ML040340346
| ML040340346 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/27/2004 |
| From: | Fogelman M Pacific Gas & Electric Co, Steefel, Levitt & Weiss |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML040340346 (6) | |
Text
I1 MARK FOGELMAN (State Bar No. 50510)
HARVEY L. LEIDERMAN (State Bar No. 55838) 2 STEEFEL, LEVITT & WEISS A Professional Corporation One Embarcadero Center, 30th Floor 4
San Francisco, California 94111 Telephone: (415)788-0900 5
Facsimile: (415) 788-2019 6
Special Counsel to Debtor and Debtor in Possession, PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA a
10 SAN FRANCISCO DIVISION o8 1
In Re:
Case No. 01-30923 DM 2~12 PACIFIC GAS AND ELECTRIC Chapter 11 Case 13 COMPANY, a California corporation, 14 Debtor and Debtor in Possession.
z W t 15 Federal I.D. No. 94-0742640 16 E &
17 STEEFEL, LEVITIT & WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 18 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1-31. 2003 19 20 Steefel, Levitt & Weiss (the 'Tirm") respectfully submits its Cover Sheet Application (the 21 "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 22 Expenses for the Period December 1-31, 2003 (the "Application Period"). In support of the 23 Application, the Firm respectfully represents as follows:
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- 1.
The Firm is Special Counsel to the debtor and debtor-in-possession in the above-25 referenced bankruptcy case (the "Debtor"). The Firm hereby applies to the Court for allowance 26 and payment of interim compensation for services rendered and reimbursement of expenses 27 incurred during the Application Period.
28 SLW DECEMBER 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830:6374767.1.
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- 2.
The Firn billed a total of $18042.30 in fees and expenses during the Application Period. The total fees represent 50.92 hours0.00106 days <br />0.0256 hours <br />1.521164e-4 weeks <br />3.5006e-5 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period l
Fees l
Expenses l
Total l
December 1-31, 2003
$18,042.30 l
$1,458.41
$19,500.71
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $16,794.37 at this time. This total is comprised as follows: $15,335.96 (85% of the fees for services rendered)' plus $1,458.41 (100% of the expenses incurred).
- 4.
For Applicant's Seventh Interim Compensation Period, the Firm has been paid to date as follows:
Application Period Amount Applied Description Amount Paid August 1-30, 2003 28,310.46 85% of fees and 100% of Expenses 28,310.46 September 1-30, 2003 35,639.12 85% of fees and 100% of Expenses 35,639.12 October 1-31, 2003 42,032.54 85% of fees and 100% of Expenses 42,032.54 November 1-30, 2003 22,242.65 85% of fees and 100% of Expenses 0
TOTAL
$128,224.77
$105,982.12
- 5.
Based on its Cover Sheet Applications filed in this proceeding to date, the Firm is owed the following funds held back (excluding amounts owed pursuant to this Application):
Application Period Amount Description 2 6 th (August 1-31, 2003) 4,694.72 15% fee holdback and/or portion of fees objected to 276 (September 1-30, 2003) 6,084.78 15% fee holdback and/or portion of fees objected to 27h (Ocptomber 1-301, 2003) 6,464.94 15% fee holdback and/or portion of fees objected to-28th (October 1-31, 2003) 6,464.94 15% fee holdback and/or portion of fees objected to 29Th (November 1-30,2003) 4,032.59 15% fee holdback and/or portion of fees objected to TOTAL OWED
$21,277.03 1 Payment of this amount would result in a "holdback" of $2,706.34 SLW DECEMBER 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830:6374767.1 2
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With regard to the copies of this Application served on counsel for the Committee, 2
counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit 1 hereto is 3
the name of each professional who performed services in connection with this case during the 4
period covered by this Application, the hourly rate for each such professional, and the detailed 5
time and expense statements for the Application Period that comply with all Northern District of 6
California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the 7
Office of the United States Trustee.
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The rirm has served a copy of this Application (without Exhibit 1) on the Special 9
Notice List in this case.
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Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING g
11 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE (Revised v) eZ~va 12 March, 2002)" which was entered on or about March 18, 2002, the Debtor is authorized to make 2 Hi,.
13 the payment requested herein without a further hearing or order of this Court unless an objection 14 to this Application is filed with the Court by the Debtor, the Committee or the United States 15 Trustee and served by the fifteenth day of the month following the service of this Application. If 16 such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 17 objection. The Firm is informed and believes that this Cover Sheet Application will be mailed by 18 first class mail, postage prepaid, on or about January 23, 2004.
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- 9.
The interim compensation and reimbursement of expenses sought in this 0
20 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 21 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 22 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 23 Firm (along with the Firm's retainer) will be credited against such final fees and expenses as may 24 be allowed by this Court.
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- 10.
The Firm represents and warrants that its billing practices comply with all 26 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 27 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 28 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any SLW DECEMBER 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 3
Case No. 01-30923 DM 15830:6374767.1
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date: January 27, 2004 STEEFEL, LEVITT & WEISS A Professional Corporation BY:
Mark Fogel Attorneys for Special Counsel to Debtor and Debtor in Possession, PACIFIC GAS AND ELECTRIC COMPANY portion of the fees or expenses to be awarded to the Firm with any other person or attorney except as among the members and associates of the Firm.
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 "SECOND AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE (Revised March, 2002)."
SLW DECEMBER 2003 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM 15830:6374767.1 4
I PROOF OF SERVICE 2
I, Carol J. Dickerson, declare as follows:
I am employed in the City and County of San Francisco, California, over the age of 4
eighteen years, and not a party to the within cause. My business address is STEEFEL, LEVITT
& WEISS, One Embarcadero Center, 30th Floor, San Francisco, California 94111. On January 5
27. 2004,1 served the within:
6 STEEFEL, LEV=rr & WEISS'S COVER SiiEET APPLICATION FOR ALLOWVANCE AND PAYMENT OF INTERIM COMPENSATION AND REInBURSEMIENT OF 7
EXPENSES FOR THE PERIOD DECEMBER 1-31, 2004 8
on the interested parties in this action by placing a true copy thereof, along with the appropriate 9
Exhibits, in a sealed envelope, addressed as follows:
10 James L. Lopes, Esq., et'al.
Paul S. Aronzon, Esq.
HowARD, RIcE, NEMEROVSKI, CANADY, Robert Jay Moore, Esq.
11 FALK & RABKIN, A P.C.
MILBANK, TWEED, HADLEY & MCCLOY LLP Three Embarcadero Center, 7th Floor 601 S. Figueroa Street, 30th Floor 12 San Francisco, CA 941114065 Los Angeles, CA 90017 13 Patricia Martin, Esq.
14 OFFICE OF THE UNIED STATES TRUSTEE 250 Montgomery Street, Suite 1000 15 San Francisco, CA 94104-3401 16 BY OVERNIGHT MAIL: By placing such envelope, for collection and mailing at 17 Steefel, Levitt & Weiss, San Francisco, California following ordinary business practice. I am readily familiar with the practice of Steefel, Levitt & Weiss for collection and processing of 18 overnight service mailings, said practice being that in the ordinary course of business, correspondence is deposited with the overnight messenger service Federal Express for delivery
'19 as addressed.
20 and by serving all parties on the Special Notice List (as of October 22, 2003), by placing a true copy of the Cover Sheet Application, without Exhibit 1, in a sealed envelope, addressed to all 21 parties on said Special Notice List, found at:
22 ahttp.//www.canb.usco urts.gov/canbflocuments.nsf/4fa6cc9d77741519882569e50004dce6/2cb9 23 cc414857666088256a37005a57da/$FILE/_Oal3icliajal76ut2cedqO.pdf 24 A copy of the Special Notice List is attached to the Original Cover Sheet Application.
25 BY AMAIL: By placing such envelope, with postage thereon fully prepaid for first class mail, for collection and mailing at Steefel, Levitt & Weiss, San Francisco, California following 26 ordinary business practice. I am readily familiar with the practice of Steefel, Levitt & Weiss for collection and processing of correspondence, said practice being that in the ordinary course of business, correspondence is deposited in the United States Postal Service the same day as it is 28 placed for collection.
15830:6374767.1 PROOF OF SERVICE - 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 15830:6374767.1 I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
Executed on January 27, 2004, at San Francisco, California.
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j Carol Di cker*'on PROOF OF SERVICE - 2