ML040930190
| ML040930190 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/24/2004 |
| 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: ML040930190 (7) | |
Text
2 3
4 5
-6 I.7 8
- MARIE L.FIALA (No. 79676)
PETER J. BENVENUTTI (No. 60566)
ADAM M. COLE (No. 145344)
HELLER EHRMAN WHITE & McAULIFFE LLP 333 Bush Street San Francisco, California 94104-2878 Telephone: (415) 772-6000 Facsimile: (415) 772-6268
.J-19-13,
6.,39-5 Special Counsel for Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 1
1' UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 9 11
- 10
-11 i
I I 13 14 15 16
. 1 I
i In re I
I f
PACIFIC GAS AND ELECTRIC COMPANY, a California co'poration,
-! Case No.: 01-30923 DM Chapter 11 Case.:
[No Hearing Scheduled]
Debtor.
Federal I.D. No. 94-0742640 17 18
.19 20 21 22 23 24 25 26 27 Heller 28 Ehrman White &
McAuliffe LLP REVISED HELLER EHRMAN WHITE & McAULIFFE LLP'S COVER SHEET
-APPLICATION FOR ALLOWANCE AND PAYMENT-OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD FEBRUARY 1, 2004, THROUGH FEBRUARY 29, 2004
- Heller Ehriiian White & McAuliffe LLP (the "Firm" or "Heller Ehrman") submits this Revised Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period February 1, 2004, through February 29, 2004 (the "Application Period"). In support of the Application, the Firm
-respectfully represents as follows:
- 1. -The Firm is Special Counsel to Pacific Gas and Electric Company, debtor and debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm hereby ap~ies to the Court for allowance and payment of in'terim compensation for services rendered and reimbursement of expenses incurred durning the Application Period.
REVISED HELLER EHRMAN COVER SHEET APPLICATION FOR PERIOD FEBRUARY I, 2004, THROUGH FEBRUARY 29, 2004 CASE NO.: 01-30923DM
~9,pDI
2e
/b
- 2.
The Firm billed a total of $525,450.37 in fees and expenses during the 1
2 3
4 5
6 Application Period. The total fees represent 1;585.40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period-Fees
-. Expenses*-
Total 2/01/04-2/29/04 T
$495,834.20 l
$29,616.17
$525,450.37 7
8 9
- 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of S451,075.24 at this time. This total comprises the following: S421,459.07 (85%
of the fees incurred during the Application Period)' plus $29,616.17 (100% of the expenses incurred).. -
- 4.
For the post-petition period, the Firm has been paid to date as follows:2 Application Period' JAmount Applied For -
Description j
Amount Paid 4/6/01 - 7/31/01 (first
$2,264,794.01, 100% of fees and.
S2,246,327.813 post-petition interim 100%'of expenses ee application period).
_._._I _.:_._
10
'.>11 12 13 14
.15 16 i
I
'17 18 19 20
' 21 22
- 23 24 25
- 26 27 Heller 28
- Ehrman White &;,
McAuliffe LLP
- Payienet of this amount would result in a "holdback" of $74,375.13; equal to.15% of the Firm's fees for services rendered during the Application Period.
2 On December 19, 2000, PG&E paid a retainer to Heller Ehrman in the amount of $350,000.
Pursuant to written agreement between the parties dated December, 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 make payment in the ordinary course. By written agreement dated April 5, 2001, the parties modified that arrangement to authorize Heller Ehrman to apply the retainer to payment of
'.unpaid pre-petition' fees and expenses 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 Ehrnan as Special Counsel (Apr. 17, 2001); see also PG&E's Application to Employ Heller Ehrman as Special Counsel.¶¶ 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 Ehrman 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 Ehrman continues to hold a retainer balance of $ 196,851.93.
The amount paid reflects a disallowance of S18,466.20 in fees. See Order Approving Heller Ehrman White & McAuliffe LLP's First Interim Fee Application for Allowance and Payment of Compensation and Reimbursement of Expenses for the Period April 6, 2001, Through July 31, 2001 (Nov. 21, 2001); December 12, 2001 Order at pp. 16-17.
2 REVISED HELLER EHRMAN COVER SHEET APPLICATION FOR PERIOD.
FEBRUARY 1,2004, THROUGH FEBRUARY 29, 2004 CASE NO.: 01-30923 DM II
2 3
5 6
7
__. 8 9
-10 11
-12 13 14 15 16 17 18 19 20 21 Application'Pe'riod
-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 fee application period) 12/1/01 3/31/02.
- $2,477,438.24 100% of2fees 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% of fees and
$3,127,477.88 (fourth post-petition 100% of expenses interim fee application period) 8/1/02 -.11/30/02
$3,442,121.72 100% 'of fees and
$3,442,049.42 (fifth post-petition 100% of expenses interim fee application period) 12/1/02 -3/31/02
$4,990,707.18 100% of fees and
-$4,990,707.18 (sixth post-petition
.I.
. 100% of expenses E interim fee application' period) 4/01/03 -7/31/03.
$2,444,820.00 100% of fees and
$2,444,820.00 (seventh post-petition 100% ofiexpenses interim fee application period) 8/01/03 - 11/30/03
$1,645,206.84 100% of fees plus
$1,645,206.84 (eighth post-petition 100%'of expenses interim fee application less $162,144.725 period) -
12/01/03 - 12/31/03
$ 322,951.21' 85% of fees and
$ 322,951.23 (December CSA 100% of expenses p eriod)
. ;
I -
I,
i
.1 I
2211
- . - -.23 24 25 2'26
- 1.. _.
.I
.2 7
-,,27 Heller 28 Ehrman White &
McAuliffe LLP 4The amount paid reflects a disallowance of $19,921.40 in fees for certain paralegal charges. See Order Approving'Heller Ehrmadn White & McAuliffe LLP's Second Interim Fee Application Tj 1 (Feb. 27, 2002).
Heller Ehrman's eighth interim fee application originally requested $1,669,961.40 in fees and
$137,390.16 in expenses.' Hellr Elirinii'siibsequently agreed to reduce its expenses for computerized legal research forthe period 6f the'first eight interim fee applications (April 6, 2001, through November 30, 2003) by'S 161,649.72. Heller Ehrmadi also agreed to forgo a request for compensation of $495 in expenses for desktop publishing services.
i 3
REVISED HELLER EHRMAN COVER SHEET APPLICATION FOR PERIOD FEBRUARYI,2004,THROUGHFEBRUARY29,2004 CASE NO.: 01-30923 DM
1 2
3 4
5 6
7 8
9 9
10
, -11 12 13 14 15 16 17 18 19 20 21 22 23 24 1/01/04-. 1/3 1/04
$ 393,669.206 85% offees and
$ 0.00 (January CSA period),
100% of expenses Total S21,096,016.11
$20,682,403.27
- 5.
To date, the Firm is owed as follows (excluding amounts owed.pursuant to this Application):
Application Period -
Amount
==
Description:==
First post-petition interim 0
fee application period (4/6/01 - 7/31/0 1)
Second post-petition 0
interim fee application; period (8/1/01 - 11/30/01)
Third post-petition interim 0
fee application'period (12/1/01 - 3/31/02)._-
Fourth post-petition interim 0
fee application period (4/1/02 - 7/31/02).
Fifthlpost-petition interim,-:
I-fee application period (8/1/02.-11/30/02)
Sixth post-petition interim 0
fee application period (12/01/02 - 3/31/03).
Seventh post-petition 0
interim ee application, period (4/01/03 - 7/31/03)
Eighth ost-petition interim S
0 fee'application (8/1/03-1 1/3 0103).
December cover sheet
$52,682.46 15% fee holdback application period (12/01/03 - 12/31/03) 25 26 27 Heller 28 Ehrman White &
McAuliffe LLP 6
.As originally submitted, Heller Ehiman's January 2004 Cover Sheet Application requested compensation in the amount of $396,440.37 ($434,845.72 in fees.+ $27,158.79 in expenses). Heller Ehrman subsequently agreed with PG&E to reduce the amourit of fees requested for the January 2004 invoice for Matter No. 63 by $3,657, thereby reducing the amount of current compensation sought for that invoice to
$393,669.20 (85% x (434,845.72 - $3,657) + $27,158.79).
4 REVISED HELLER EHRMAN COVER SHEET APPLICATION FOR PERIOD FEBRUARY 1, 2004, THROUGH FEBRUARY 29, 2004 CASE NO.: 01-30923 DM
.i
11 2,
£3 5
6 7
-8 9
10 12 13 14 15
-16 17 18 19 20 21 22 23 24 25
'26 27 Heller 28 Ehirman White &
McAuliffe LLP Application Period
' Amount'f Description January cover sheet -
$458,347.51 100% of fees and 100% of expenses application period (M61/044-131/04)
Total Owed to Firn to Date' &
$511,029.97
- 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 I 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; 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 hads serived 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 make the payment requested 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 Application was mailed by first class mail, postage prepaid, on or about March 24, 2003.
- 9.
The interim compensation and reimbursement of expenses sought in this Application is on account and is not final. Upon the conclusion of this case, the Firm will seek fees and reimbursement of the expenses incurred for the totality of the serivices rendered in the case. Any interim fees or reimbursement of expenses approved by this 5
REVISED HELLER EHRMAN COVER SHEET APPLICATION FOR PERIOD FEBRUARY 1, 2004, THROUGH FEBRUARY 29, 2004 CASE NO.: 01-30923 DM
1 2
3 4
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Heller 28 Ehrrnan White &
McAuliffe uP 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 billing 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.
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: March 24,2004 HELLER EHRMAN WHITE & McAULIFFE LLP By:
- lI
(
- Adam M. Cole Special Counsel for Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY 6
REVISED HELLER EHRMAN COVER SHEET APPLICATION FOR PERIOD FEBRUARY 1, 2004, THROUGH FEBRUARY 29, 2004 CASE NO.: 01-30923 DM
Brett Stone HellerEhrman Heller Ehrman White & McAuliffe u.P 333 Bush Street San Francisco, CA 94104-2878
- U.S. Nucicar Regulatory Commission Attn: Document Control Dcsk Washington, DC 20555-0001
//
-a4OFS!:i4Otri 1,.1.,11...111,,
! i fi i i
i i i
{
I I i iiii ii' j ;;
- j j
' i t i
ii
- }
j f ;;
Iii i
i i i iii :ii i;: i i
? i i i i i i i
.,: i
- i i
- i l
- : i 4