ML040690660

Notice of Filing and Service

ML040690660
Person / Time
Site:	Diablo Canyon
Issue date:	03/01/2004
From:	Jostis 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: ML040690660 (8)

Text

I Donald K. Dankner (No. 0186536) 2 Thomas F. Blakemore (No. 03121566)

Stacy D. Justic (No. 6277752) 3 WINSTON & STRAWN LLP 35 West Wacker, Suite 4200 4 Chicago, IL 60601 312-558-5600 (Phone) 5 312-558-5700 (Facsimile) 6 Counsel to Debtors and Debtors in Possession 7 UNITED STATES BANKRUPTCY COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 In re Case No. 01-30923 DM I1 PACIFIC GAS AND ELECTRIC Chapter I I Case COMPANY, a California corporation, 12 [No Hearing Scheduled]

Debtor.

13 Federal I.D. No. 94-0742640 14 NOTICE OF FILING AND SERVICE 15 16 To: Parties Listed on Attached Certificate of Service 17 PLEASE TAKE NOTICE that Winston & Strawn LLP has, as of the date below, served 18 19 the attached Cover Sheet Application For Allowance And Payment Of Interim 20 Compensation And Reimbursement Of Expenses For The Period January 1, 2004 through 21 January 31, 2004 on the attached Special Notice List and filed this Notice with the United 22 States Bankruptcy Court for the Northern District of California, San Francisco Division, 235 23 Pine Street, 19th Floor, San Francisco, California 94104.

24 25 Dated: March 1, 2004 WINSTON & STRAWN LLP 26 Chicago, Illinois By: Its tto One t 27 327(e) Counsel to the Debtors and Debtors in Possession 28 f

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I Donald lK. Dankner (No. ()186536)

Thomas F. Blakemore (No. 03121566) 2 Stacy D. Justic (No. 6277752) 3 WINSTON & STRAWN LLP 35 West Wacker Dr.

4 Chicago, IL 60601 Phone: 312-558-5600 5 Facsimile: 312-558-5700 6 Counsel to Debtor and Debtor in Possession 7

8 9 UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 In re Case No. 01 -30923 DM 13 PACIFIC GAS AND ELECTRIC Chapter II Case COMPANY, a California corporation, 14 [No Hearing Scheduled]

Debtor.

15 Federal I.D. No. 94-0742640 16 17 WINSTON & STRAWN LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 18 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD 19 JANUARY 1. 2004 THROUGH JANUARY 31. 2004 20 Winston & Strawn LLP (the "Firm") submits its Cover Sheet Application (the 21 "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 22 Expenses for the Period of January 1, 2004 through January 31, 2004 (the "Application Period").

23 In support of the Application, the Firm respectfully represents as follows:

1. Pursuant to the Amendment to the Amended Application for Authority to 25 2 Employ and to continue the Employment of Special Counsel dated as of September 13, 2001, the 26 27 Firm is counsel to the above-captioned debtor and debtor in possession (the "Debtor") and 28 employed under section 327(e) of the Bankruptcy Code, I I U.S.C. § 101 et seq. (the "Code").

I 2. Pursuant lo the Order Establ islhing Intcrini Fe A\ pp lication aind I xpense 2 Reimbursement Procedure entered on July 26, 2001 (the "Fee Order"), the Finn hereby applies to 3 the Court for allowance and payment of interim compensation for services rendered and 4

reimbursement of expenses incurred during the Application Period.

5 6 3. The Firm billed a total of $20,218.94 in fees and expenses during the 7 Application Period. The total fees represent 80.8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> expended during the Application Period.

8 These fees and expenses break down as follows:

9 Period Fees Expenses Total 10 January I - January 31, 2004 $18,755.60 $1,463.34 $20,218.94 11

4. Accordingly, the Firm seeks allowance of interim compensation in the 12 13 total amount of$17,405.60 at this time. This total is comprised as follows:

14 $15,942.26 (85% of the fees for services rendered)' plus $1,463.34 (100% of the expenses 15 incurred).

16 5. Pursuant to the Stipulation and Order Regarding Employment of Winston 17 & Strawn as Special Counsel to the Debtor in Possession dated September 24, 2001 (the 18 "Stipulation"), the Firm's reimbursement for all fees and expenses incurred by the Firm as special 19 counsel to Debtor through July 31, 2001, is governed by the Order entered on August 16, 2001, 20 21 approving the Amended Application for Authority to Employ and Continue the Employment of 22 Special Counsel (the "Omnibus Order"). Pursuant to the Stipulation and Omnibus Order, the 23 Firm has not and will not submit Applications for fees and expenses incurred through July 31, 24 2001.

25 6. To date, the Firm has submitted invoices for the following post-petition 26 27 services directly to the debtor:

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Payment of Ihis amount would result in a 'holdback' of $2,813.34.

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A)plicatliun Period [ Aniount DuC lIl Amount aid A unt OuLstding 2 June 1, 2001 -June 30, $117,735.06 $117,494.31 $0.00 2001 _ _ _ _ _ _ _ _ 1 3 July 1, 2001-July 31, $169,199.53 $169,197.43 $0.00 2001 4 7. To date, the Firm has been paid $117,494.31 for the June 1, 2001 through 5

June 30, 2001 period and $ 169,197.43 for the July 1,2001 through July 31, 2001 period.

6

8. For fees and expenses incurred on behalf of the Debtor after July 31, 2001, 7

8 the Firm is governed by the Fee Order and must file monthly fee applications ("Cover Sheet 9 Applications") and quarterly fee applications ("Interim Fee Applications") with the Court 10 pursuant to section 331 of the Code.

11

9. The following chart reflects: (a) the Cover Sheet Applications submitted to 12 date by W&S, including this Cover Sheet Application; (b) the First, Second, Third, Fourth, Fifth, 13 14 Sixth and Seventh Interim Applications submitted to date by W&S; (c) for the fees and expenses 15 incurred by the Firm after July 31, 2001, the amounts incurred and the amounts paid to W&S by 16 the Debtor to date; (d) W&S's voluntary and Court ordered reductions in compensation sought 17 from the Debtor as part of the First Interim Application; and (e) the total amount owed by the 18 Debtor to the Firm to date.

19 20 21 [restofpage left intentionallyblank]

22 23 24 25 26 27 28 3

2 Application Period 85% Fees Expenses 15% Fee Amount Paid Total Amount 3 Holdback Oved 2 August I - November 4 30, 2001 Interim $881,496.65 $71,206.39 $155,558.23 $1,108,261.28 $0.00 Application Period _

5 December 1, 2001 -

March 31, 2002 $598,974.22 $61,140.86 $105,701.34 $765,816.41 $0.00 6 Interim Application Period 7 April 1, 2002 - July 31, 2002 Interim $400,790.65 $25,688.92 $70,724.75 $497,204.33 $0.00 8 Application Period .

August 1, 2002-9 November 30, 2002 $421,593.39 $35,004.03 $74,398.87 $530,996.29 $0.00 Interim Application 10 Period December 1, 2002 -

11 March 31,2003 $412,591.79 $31,681.44 $72,810.31 $517,083.54 $0.00 Interim Application 12 Period April 1, 2003-July 13 31, 2003 Interim Application Period $223,720.47 $22,102.11 $39,480.08 $285,302.66 $0.00 14 August 1, 2003-November 30,2003 15 Interim Application Period $58,434.65 $13,945.06 $10,312.00 $72,379.76 $10,311.95 16 December 1, 2003-December31, 2003 $9,379.54 $814.57 $1,655.21 S0.00 $11,849.32 17 January 1, 2004 -

January 31, 2004 $15,942.26 $1,463.34 $2,813.34 $0.00 $20,218.94 18 Total $3,022,923.62 $263,046.72 $533,454.13 $3,777,044.27 $42,38021 19

10. With regard to the copies of this Application served on counsel for the 20 Official Committee of Unsecured Creditors (the "Committee"), reorganization counsel for the 21 22 Debtor and the Office of the United States Trustee, (a) attached as Exhibit 1 hereto is the name 23 of each professional who performed services in connection with this case during the period 24 covered by this Application and the hourly rate for each such professional; and (b) attached as 25 Exhibit 2 are the detailed time and expense statements for the Application Period that comply 26 with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines 27 and the Guidelines of the Office of the United States Trustee.

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Total Amount Owed includes the 15% holdback.

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I 1 . 'Hie i irm ha"Is scrvcd a copy ol this Application (without Exhibits) on the 2 Special Notice List in this case.

3

12. Pursuant to this Court's Fec 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 March 1, 2004.

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13. 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 I5 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 16 Firn will be credited against such final fees and expenses as may be allowed by this Court.

17 14. The Firm represents and warrants that its billing practices comply with all 18 Northem District of California Bankruptcy Local Rules and Compensation Guidelines and the 19 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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2 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 3

to the Firm as requested herein pursuant to and in accordance with the terms of the Fee Order.

4 5

Dated: March I, 2004 WINSTON & STRAWN LLP 6

7 By: < 7 )

8 Owe of IWAttomeygt 327(e) Younsel to Debtors and 9 Debtors in Possession 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C9I:1332965.1 6

CERTIFICATE OF SElRVICE, 2 1, Paige D. Stepan, certify that on or about March 1, 2004, 1 caused a copy of the attached Notice of Filing and Service to be served upon the United States Tristee, Pacific Gas 3 and Electric Company ("PG&E"), the debtor and debtor in possession, reorganization counsel for 4 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 5 indicated:

6 By Federal Express I 7 United States Trustee Attn.: Mr. Stephen Johnson 8 United States Department of Justice 250 Montgomery Street, Suite 1000 9 San Francisco, CA 94101 10 James L. Lopes Howard, Rice, Nemerovski, Canady, I1 Falk & Rabkin Three Embarcadero Center, 7th Floor 12 San Francisco, CA 94111 13 Robert J. Moore Milbank, Tweed, Hadley & McCloy LLP 14 601 South Figueroa Street Los Angeles, CA 900017 15 By U.S. Mail 16 Theresa Lett 17 Pacific Gas & Electric P.O. Box 7442 18 San Francisco, CA 94120 19 20 Paige D. Sfe 21 Senior Par~jal for Winston & Strawvn LLP 22 23 24 25 26 27 28 3

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