ML040970463

Howard, Rice, Nemerovski, Canady, Falk & Rabkin Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for February, 2004

ML040970463
Person / Time
Site:	Diablo Canyon
Issue date:	03/30/2004
From:	Nexon J Howard, Rice, Nemerovski, Canady, Falk & Rabkin, 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: ML040970463 (5)

Text

1 JAMES L. LOPES (No. 63678)

JEFFREY L. SCHAFFER (No. 91404)-

2 JANET A. NEXON (No. 104747)

WILLIAM J. LAFFERTY (No. 120814) 3 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN 4 A Professional Corporation Three Embarcadero Center, 7th Floor

.5 San Francisco, California 94111-4065 Telephone: 415/434-1600 6 Facsimile: 415/217-5910 .D 's'-&

7 Attorneys for Debtor and Debtor in Possessidn PACIFIC GAS AND ELECTRIC COMPANY 8

9 UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 In re Case No. 01-30923 DM HOVARD 13 PACIFIC GAS AND ELECTRIC Chapter 11 Case SixD 14 COMPANY, a California corporation, EAWE DFABTK 15 Debtor. [NO HEARING REQUESTED]

16 Federal I.D. No. 94-0742640 17 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN 18 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 19 AND REIMBURSEMENT OF EXPENSES FOR FEBRUARY. 2004 20 21 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its 22 Cover Sheet Application (the "Application") for Allowance and Payment of Interim 23 Compensation and Reimbursement of Expenses for the Period February 1, 2004 through 24 February 29, 2004 (the "Application Period"). In support of the Application, the Firm 25 respectfully represents as follows:

26 1. The Firm is counsel to Pacific Gas and Electric Company, the debtor and 27 debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm 28 hereby applies to the Court for allowance and payment of interim compensation for services WD 032904/1-1419904/114021 I/vt I f &g 1

1 rendered and reimbursement of expenses incurred during the Application Period.

2 2. The Firm billed a total of $473,489.45 in fees and expenses during the 3 Application Period. The total fees represent 1,402.1 hours1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> expended during the Application 4 Period. These fees and expenses break down as follows:

5 6 Period Fees Expenses Total 7 l February, 2004 $ 434,330.50 I $39,158.95 l $ 473,489.45 8

9 3. Accordingly, the Firm seeks allowance of interim compensation in the total 10 amount of $408,339.88 at this time. This total is comprised as follows: $369,180.93 (85%

11 of the fees for services rendered)' plus $39,158.95 (100% of the expenses incurred).

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

HONAD 13 ala~ 14 EUK Application Period Amount Applied For Description Amount Paid AP*-WCWS 15 April 6,2001 through 100% of fees and July 31, 2001 (1st $4,646,476.74 expenses $4,646,476.74 16 post-petition interim fee application 17 period) 82 18 August 1, 2001 $3,921,628.38 100% of fees and $3,921,528.382 through November expenses 19 30, 2001 (2nd post-petition interim fee 20 application period)

December 1, 2001 $4,253,813.78 100% of fees and $4,238,243.763 21 through March 31, expenses 2002 (3rd post-22 petition interim fee application period) 23 24 25 26 'Payment of this amount would result in a "holdback" of $65,149.57 2 The Firm had written off an additional $100.00 in fees.

27 3 The Firm had written off an additional $15,570.02 in fees.

28 WD 032904/1-1419904/1 14021 I/vI-1 Application Period Amount Applied For Description Amount Paid 2 April 1,2002 through $5,520,001.30 100% of fees and $5,520,001.30 3 July 31, 2002 (4th expenses post-petition interim 4 fee application period) 5 August 1, 2002 100% of fees and 6 through November $7,679,231.32 expenses $7,679,231.32 30, 2002 (5th post-7 petition interim fee 8 application period)

December 1, 2002 $4,722,304.02 100% of fees and $4,722,304.02 9 through March 3 1, expenses 2003 (6th post-10 petition interim fee 11 application period)

April 1, 2003 through $2,103,181.96 100% of fees and $2,103,181.96 12 July 31, 2003 (7th expenses post-petition interim HOWARD RJE 13 fee application Go FaK 14 period)

August, 2003 through $11879 100% of fees and A7--t_~ 1 5 November 30, 2003 ,8,187.64 expenses $1,879,187.64 16 (8th post-petition interim fee 17 application period) 18 December, 2003 $ 366,674.28 85% of fees and $ 366,674.28

__ _ _ _ __ __ _ _100% of expensesI 19 January, 2004 $ 427,923.77 85% of fees and $ 427,923.77 20 FirmtoDate$35,520,4 9100% of expenses $35,504,7 Total Paid to the $35,520,423.19 $35,504,753.17 21 F ir mto D ate I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

22 23 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to 24 this Application):

25 26 27 28 WD 032904/1-1419904/114021 I/v-1 2 Application Period Amount Description 3 Dec. 1-Dec. 31, 2003 $ 62,197.12 15% fee holdback 4 Jan. 1 -Jan. 31, 2004 $ 71,642.18 15% feeholdback 5 Total Owed to Firm to Date $133,839.30 6 6. With regard to the copies of this Application served on counsel for the 7 Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of 8 the United States Trustee, attached as Exhibit I hereto is the name of each professional who 9 performed services in connection with this case during the Application Period and the hourly 10 rate for each such professional; and attached as Exhibit 2 is an Account Summary. The 11 detailed time and expense statements for the Application Period that comply with all 12 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and HOWARD 13 the Guidelines of the Office of the United States Trustee have been submitted in electronic RKE

'CR a 14 EUK form to the Office of the United States Trustee and mailed to counsel for the Committee and

&RAMN AaI*dWb. Io.15 to the Debtor.

16 7. The Firm is serving a copy of this Application (without Exhibits) on the 17 Special Notice List in this case.

18 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 19 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE 20 (Revised March, 2002)" (the "Amended Order"), the Debtor is authorized to make the 21 payment requested herein without a further hearing or order of this Court, unless an 22 objection to this Application is filed with the Court by the Debtor, the Committee or the 23 United States Trustee and served by the fifteenth day of the month following the service of 24 this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if 25 any, not subject to the objection. The Firm is informed and believes that this Cover Sheet 26 Application was mailed by first class mail, postage prepaid, on or about March 30, 2004.

27 9. The interim compensation and reimbursement of expenses sought in this 28 WD 032904/1-1419904/114021 I/v4 1 Application is on account and is not final. Upon the conclusion of this case, the Firm will 2 seek fees and reimbursement of the expenses incurred for the totality of the services 3 rendered in the case. Any interim fees or reimbursement of expenses approved by this Court 4 and received by the Firm (along with the Firm's retainer) will be credited against such final 5 fees and expenses as may be allowed by this Court.

6 10. The Firm represents and warrants that its billing practices comply with all 7 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 8 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any members 9 of the Firm has any agreement or understanding of any kind or nature to divide, pay over or 10 share any portion of the fees or expenses to be awarded to the Firm with any other person or 11 attorney except as among the members and associates of the Firm.

12 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation HWRD 13 to the Firm as requested herein pursuant to and in accordance with the terms of the Amended RIM ma 14 Order.

&PAHMN' Aft_,, a.-15 DATED: March 30, 2004 HOWARD, RICE, NEMEROVSKI, CANADY, 16 FALK & RABKIN 17 A Professional Corporation 18 /& -~ &]OL0t 1919 l By: \J JANETAJA joA. NEXON t'--

Attorneys for Debtor and Debtor in Possession 20 PACIFIC GAS AND ELECTRIC COMPANY 21 22 23 24 25 26 27 28 WD 032904/1-14199041114021 I/y-