14 EUK APdQ.WEaO.15 16 17 18 19 20 21 22 23 24 25 26 27 28 Application Period Amount Applied For Description Amount Paid April 1, 2002 through
$5,520,001.30 100% of fees and
$5,520,001.30 July 31, 2002 (4th expenses post-petition interim fee application period)
August 1, 2002 10offees and through November
$7,679,231.32 expenses
$7,679,231.32 30, 2002 (5th post-petition interim fee application period)
December 1, 2002
$4,722,304.02 expenses
$4,722,304.02 2003 (6th post-petition interim fee application period)
April 1, 2003 through10 ffe n
July 31, 2003 (7th
$2,103,181.96 100% of fees and
$2,103,181.96 post-petition interim fee application period)
August, 2003
$ 369,506.95 100% of expenses
$ 369,506.95 September, 2003
$ 451,315.80 85% of fees and
$ 100% of expenses Total Paid to the Firm to Date
$33,667,460.25
$33,200,474.43
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To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
Application Period Amount Description August 1 -August 31, 2003
$ 59,730.30 15% fee holdback Sept. 1 - Sept. 30, 2003
$529,023.23 100% of fees and costs Total Owed to Firm to Date
$588,753.53
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With regard to the copies of this Application served on counsel for the WD 120103/1-1419904/l 17052/vl 1
Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of 2
the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who 3
performed services in connection with this case during the Application Period and the hourly
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rate for each such professional; and attached as Exhibit 2 is an Account Summary. The 5
detailed time and expense statements for the Application Period that comply with all 6
Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 7
the Guidelines of the Office of the United States Trustee have been, submitted in electronic 8
form to the Office of the United States Trustee and mailed to counsel for the Committee and 9
to the Debtor.
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The Firm is serving a copy of this Application (without Exhibits) on the 11 Special Notice List in this case.
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Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING HONARD 13 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE
,,,n 14 (Revised March, 2002)" (the "Amended Order"), the Debtor is authorized to make the
&RAMNs 15 payment requested herein without a further hearing or order of this Court, unless an 16 objection to this Application is filed with the Court by the Debtor, the Committee or the 17 United States Trustee and served by the fifteenth day of the month following the service of 18 this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if 19 any, not subject to the objection. The Firm is informed and believes that this Cover Sheet 20 Application was mailed by first class mail, postage prepaid, on or about December 1, 2003.
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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 23 seek fees and reimbursement of the expenses incurred for the totality of the services 24 rendered in the case. Any interim fees or reimbursement of expenses approved by this Court 25 and received by the Firm (along with the Firm's retainer) will be credited against such final 26 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 28 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and WD 120103/1-1419904/1117052/vl,
1 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any members 2
of the Firm has any agreement or understanding of any kind or hature to divide, pay over or 3
share any portion of the fees or expenses to be awarded to the Firm with any other person or 4
attorney except as among the members and associates of the Firm.
5 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 6
to the Firm as requested herein pursuant to and in accordance with the terms of the Amended 7
Order.
8 DATED: December 1,2003 HOWARD, RICE, NEMEROVSKI, CANADY, 9
FALK & RABKIN 10 A Professional Corporation 11 By:
\\L JQ.Y07--
12 JANET A. NEXON Attorneys for Debtor and Debtor in Possession HaVAD 13 PACIFIC GAS AND ELECTRIC COMPANY RIM carN'm 14 EUK ePAuaN 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WD 120103/1-1419904/11 17052/vI 1
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- 10 11 12 I ~~D13 CUNw 14 z;q.d 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY FEDERAL EXPRESS I am employed in the City and County of San Francisco, State of California. I am over the age of eighteen (18) years and not a party to the within action; my business address is Three Embarcadero Center, 7th Floor, San Francisco, California 94111-4065.
I am readily familiar with the practice for collection and processing of documents for delivery by overnight service by Federal Express of Howard, Rice, Nemerovski, Canady, Falk & Rabkin, A Professional Corporation, and that practice is that the document(s) are deposited with a regularly maintained Federal Express facility in an envelope or package designated by Federal Express fully prepaid the same day as the day of collection in the ordinary course of business.
On December 1, 2003, I served the following document(s) described as HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR OCTOBER, 2003 on the persons listed below by placing the document(s) for deposit with Federal Express through the regular collection process at the law offices of Howard, Rice, Nemerovski, Canady, Falk & Rabkin, A Professional Corporation, located at Three Embarcadero Center, 7th Floor, San Francisco, California, to be served by overnight Federal Express delivery addressed as follows:
Paul Aronzon, Esq.
Milbank, Tweed, Hadley & McCloy 601 South Figueroa Street Los Angeles, CA 90017 I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California on December 1, 2003.
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Janet S. Maslow PROOF OF SERVICE WD 073101/1-1419903I42/935O42Jvl
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- - 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY HAND I am employed in the City and County of San Francisco, State of California. I am over the age of eighteen (18) years and not a party to the within action; my business address is Three Embarcadero Center, 7th Floor, San Francisco, California 94111-4065.
On December 1, 2003, I served the following document(s) described as HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR OCTOBER, 2003 on the parties listed below by causing it to be delivered by hand to:
Patricia Cutler Office of the U. S. Trustee 250 Montgomery Street, Suite 1000 San Francisco, CA 94104 I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California on December 1, 2003.
Janet S. Maslow PROOF OF SERVICE WD 073101/1-1419903/42/935039/vi