ML040290664

Notice of Filing and Service

ML040290664
Person / Time
Site:	Diablo Canyon
Issue date:	01/21/2004
From:	Justic S Pacific Gas & Electric Co, Winston & Strawn, LLP
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM, 94-0742640
Download: ML040290664 (8)

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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Donald K. Dankner (No. 0186536)

Thomas F. Blakemore (No. 03121566)

Stacy D. Justic (No. 6277752)

WINSTON & STRAWN LLP 35 West Wacker, Suite 4200 Chicago, IL 60601 C

312-558-5600 (Phone) 312-558-5700 (Facsimile)

Counsel to Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re Case No. 01-30923 DM PACIFIC GAS AND ELECTRIC Chapter II Case COMPANY, a California corporation,

[No Hearing Scheduled]

o-xi--5 Debtor.

Federal I.D. No. 94-0742640 NOTICE OF FILING AND SERVICE To:

Parties Listed on Attached Certificate of Service PLEASE TAKE NOTICE that Winston & Strawn LLP has, as of the date below, served the attached Cover Sheet Application For Allowance And Payment Of Interim Compensation And Reimbursement Of Expenses For The Period December 1, 2003 through December 31, 2003 on the attached Special Notice List and filed this Notice with the United States Bankruptcy Court for the Northern District of California, San Francisco Division, 235 Pine Street, 19th Floor, San Francisco, California 94104.

Dated: January 21, 2004 Chicago, Illinois WJNSTON & ST WN LLP One p1ilts Attoi~ys 327 Counsel o the Debtors and Debtors in Possession

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C111:1315185.1

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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Donald K. Dankner (No. 0186536)

Thomas F. Blakemore (No. 03121566)

Stacy D. Justic (No. 6277752)

WINSTON & STRAWN LLP 35 West Wacker Dr.

Chicago, IL 60601 Phone: 312-558-5600 Facsimile: 312-558-5700 Counsel to Debtor and Debtor in Possession UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re Case No. 01-30923 DM PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a California corporation,

[No Hearing Scheduled]

Debtor.

Federal 1.D. No. 94-0742640 WINSTON & STRAWN LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1, 2003 THROUGH DECEMBER 31. 2003 Winston & Strawn LLP (the "Firm") submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period of December 1, 2003 through December 31, 2003 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:

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Pursuant to the Amendment to the Amended Application for Authority to Employ and to continue the Employment of Special Counsel dated as of September 13, 2001, the Firm is counsel to the above-captioned debtor and debtor in possession (the "Debtor") and employed under section 327(e) of the Bankruptcy Code, 11 U.S.C. § 101 et s.

(the "Code").

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Pursuant to the Order Establishing Interim Fee Application and Expense Reimbursement Procedure entered on July 26, 2001 (the "Fee Order"), 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.

3.

The Firm billed a total of $11,849.32 in fees and expenses during the Application Period.

The total fees represent 50.60 hours6.944444e-4 days <br />0.0167 hours <br />9.920635e-5 weeks <br />2.283e-5 months <br /> expended during the Application Period. These fees and expenses break down as follows:

Period Fees Expenses Total December 1-

$11,034.75

$814.57

$11,849.32 December 31, 2003

4.

Accordingly, the Firm seeks allowance of interim compensation in the total amount of$10,194.1 1 at this time. This total is comprised as follows:

$9,379.54 (85% of the fees for services rendered)' plus $814.57 (100% of the expenses incurred).

5.

Pursuant to the Stipulation and Order Regarding Employment of Winston

& Strawn as Special Counsel to the Debtor in Possession dated September 24, 2001 (the "Stipulation"), the Firm's reimbursement for all fees and expenses incurred by the Firm as special counsel to Debtor through July 31, 2001, is governed by the Order entered on August 16, 2001, approving the Amended Application for Authority to Employ and Continue the Employment of Special Counsel (the "Omnibus Order"). Pursuant to the Stipulation and Omnibus Order, the Firm has not and will not submit Applications for fees and expenses incurred through July 31, 2001.

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To date services directly to the debtor:

, the Firm has submitted invoices for the following post-petition

'Payment of this amountwould result in a "holdback' of 51,655.21.

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Application Period Amount Due Amount Paid Amount Outstanding June 1, 2001-June 30,

$117,735.06

$117,494.31

$0.00 2 0 0 1 July 1, 2001-July 3 1,

$169,199.53

$169,197.43

$0.00 2 0 0 1

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To date, the Firm has been paid $1 17,494.31 for the June 1, 2001 through June 30, 2001 period and $ 169,197.43 for the July 1, 2001 through July 31, 2001 period.

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For fees and expenses incurred on behalf of the Debtor after July 31, 2001, the Firm is governed by the Fee Order and must file monthly fee applications ("Cover Sheet Applications") and quarterly fee applications ("Interim Fee Applications") with the Court pursuant to section 331 of the Code.

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The following chart reflects: (a) the Cover Sheet Applications submitted to date by W&S, including this Cover Sheet Application; (b) the First, Second, Third, Fourth, Fifth, Sixth and Seventh Interim Applications submitted to date by W&S; (c) for the fees and expenses incurred by the Firm after July 31, 2001, the amounts incurred and the amounts paid to W&S by the Debtor to date; (d) W&S's voluntary and Court ordered reductions in compensation sought from the Debtor as part of the First Interim Application; and (e) the total amount owed by the Debtor to the Firm to date.

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9 10 11 12 13 14 15 16 17 18 Application Period 85% Fees Expenses 15% Fee Amount Paid Total Amount Holdback Owed2 August 1 - November 30,2001 Interim

$881,496.65

$71,206.39

$155,558.23

$1,108,261.28

$0.00 Application Period December 1, 2001 -

March 31, 2002

$598,974.22

$61,140.86

$105,701.34

$765,816.41

$0.00 Interim Application Period April 1, 2002 -July 31, 2002 Interim

$400,790.65

$25,688.92

$70,724.75

$497,204.33

$0.00 Application Period August 1,2002 -

November 30,2002

$421,593.39

$35,004.03

$74,398.87

$530,996.29

$0.00 Interim Application Period December 1,2002 -

March 31, 2003

$412,591.79

$31,681.44

$72,810.31

$517,083.54

$0.00 Interim Application Period April 1, 2003-July 31, 2003 Interim Application Period

$223,720.47

$22,102.1 1

$39,480.08

$285,302.66

$0.00 August 1,2003-November 30,2003 Interim Application Period

$58,434.65

$13,945.06

$10,312.00

$64,714.39

$17,977.32 December 1,2003-December 31,2003

$9,379.54

$814.57

$1,655.21

$0.00

$11,849.32 Total

$3,006,981.36

$261,583.38

$530,640.79

$3,769,378.90

$29,826.64

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With regard to the copies of this Application served on counsel for the 19 20 21 22 23 24 25 26 27 28 Official Committee of Unsecured Creditors (the "Committee"), reorganization counsel for the Debtor and the Office of the United States Trustee, (a) attached as Exhibit I 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.

2 Total Amount Owed includes the 15% holdback.

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The Firm has served a copy of this Application (without Exhibits) on the 2

Special Notice List in his case.

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Pursuant to this Court's Fee Order, the Debtor is authorized to make the 4

5 payment requested herein without a further hearing or order of this Court unless an objection to 6

this Application is filed with the Court by the Debtor, the Committee or the United States 7

Trustee and served by the fifteenth day of the month following the service of this Application. If 8

such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 9

objection. The Firm is informed and believes that this Cover Sheet Application was mailed by 10 first class mail, postage prepaid, on or about January 21, 2004.

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The interim compensation and reimbursement of expenses sought in this 12 13 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 14 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 1 5 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 16 Firm will be credited against such final 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 18 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 1 9 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 20 21 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 22 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 23 except as among the members and associates of the Firm.

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5 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the Firm as requested herein pursuant to and in accordance with the terms of the Fee Order.

Dated: January21, 2004 6

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L On f ts Attorys 32WCounsel to Debtors and Debtors in Possession CHI:1315201.1 6

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I, Paige D. Stepan, certify that on or about January 21, 2004, I caused a copy of the attached Notice of Filing and Service to be served upon the United States Trustee, Pacific Gas and Electric Company ("PG&E"), the debtor and debtor in possession, reorganization counsel for PG&E, and counsel for the Official Committee of Unsecured Creditors in the PG&E bankruptcy case, at the following addresses, via overnight Federal Express or U.S. Mail delivery, as indicated:

By Federal Express United States Trustee Attn.: Mr. Stephen Johnson United States Department of Justice 250 Montgomery Street, Suite 1000 San Francisco, CA 94101 James L. Lopes Howard, Rice, Nemerovski, Canady, Falk & Rabkin Three Embarcadero Center, 7th Floor San Francisco, CA 94111 Robert J. Moore Milbank, Tweed, Hadley & McCloy LLP 601 South Figueroa Street Los Angeles, CA 900017 By U.S. Mail Theresa Lett Pacific Gas & Electric P.O. Box 7442 San Francisco, CA 94120 Pigee i 'p Senior Paralegal for Winston & Strawn LLP 3

C111:1315185.1