ML040420034
| ML040420034 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 02/04/2004 |
| From: | Edmonson J 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: ML040420034 (7) | |
Text
1 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 4
Facsimile: 213/687-5600 5
Special Counsel for Pacific Gas and Electric Company, Debtor and Debtor in Possession 6
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UNITED STATES BANKRUPTCY COURT 9
NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 In re
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Case No. 01-30923-DM 12 PACIFIC GAS AND ELECTRIC COMPANY,)
Chapter 11 Case a California corporation,
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Debtor.
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[No Hearing Scheduled]
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Federal I.D. No. 94-0742640
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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 THlE PERIOD DECEMBER 1. 2003 THROUGH DECEMBER 31. 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 December, 2003 through December 31, 2003 (the 23 "Application Period"). In support of the Application, the Firm respectfully represents as follows:
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- 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 ALLOWNANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1, 2003 THROUGH DECEMBER 31, 2003
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 compensation for services rendered and reimbursement of expenses incurred during the Application Period.
- 2.
The Firm billed a total of 72,319.20 in fees and expenses during the Application Period. The total fees represent 188.00 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> expended during the period covered by this Application. These fees and expenses break down as follows:
Period Fees Expenses Total December 1, 2003 571,320.00 S999.20 S72,319.20 through December 31, 2003 I
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $61,621.20 at this time. This total is comprised as follows: S60,622.00 (85% of the fees for services rendered)' plus S999.20 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:
Application Period Amount Applied For Description Total.
April 6 2001 through
$ 412,199.69 100% of fees and S384,116.822 July 31, 2001 100% of expenses August 1,2001 S 232,904.35 85% of fees and 5211,716.95 through August 31, 100% of expenses 2001 September 1, 2001
$182,393.51 85% of fees and S182,363.51 through September 100% of expenses 30,2001 October 1, 2001
$351,118.17 85% of fees and
$351,118.17 through October 31, S100% of expenses 2001 I
Payment of this amount would result in a "holdback" of $10,698.00.
2 This amount represents the amount allowed from the Firm's first interim fee application, after reduction for certain time and disbursements.
SKADDEN, ARPS, SLATE, NEAGHER & FLONI LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1,2003 TIROUGH DECEMBER 31, 2003 1
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 November 1, 2001 S327,076.56 85% of fees and S327,076.56 through November 100% of expenses 30, 2001 December 1, 2001 S49,443.48 85% of fees and S49,443.4S through December 100% of expenses 31, 2001 August 1, 2001 Amounts outstanding S137,056.57 through November from cover sheet fee 30, 2001 applications less certain reductions from Second Interim Fee Application January 1, 2002 S104,031.40 85% of fees and S104,031.40 through January 31, 100% of expenses 2002 February 1, 2002 S 159,990.72 85% of fees and S 1 59,990.72 through February 28, 100% of expenses 2002 March 1, 2002
$89,507.42 85% of fees and S89,507.42 through March 31, 100% of expenses 2002 April 1, 2002 through
$111,659.93 85% of fees and
$111,659.93 April 30, 2002 100% of expenses December 1, 2001 Amounts outstanding
$52,271.96 through March 31, from cover sheet fee 2002 applications less certain reductions from Third Interim Fee Application May 1, 2002 through S90,110.23 85% of fees and S90,110.23 May 31, 2002 100% of expenses June 1, 2002 through
$28,872.94 85% of fees and
$28,872.94 June 30, 2002 100% of expenses July 1, 2002 through S77,733.11 85% of fees and
$77,733.11 July 31, 2002 100% of expenses August 1, 2002 S131,944.96 85% of fees and
$131,944.96 through August 31, 100% of expenses 2002 September 1, 2002
$72,743.14 85% of fees and
$72,743.14 through September 100% of expenses 30, 2002 SKADDEN, ARPS, SLATE, MEACHER & FLOMN LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1, 2003 THROUGH DECEMBER 31, 2003 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 April 1, 2002 through S45,556.86 Amounts outstanding S45,556.86 July 31, 2002 from cover sheet fee applications less voluntary reductions from Fourth Interim Fee Application October 1, 2002
$94,196.22 85% of fees and S94,196.22 through October 31, 100% of expenses 2002 November 1, 2002
$65,243.71 85% of fees and
$65,243.71 through November 100% of expenses 30, 2002 December 1, 2002
$121,562.85 85% of fees and
$121,562.85 through December 100% of expenses 31, 2002 August 1,2002
$52,396.90 Amounts outstanding
$52,396.90 through November from cover sheet fee 30, 2002 applications less voluntary reductions from Fifth Interim Fee Application January 1, 2003
$84,945.03 85% of fees and
$84,945.03 through January 31, 100% of expenses 2003 February 1, 2003 5177,517.70 85% of fees and S177,517.70 through February 28, 100% of expenses 2003 March 1, 2003
$76,723.48 85% of fees and
$76,723.48 through March 31, 100% of expenses 2003 April 1, 2003 through
$39,352.64 85% of fees and
$39,352.64 April 30, 2003 100% of expenses May 1, 2003 through S15,449.60 85% of fees and
$15,449.60 May 31, 2003 100% of expenses December 1, 2002
$67,940.43 Amounts outstanding
$67,940.43 through March 31, from cover sheet fee 2003 applications less voluntary reductions from Sixth Interim Fee Application June 1,2003 through
$28,888.62 85% of fees and
$28,888.62 June 30, 2003 100% of expenses SKADDEN, ARPS, SLATE, NIEAGHER & FLOM LLP S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1, 2003 THROUGH DECEMBER 31, 2003 1
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 July 1, 2003 through S3,766.36 85% of fees and
$3,766.36 July 31, 2003 100% of expenses August 1, 2003 S17,116.79 85% of fees and
$17,116.79 through August 3 1, I 00% of expenses 2003 September 1, 2003
$53,088.64 85% of fees and S53,0SS.64 through September 100% of expenses 30, 2003 April 1, 2003 through
$14,568.01 Amounts outstanding S14,56S.01 July 31, 2003 from cover sheet fee applications less voluntary reductions from Seventh Interim Fee Application October 1, 2003
$46,842.36 85% of fees and 546,842.36 through October 31, 100% of expenses 2003 November 1, 2003 S36,901.21 85% of fees and S36,901.21 through November 100% of expenses 30, 2003
- 5.
To date, the Firm is owed as follows (excluding amounts owed under this Application):
Period Fees Description Twenty-sixth (August 1,
$2,845.72 15% fee holdback 2003 through August 31, 2003)
Twenty-seventh (September
$8,096.47 15% fee holdback 1, 2003 through September 30, 2003)
Twenty-eighth (October 1,
$7,757.81 15% fee holdback 2003 through October 31, 2003)
Twenty-ninth (November 1, S6,456.60 15% fee holdback 2003 through November 30, 2003)
Total Owed to Firm to Date
$25,156.60 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1, 2003 THROUGH DECEMBER 31, 2003 1
- 6.
With regard to the copies of this Application served on counsel for the 2
Committee, counsel for the Debtor and the Office of the United States Trustee, attached as 3
Exhibit I hereto is the name of each professional who performed services in connection with this 4
case during the period covered by this Application and the hourly rate for each such professional; 5
and (b) attached as Exhibit 2 are the detailed time and expense records for the Application Period 6
that comply with all Northern District of California Bankruptcy Local Rules and Compensation 7
Guidelines and the Guidelines of the Office of the United States Trustee.
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The Firm has served a copy of this Application on the Special Notice List 9
in this case.
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- 8.
In accordance with this Court's "ORDER ESTABLISHING INTERIM 11 FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 12 on or about July 25, 2001, as subsequently amended, the Debtor is authorized to make the 13 payment requested herein without a further hearing or order of this Court unless an objection to 14 this Application is filed with the Court by the Debtor, the Committee or the United States Trustee 15 and served by the fifteenth day of the month following the service of this Application. If such an 16 objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection.
17 The Firm is informed and believes that this Cover Sheet Application was mailed by first class 18 mail, postage prepaid, on or about February 4, 2004.
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- 9.
The interim compensation and reimbursement of expenses sought in this 20 Application is on account and is not final. Upon the conclusion of this case, the Firmn will seek 21 fees and reimbursement of the expenses incurred for the totality of the services rendered in this 22 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 23 Fimn will be credited against such final fees and expenses as may be allowed by this Court.
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- 10.
The Firm represents and warrants that its billing practices comply with all 25 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 26 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 27 SKADDEN, ARPS, SLATE, MEAGHER & FLON LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REINIBURSENIENT OF EXPENSES FOR TIHE PERIOD DECEMBER 1, 2003 THROUGH DECEMBER 31, 2003 3
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.
WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the Firm as requested herein in accordance with the terms of the "ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."
Dated: February 4, 2004 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMIBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1, 2003 THROUGH DECEMBER 31,2003