ML040140504

Skadden, Arps, Slate, Meagher & Flom Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period November 1, 2003 Through November 30, 2003

ML040140504
Person / Time
Site:	Diablo Canyon
Issue date:	01/05/2004
From:	Edmonson J, Levin R Pacific Gas & Electric Co, Skadden, Arps, Slate, Meagher & Flom, LLP
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923-DM, 94-0742640
Download: ML040140504 (7)

Text

I RICHARD LEVIN (CA State Bar No. 66578)

JAMIE L. EDMONSON (CA State Bar No. 185384) 2 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 300 South Grand Avenue, Suite 3400 3 Los Angeles, California 90071-3144 Telephone: 213/687-5000 a - ?5 4 Facsimile: 213/687-5600 3 5 Special Counsel for Pacific Gas and Electric Company, Debtor and Debtor in Possession 6

7 8 UNITED STATES BANKRUPTCY COURT' 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 In re ) Case No. 01-30923-DM 12 PACIFIC GAS AND ELECTRIC COMPANY,) Chapter 11 Case a California corporation, )

13 )

Debtor. ) [No Hearing Scheduled]

14 )

Federal I.D. No. 94-0742640 )

15) 16 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S 17 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 18 REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1. 2003 THROUGH NOVEMBER 30. 2003 19 20 Skadden, Arps, Slate, Meagher & Flom LLP (the "Firm") submits its Cover Sheet 21 Application (the "Application") for Allowance and Payment of Interim Compensation and 22 Reimbursement of Expenses for the Period November 1, 2003 through November 30, 2003 (the 23 "Application Period"). In support of the Application, the Firm respectfully represents as follows:

24 1. The Firm is special regulatory counsel to Pacific Gas and Electric 25 Company, the debtor and debtor in possession in the above-referenced bankruptcy case (the 26 "Debtor"). The Firm hereby applies to the Court for allowance and payment of interim 27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1, 2003 THROUGH NOVEMBER 30, 2003

1 compensation for services rendered and reimbursement of expenses incurred during the 2 Application Period.

3 2. The Firm billed a total of $43,357.81 in fees and expenses during the 4 Application Period. The total fees represent 120.80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> expended during the period covered by 5 this Application. These fees and expenses break down as follows:

6 7 Period Fees Expenses Total I 8 November 1,2003 $43,044.00 $313.81 $43,357.81 through November 9 30, 2003 _I I I 10

3. Accordingly, the Firm seeks allowance of interim compensation in the 11 12 total amount of $36,901.21 at this time. This total is comprised as follows: $36,587.40 (85% of the fees for services rendered)' plus $313.81 (100% of the expenses incurred).

13

4. For the post-petition period, the Firm has been paid to date as follows:

14 15 Application Period Amount Applied For Description Total 16 Aprl 6 2001 through $ 412,199.69 100% of fees and $384,116.822 July 31, 2001 100% of expenses 17 August 1, 2001 $ 232,904.35 85% of fees and $211,716.95 through August 3 1, 100% of expenses 18 2001 19 September 1, 2001 $182,393.51 85% of fees and $182,363.51 through September 100% of expenses 20 30, 2001 21 October 1, 2001 $351,118.17 85% offees and $351,118.17 through October 31, $100% of expenses 22 2001 .

23 24 ,-

25 I Payment of this amount would result in a "holdback" of $6,456.60.

26 2 This amount represents the amount allowed from the Firm's first interim fee application, after reduction for certain time and disbursements.

27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1, 2003 THROUGH NOVEMBER 30,2003 1 $327,076.56 85% of fees and $327,076.56 November 1,2001 through November 100% of expenses 2 30,2001 3 December 1, 2001 $49,443.48 85% of fees and $49,443.48 through December 100% of expenses 4 31, 2001 5 August 1,2001 Amounts outstanding $137,056.57 through November from cover sheet fee 6 30, 2001 applications less certain reductions 7 from Second Interim Fee Application 8

January 1,2002 $104,031.40 85% of fees and $104,031.40 9 through January 31, 100% of expenses 2002 10 February 1,2002 $159,990.72 85% of fees and $159,990.72 through February 28, 100% of expenses 11 2002 12 March 1,2002 $89,507.42 85% of fees and $89,507.42 through March 31, 100% of expenses 13 2002 14 April 1,2002 through $111,659.93 85% of fees and $111,659.93 April 30,2002 100% of expenses 15 December 1,2001 Amounts outstanding $52,271.96 through March 31, from cover sheet fee 2002 applications less 17 certain reductions from Third Interim 18 Fee Application May 1,2002 through $90,110.23 85% of fees and $90,110.23 19 May 31, 2002 100% of expenses 20 June 1, 2002 through $28,872.94 85% of fees and $28,872.94 June 30,2002 100% of expenses 21 July 1, 2002 through $77,733.11 85% of fees and $77,733.11 22 July 31, 2002 100% of expenses 23 August 1,2002 $131,944.96 85% of fees and $131,944.96 through August 31, 100% of expenses 24 2002 September 1, 2002 $72,743.14 85% of fees and $72,743.14 25 through September 100% of expenses 30,2002 .-

26 27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1, 2003 THROUGH NOVEMBER 30, 2003 1 April 1, 2002 through $45,556.86 Amounts outstanding $45,556.86 July 31, 2002 from cover sheet fee 2 applications less voluntary reductions 3 from Fourth Interim 4 Fee Application October 1, 2002 $94,196.22 85% of fees and $94,196.22 5 through October 31, 100% of expenses 2002 6

November 1, 2002 $65,243.71 85% of fees and $65,243.71 7 through November 100% of expenses 30, 2002 8

December 1, 2002 $121,562.85 85% of fees and $121,562.85 9 through December 100% of expenses 31, 2002 10 August 1, 2002 $52,396.90 Amounts outstanding $52,396.90 through November from cover sheet fee 11 30, 2002 applications less voluntary reductions 12 from Fifth Interim Fee Application 13 January 1, 2003 $84,945.03 85% of fees and $84,945.03 14 through January 31, 100% of expenses 2003 15 February 1, 2003 $177,517.70 85% of fees and $177,517.70 16 through February 28, 100% of expenses 2003 17 March 1, 2003 $76,723.48 85% of fees and $76,723.48 18 through March 31, 100% of expenses 2003 19 April 1, 2003 through $39,352.64 85% of fees and $39,352.64 April 30,2003 100% of expenses 20 May 1, 2003 through $15,449.60 85% of fees and $15,449.60 21 May 31, 2003 100% of expenses 22 December 1, 2002 $67,940.43 Amounts outstanding $67,940.43 through March 31, from cover sheet fee 23 2003 applications less voluntary reductions 24 from Sixth Interim Fee Application 25 June 1, 2003 through $28,888.62 85% of fees and $28,888.62 26 June 30, 2003 100% of expenses 27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1, 2003 THROUGH NOVEMBER 30, 2003 July 1, 2003 through $3,766.36 85% of fees and $3,766.36 July 31, 2003 100% of expenses 2

August 1,2003 $17,116.79 85% of fees and $17,116.79 3 through August 31, 100% of expenses 2003 _ _ _ _ _ _ _ _ _ _

4 September 1, 2003 $53,088.64 85% of fees and $53,088.64 5 through September 100% of expenses 30, 2003 6

April 1,2003 through $14,568.01 Amounts outstanding $14,568.01 7 July 31, 2003 from cover sheet fee applications less 8 voluntary reductions from Seventh Interim 9 Fee Application October 1, 2003 $46,842.36 85% of fees and $46,842.36 10 through October 31, 100% of expenses 2003 11 12 5. To date, the Firm is owed as follows (excluding amounts owed under this 13 Application):

14 15 Period Fees Description 16 Twenty-sixth (August 1, $2,845.72 15% fee holdback 2003 through August 31, 17 2003) 18 Twenty-seventh (September $8,096.47 15% fee holdback 1,2003 through September 19 30, 2003)

Twenty-eighth (October 1, $7,757.81 15% fee holdback 20 2003 through October 31, 2003) l 21 Total Owed to Firm to Date $18,700.00 22

6. With regard to the copies of this Application served on counsel for the 23 Committee, counsel for the Debtor and the Office of the United States Trustee, attached as 24 Exhibit 1 hereto is the name of each professional who performed services in connection with this 25 case during the period covered by this Application and the hourly rate for each such professional; 26 27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1, 2003 THROUGH NOVEMBER 30,2003 1 and (b) attached as Exhibit 2 are the detailed time and expense records for the Application Period 2 that comply with all Northern District of California Bankruptcy Local Rules and Compensation 3 Guidelines and the Guidelines of the Office of the United States Trustee.

4 7. The Firm has served a copy of this Application on the Special Notice List 5 in this case.

6 8. In accordance with this Court's "ORDER ESTABLISHING INTERIM 7 FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 8 on or about July 25, 2001, as subsequently amended, the Debtor is authorized to make the 9 payment requested herein without a further hearing or order of this Court unless an objection to 10 this Application is filed with the Court by the Debtor, the Committee or the United States Trustee 11 and served by the fifteenth day of the month following the service of this Application. If such an 12 objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection.

13 The Firm is informed and believes that this Cover Sheet Application was mailed by first class 14 mail, postage prepaid, on or about January 5, 2004.

15 9. The interim compensation and reimbursement of expenses sought in this 16 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 17 fees and reimbursement of the expenses incurred for the totality of the services rendered in this 18 case. Any interim fees or reimbursement of expenses approved by this Court. and received by the 19 Firm will be credited against such final fees and expenses as may be allowed by this Court.

20 10. The Firm represents and warrants that its billing practices comply with all 21 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 22 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 23 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 24 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 25 except as among the members and associates of the Firm.

26 27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1, 2003 THROUGH NOVEMBER 30, 2003 1 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 2 to the Firm as requested herein in accordance with the terms of the "ORDER ESTABLISHING 3 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."

4 Dated: January 5, 2004 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 5

6 By: > -

. 7 Rihad viCad Jamnie L. Edmonson S Rgegulatory Cosel to Debtor and Debtor in 8 Possession 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD NOVEMBER 1, 2003 THROUGH NOVEMBER 30,2003