ML040690715

Skadden, Arps, Slate, Meagher & Flom Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period January 1, 2004 Through January 31, 2004

ML040690715
Person / Time
Site:	Diablo Canyon
Issue date:	03/02/2004
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: ML040690715 (7)

Text

I 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

7 8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 In re ) Case No. 01 -30923-DM 12 PACIFIC GAS AND ELECTRIC COMPANY,) Chapter 11 Case a California corporation, )

13 )

Debtor. ) [No Hearing Scheduled]

14 )

Federal I.D. No. 94-0742640 )

.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 THE PERIOD JANUARY 1, 2004 THROUGH JANUARY 31. 2004 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 January 1, 2004 through January 31, 2004 (the 23 "Application Period"). In support of the Application, the Firm respectfully represents as follows:

24 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 & FLONI LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THIE PERIOD JANUARY 1, 2004 THROUGH JANUARY 31, 2004 bv-O

I compensation for services rendered and reimbursement of expenses incurred during the 2 Application Period.

3 2. The Firm billed a total of $122,676.48 in fees and expenses during the 4 Application Period. The total fees represent 346.80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> expended during the period covered by 5 this Application. These fees and expenses break down as follows:

6 7 Period Fees Expenses Total 8 January 1, 2004 $114,617.00 S8,059.48 S122,676.48 through January 31, 9 2004 1 1 1 10 3. Accordingly, the Firm seeks allowance of interim compensation in the 11 total amount of $105,483.93 at this time. This total is comprised as follows: $97,424.45 (85% of 12 the fees for services rendered)' plus $8,059.48 (100% of the expenses incurred).

13 4. For the post-petition period, the Firm has been paid to date as follows:

14 Application Period Amount Applied For Description Total 15 April 6 2001 through S 412,199.69 100% of fees and $384,116.822 16 July 31, 2001 100% of expenses August 1, 2001 $ 232,904.35 85% offees and $211,716.95 17 through August 31, 100% of expenses 2001 18 September 1, 2001 S182,393.51 85% of fees and $182,363.51 19 through September 100% of expenses 30, 2001 20 October 1, 2001 $351,118.17 85% offees and $351,118.17 21 through October 31, S100% of expenses 2001 22 November 1, 2001 $327,076.56 85% of fees and $327,076.56 23 through November 100% of expenses 30, 2001 24 25 I Payment of this amount would result in a "holdback" of $17,192.55.

26 2 This amount represents the amount allowed from the Firm's first interim fee application, after reduction for certain time and disbursements.

27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD JANUARY 1, 2004 THROUGH JANUARY 31, 2004 1 December 1, 2001 $49,443.48 85% of fees and $49,443.48 through December 100% of expenses 2

31, 2001 3 August 1, 2001 Amounts outstanding $137,056.57 through November from cover sheet fee 4 30,2001 applications less certain reductions 5 from Second Interim Fee Application 6

January 1, 2002 $104,031.40 85% of fees and S104,031.40 7 through January 31, 100% of expenses 2002 8

February 1, 2002 S159,990.72 85% of fees and $159,990.72 9 through February 28, 100% of expenses 2002 10 March 1, 2002 $89,507.42 85% of fees and S89,507.42 through March 31, 100% of expenses 11 2002 12 April 1, 2002 through $111,659.93 85% of fees and S 11,659.93 April 30, 2002 100% of expenses 13 December 1, 2001 Amounts outstanding $52,271.96 14 through March 31, from cover sheet fee 2002 applications less 15 certain reductions from Third Interim 16 Fee Application 17 May 1, 2002 through $90,110.23 85% of fees and $90,110.23 May 31, 2002 100% of expenses 18 June 1, 2002 through S28,872.94 85% of fees and $28,872.94 June 30, 2002 100% of expenses 19 July 1, 2002 through $77,733.11 85% of fees and $77,733.11 20 July 31, 2002 100% of expenses 21 August 1, 2002 $131,944.96 85% of fees and $131,944.96 through August 31, 100% of expenses 22 2002 23 September 1, 2002 $72,743.14 85% of fees and $72,743.14 through September 100% of expenses 24 30,2002 25 26 27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD JANUARY 1, 2004 THROUGH JANUARY 31, 2004 April 1, 2002 through $45,556.86 Amounts outstanding $45,556.86 July 31, 2002 from cover sheet fee 2 applications less voluntary reductions 3 from Fourth Interim Fee Application 4

October 1, 2002 $94,196.22 85% of fees and $94,196.22 5 through October 31, 100% of expenses 2002 6

November 1, 2002 S65,243.71 85% of fees and $65,243.71 7 through November 100% of expenses 30, 2002 8

December 1, 2002 $121,562.85 85% of fees and $121,562.85 9 through December 100% of expenses 31, 2002 10 August 1, 2002 S52,396.90 Amounts outstanding $52,396.90 through November from cover sheet fee 11 30, 2002 applications less voluntary reductions 12 from Fifth Interim Fee Application 13 January 1, 2003 $84,945.03 85% of fees and $84,945.03 14 through January 31, 100% of expenses 2003 15 February 1, 2003 $177,517.70 85% of fees and $177,517.70 16 through February 28, 100% of expenses 2003 17 March 1, 2003 $76,723.48 85% of fees and $76,723.48 18 through March 31, I100% of expenses 2003 19 April 1, 2003 through $39,352.64 85% of fees and $39,352.64 April 30, 2003 100% of expenses 20 May 1, 2003 through $15,449.60 85% of fees and $15,449.60 21 May 31, 2003 100% of expenses' 22 December 1, 2002 $67,940.43 Amounts outstanding $67,940.43 through March 31, from cover sheet fee 23 2003 applications less voluntary reductions 24 from Sixth Interim Fee Application 25 June 1, 2003 through $28,888.62 85% of fees and $28,888.62 26 June 30, 2003 100% of expenses 27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD JANUARY 1,2004 THROUGI JANUARY 31,2004 1 July 1, 2003 through $3,766.36 85% of fees and $3,766.36 2 July 31, 2003 100% of expenses August 1, 2003 S17,116.79 85% of fees and S17,116.79 3 through August 31, 100% of expenses 2003 4

September 1, 2003 $53,088.64 85% of fees and 553,088.64 5 through September 100% of expenses 30, 2003 6

April 1, 2003 through S14,568.01 Amounts outstanding $14,568.01 July 31, 2003 from cover sheet fee applications less 8 voluntary reductions from Seventh Interim 9 Fee Application October 1, 2003 S46,842.36 85% of fees and $46,842.36 10 through October 31, 100% of expenses 2003 11 November 1, 2003 $36,901.21 85% of fees and $36,901.21 12 through November 100% of expenses 30, 2003 13 December 1, 2003 $61,621.20 85% of fees and $61,621.20 14 through December 100% of expenses 31, 2003_

15 16 5. To date, the Firm is owed as follows (excluding amounts owed under this 17 Application):

18 Period Fees Description 19 Twenty-sixth (August 1, $2,845.72 15% fee holdback 2003 through August 31, 20 2003) 21 Twenty-seventh (September $8,096.47 15% fee holdback 1, 2003 through September 22 30, 2003) 23 Twenty-eighth (October 1, $7,757.81 15% fee holdback 2003 through October 31, 24 2003) 25 Twenty-ninth (November 1, $6,456.60 15% fee holdback 2003 through November 30, 26 2003) 27 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THIE PERIOD JANUARY 1, 2004 THROUGH JANUARY 31, 2004 1

Thirtieth (December 1, 2003 $10,698.00 15% fee holdback 2 through December 31, 2003)Total Owed to Firm to 3 Date Total Owed to Firm to Date $35,854.60 4

6. With regard to the copies of this Application served on counsel for the 5

Committee, counsel for the Debtor and the Office of the United States Trustee, attached as 6

Exhibit 1 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; 8

and (b) attached as Exhibit 2 are the detailed time and expense records for the Application Period 9

that comply with all Northern District of California Bankruptcy Local Rules and Compensation 10 Guidelines and the Guidelines of the Office of the United States Trustee.

11

7. The Firm has served a copy of this Application on the Special Notice List 12 in this case.

13

8. In accordance with this Court's "ORDER ESTABLISHING INTERIM 14 FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 15 on or about July 25, 2001, as subsequently amended, the Debtor is authorized to make the 16 payment requested herein without a further hearing or order of this Court unless an objection to 17 this Application is filed with the Court by the Debtor, the Committee or the United States Trustee 18 and served by the fifteenth day of the month following the service of this Application. If such an 19 objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection.

20 The Firm is informed and believes that this Cover Sheet Application was mailed by first class 21 mail, postage prepaid, on or about March 2, 2004.

22

9. The interim compensation and reimbursement of expenses sought in this 23 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 24 fees and reimbursement of the expenses incurred for the totality of the services rendered in this 25 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 26 27 SKADDEN, ARPS, SLATE, MEAGHER & FLOMN LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR TIHE PERIOD JANUARY 1, 2004 THROUGH JANUARY 31,2004 Firm will be credited against such final fees and expenses as may be allowed by this Court.

2 10. The Firm represents and warrants that its billing practices comply with all 3 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 4 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 5 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 6 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 7 except as among the members and associates of the Firm.

8 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 9 to the Firm as requested herein in accordance with the terms of the "ORDER ESTABLISHING 10 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."

11 Dated: March 2, 2004 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 12 13 By:&U ,

14 \Rchad Lvrn and Jamie L. Edmonson al Reglaor&Counsel to Debtor and Debtor in 15 Possession 16 17 18 19 20 21 22 23 24 25 26 27 SKADDEN, ARPS, SLATE, MEAGIIER & FLOM LLP'S COVER SHEET FEE APPLICATION FOR ALLOWANCE 28 AND PAYMENT OF INTERIMI COM1PENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD JANUARY 1, 2004 THROUGH JANUARY 31, 2004