ML040020347
| ML040020347 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/24/2003 |
| 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: ML040020347 (4) | |
Text
1 Paul S. Aronzon (#88781)
Robert Jay Moore (#77498) 2 Lorie A. Ball (#210703)
MILBANK, TWEED, HADLEY & McCLOY LLP 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 8
9 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 1 0 SAN FRANCISCO DIVISION 11 1 2 13 In re Case No. SF 01-30923 DM 14 PACIFIC GAS AND ELECTRIC Chapter 11 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 19 NOVEMBER 2003 20 Hearing:
21 Date:
[None Required]
Time:
[None Required]
22 Place:
235 Pine Street, 22nd Floor 23 San Francisco, CA 24 25 26 27 28 6
LAI -627-3595vi t
Cover Sheet Application for November 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 November 2003 (the "Application Period"). I 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 $357,417.89 in fees and expenses during the 10 Application Period. The total fees represent 784.60 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 Period I
Fees Expenses Total 13 14 11/01/03 - 11/30/03
$342,639.50
$14,778.39
$357,417.89 15
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total 16 amount of $306,021.96 at this time. This total is comprised as follows:
17
$291,243.57 (85% of the fees for services rendered)' plus $14,778.39 (100% of the expenses 18 incurred).
19
- 4.
For the post-petition period, the Firm has not been paid $488,924.32 to date for 20 fees and expenses.
21
- 5.
To date (through 12124/03) the Firm is owed as follows (including amounts 22 owed pursuant to this Application):
23 24 25 26 27 28 1Payment of this amount would result in a "holdback" of $51,395.93.
LAI- #6273595v1 Cover Sheet Application for November 2003 1
2 3
4 5
6 7
8
.9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Application Period Amount Description Twenty-Ninth (August 1 - August 31)
$30,018.00 15% holdback Thirtieth (September 1 - September 30)
$51,749.18 15% holdback Thirty-First (October 1 - October 31)
$49,739.25 15% holdback Thirty-Second (November I - November 30)
$357,417.89 November fees and costs Total Owed to Firm to Date
$488,924.32
- 6.
With regard to the copies of this Application served on 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 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.
- 7.
The Firm has served a copy of this Application (without Exhibits) 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" 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 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 was mailed by first class mail, postage prepaid, on or about December 24, 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 LA1 :#62735950v Cover Sheet Application for November 2003 1
case. Any interim fees or reimbursement of expenses approved by this Court and received by the 2
Firm will be credited against such final fees and expenses as may be allowed by this Court.
3
- 10.
The Firm represents and warrants that its billing practices comnply 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 8
except as among the members and associates of the Firm.
9 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to 10 the Firm as requested herein pursuant to and in accordance with the terms of the "SECOND 11 AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE 12 REIMBURSEMENT PROCEDURE."
13 DATED: December 24, 2003 14 16 MN McCLOY LLP 1 5 16By Paul S. Aronzon 17 Robert Jay Moore Lorie A. Ball 18 Attorneys for the Official Committee of Unsecured 19 Creditors 20 21 22 23 24 25 26 27 28 LAI:#6273595vl Cover Sheet Application for November 2003 3-