ML040370609
| ML040370609 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/29/2004 |
| From: | Cole A Heller Ehrman White & McAuliffe, LLP, 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: ML040370609 (7) | |
Text
1 MARIE L. FIALA (No. 79676).
PETER J. BENVENUTTI (No. 60566) 2 ADAM M. COLE (No. 145344)
HELLER EHRMAN WHITE & McAULIFFE LLP 3
333 Bush Street San Francisco, California 94104-2878 4
Telephone: (415) 772-6000 Facsimile: (415) 772-6268 5
Special Counsel for Debtor in Possession 6
PACIFIC GAS AND ELECTRIC COMPANY
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7 8
UNITED STATES BANKRUPTCY COURT 9
NORTHERN DISTRICT OF CALIFORNIA l10 11 In re Case No.: 01-30923 DM 12 PACIFIC GAS AND ELECTRIC 13 COMPANY, a California corporation, Chapter 1 1 Case 14
- Debtor.
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l-[No-Hearing Scheduled]
15 Federal I.D. No. 94-0742640 16 17 HELLER EHRMAN WHITE & McAULIFFE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM 18 COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1, 2003, THROUGH DECEMBER 31, 2003 19 20 Heller Ehrman White & McAuliffe LLP (the "Finm" or "Heller Ehiman") submits its 21 Cover Sheet Application (the "Application'") for Allowance and Payment of Interim 22 Compensation and Reimbursement of Expenses for the Period December 1,2003, through 23 December 31, 2003 (the "Application Period"). In support of the Application, the Firm 24 respectfully represents as follows:
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- 1.
The Firm is Special Counsel to Pacific Gas and Electric Company, debtor and 26 debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm 27 Heller 28 Ehrman White &
HELLER EHRI'S COVER SHEET APPLICATION FOR PERIOD McAuliffe LLS DECEMBER I, 2003, THROUGH DECEMBER 31,2003
I hereby applies to the Court for allowance and payment of interim compensation for services 2
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'4 rendered and reimbursement of expenses incurred during the Application Period.
- 2.
The Firm billed a total of 5375,633.67 in fees and expenses during the Application Period. The total: fees represent i,222.20 houirs expended during the 5
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10 11' 12 Application Period. These fees and expenses break down as follows:
. Period Fees Expenses Total-12/01/03 - 12/31/03
' - $351,216.40
$24,417.27..
$375,633.67
- 3.
Accordingly, the Firm seeks allowance of interim compensatibn in the total amouint of:$322,951.21 at this time.iThis total comprises the following: $298,533.94 (85%
of the fees' incurred during the Application Period)' plus $24,417.27 (100%0of theexpenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date ag follows:2 13 14 15 16 Application Period Amount-Applied For Description*
Amount Paid L
L 4/6/01 - 7/31/01 (first post-petition interim---
fee application period)
$2,264,794.01 100% of fees and
-100% of expenses
$2,246,327.813
£ _________________________
L 17 18 19 20 21 22 23 24 25
'Payment of this amount would result in a "holdback" of $52,682.46, equal to 15% of the Firm's fees for services rendered during the Application Period.
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2 n.cm1F 9 0 0; G E h n i n the am ountof 35, 0 2
On December i 9,;200;PG&Epaid a retainer to Heller Ehrmna in a t Oi.
,u.
Pursuant to written greemient betwveen the parties. dated Decembjer 19,2000, the retainer is not to apply to current billings in the ordinary course, but instead is to apply to Heller Ehrman's unpaid fees and expenses in the event that PG&E fails to miake payment in the ordinary course. By written agreement dated:Apri1 5, 2001, the parties modified that arrangement to authorize Heller Ehrman to apply the retainer to payment of
-.unpaid pre-petition fees and-expense'on matters that are subject to an hourly billing arrangement. The foregoing arrangement was approved by this Court in its June 4, 2001, Order Authorizing Debtor to Employ Heller Ehrman as Special Counsel (Apr. 17,2001); see also PG&E's Application to Employ Heller-Ehrman as Special Counsel 11 9-10 (Apr. 17, 2001); Declaration of Marie L. Fiala in Support of Application 1 9 (Apr. 8, 2001). As of the date of submission of this Cover Sheet Application, Heller Ehrmnan has applied S 153,148.07 of the retainer to a portion of its unpaid pre-petition fees and expenses on hourly rate engagements. Heller Ehrnan continues to hold a retainer balance of$196,851.93.
3 The amount paid reflects a disallowance of $18,466.20 in fees!. See Order. Approving Heller Ehrman White & McAuliffe LLP's First Interim Fee Application for Allowance and Payment of Compensation and Reinibursement of Expenses for the Period April 6,2001, Through July 31,2001 (Nov. 21, 2001); December 12, 2001 Order at pp. 16-17.
2 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD DECEMBER 1, 2003, THROUGH DECEMBER 31, 2003 CASE NO.: 01-30923 DM 26 27 Heller 28 Ehrman White &
McAuliffe LUP
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.91
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'21 Application Period Amount Applied For Description Amount Paid 8/1/01 - 11/30/01
.$2,251,673.88 100% of fees and
$2,231,752.484 (second post-petition 100% of expenses interim ee applicationi- -
period) '_'_'_'_;_-
12/1/01 - 3/31/02
$2,477,438.24 J100% of fees and
$2,477,438.24 (third post-petition 100% of expenses interim fee application period) 4/1/02-7/31/02
$3,127,427.84 100% offees and'
$3,127,477.88 (fourth post-petition e
1.00% of expenses interim fee application--
penod).-.........~~fit- - -; wt-i
.8/1/02 - 11/30/02.
$3,442,121.72 100% of fees and-.
$3,442;049.42 (fifth'post-petitini' 100% of expenses -
interimfee application peribdY
12/1/02 - 3/31/02
$4,990,707;18 100% of fees and'
'4,990,707.18 (sixth post-petition 100% of expenses interim fee application ;.
period) 4/01/03 - 7/31/03
$2,444,8'20;00' 100% of fees'and
'$2,444,820.00 (seventh post-petition 100% of expenses
-interimfee-appication-period) 8/01/03 - 8/31/03
$ 403,864.96 85% of fees and
$ 403,864.98 (August CSA period) 100% of expenses 9/01/03 - 9/30/03
$ 361,790.56 85% of feesand
$ 361,790.57 (September CSA 100% of expenses peniod)..'
10/01/03-10/3.1/03 -
$ 468,728.49 -*.85% of fees and.;
$ 468,728.49 (October.CSAp'riod)'
100% of expenses '
'11/01/03 - 10/30/03 (Noveiiber CSA period)- ' ' -
-:$ 324,848.04:.
.).
I) 1 85% of fees and 100% of expenses :
a
-$324,848.05 I
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..-23 Total
. $22,558,2f4.92 '
.' $22,519,805.10 24
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25 26 27 17A Heller Ehrman White &
McAuliffe up i The amount paid reflects'a disallowance of $I9,921.40 in-fees foi certain paralegal charges. See Order Appr6ving Heller Ehrman White & McAu1iffe LLP's Second Interim Fee Application 1 1 (Feb. 27, 2002)..
3
. HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD DECEMBER 1, 2003, THROUGH DECEMBER 31,2003 CASE NO.. 01-30923 DM
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To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
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16 17 18 19 20 21 22 23 24 25 26 27 Application Period Amount Description First post-petition interim' S'
0 fee application period (4/6/01. -7/31I/O1)
Second post-petition
.0 interim fee application period (8/1/01 - 11/30/01)
Third post-petition interim S.
0 fee application period (12 1
-J3/31702).......
Fourth post-petition interim 0
f -application peenod (4/1/02-7/31/02).!
Fifth post-petition interim 0
application.pe..
(8/1/02 -11/30/02).
Sixth post-petition interim
. 0 fee application period.
(12/01/02-3/31/03)
Seventh post-petition 0
intenm ee application period (4/01 03 - 7/31/03)
August cover sheet
$ 64,938.91 15% fee holdback application period
'(8[01/03 -8/31103)
.September cover sheet,.
S..58,972;418:
J.1-5%°/fffee holdback;.,.
application period, (9/01/03 -9130/03)
October cover sheet
$.78,031.20
.100%,of fees an 100% of expenses aplication, period
(
1/01/0 3 --10/3 i/0 3) v.. ;.
November. cover sheet S. 48,744.27 15% fee holdback application period' (11/01/03 - 11/30/03)
Total Owed to Firm to Date
$ 250,686.56
.. I.I Heller 28 Ehrnan White &
McAuliffe LUP
- 6.
With regard to the copies of this Application served on counsel for the Committee, 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
.4 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD DECEMBER 1,2003, THROUGH DECEMBER 31,2003 CASE NO.: 01-30923 DM
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McAuliffe up 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 "ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE"'which was entered on or about July 26, 2001, the Debtor is authorized to'mak'e thepsayment.reqiested herein without a further hearing or. order of this Court unless an objection to this Application is filed with the Court by the Debtor, the Committee or the Unites 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 Applkcation was maale-d-by first class mail, postage prepaid, on or about January 29, 2004.
- 9.
.The. interim compensation and reimbursement of expenses sought in this Application is on account and is not final. Upon ihe conclusion of this case, the Firm will seek fees and-reinbtrseinent-oftt'e:expenses incurred for the totality of the services rendered in the case. Any interim fees or reimbursement of expenses approved by this Court and received by the Firm (along with the Firm's Retainer) will be credited'against such-final fees and expenses as may be allowed by this Court.
- 10.
The Firm represents and warrants that its billiing practices comply with all Northern District of California-Bankruptcy Local Rules and Compensation' Guidelines and the Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 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.
5 HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD DECEMBER 1,2003, THROUGH DECEMBER 31,2003 CASE NO.:'01-30923 DM
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10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 Heller 28 Ehrman White &
McAuliffe LLP 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 "ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."
Dated: January 29, 2004 HELLER EHRMAN WHITE & McAULIFFE LLP By:
Adam M. Cole Special Counsel for Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 6
HELLER EHRMAN'S COVER SHEET APPLICATION FOR PERIOD DECEMBER 1,2003, THROUGH DECEMBER 31,2003 CASE NO.: 01-30923 DM
Brett Stone HellerEhrinan A T T 0 A M I Y 3 Helter Ehrman White & McAujiffe LLP 333 Bush Street San Francisco, CA 94104-2878 U.S. Nuclear Regulatory Commission Attn: Document Control Desk; Washington, DC 20555-0001
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