ML040980496

Cooley Godward Llp'S Thirty-Third Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period February 1, 2004 - February 29, 2004

ML040980496
Person / Time
Site:	Diablo Canyon
Issue date:	03/31/2004
From:	Joseph Kelly Cooley Godward, 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: ML040980496 (2)

Text

t I COOLEY GODWARD LLP for allowance and payment of interim compensation for services rendered and reimbursement of

. . MICHAEL KELLY (133657) 2 MARTIN S. SCHENKER (109828) 2 expenses incurred during the Application Period.

GREGG S. KLEINER (141311) 3 One Maritime Plaza, 20th Floor 3 2. The Firm billed a total of 5174,045.13 in fees and expenses during the Application San Francisco, CA 94111-3580 4 Telephone: (415) 693-2000 i il 4 Period. The total fees represent approximately 569.25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br /> expended during the period covered Facsimile: (415) 951-3699 i 5 , 5 by this Application. These fees and expenses break down as follows:

6 Special Counsel to Debtor PACIFIC GAS AND ELECTRIC COMPANY t0

'3 6 PERIOD l February I to February 29, 2004 I FEES l $167,317.75 I EXPENSES 156,727.38 TOTAL l s174,045.13 7 7 I

8 UNITED STATES BANKRUPTCY COURT S 3. Accordingly, the Firm seeks allowance of interim compensation in the amount of a i

9 NORTHERN DISTRICT OF CALIFORNIA 9 total of $151,947.47 at this time. This total is comprised as follows: S145,220.09 (85%) of the I

10 SAN FRANCISCO DIVISION i 10 fees for services rendered' plus $6,727.38 (100% of the expenses incurred).

i 11 In re Chapter 11 I *I I 4. For the post-petition period, the Firm has been paid to date as follows:

I 12 PACIFIC GAS AND ELECTRIC Case No.01-30923 DM 'j 12 APPLICATION PERIOD AMOUNTAPPLIED DESCRIPTION AMOUNT PAID COMPANY, a California corporation, _ ___ __ __ _ _ _ _ _ _ _ _FO R_ _ _ _ _ _ _

13 COOLEY GODWARD LLPS THIRTY-THIRD 13 04/0601-07/31/01 (1'post-pctition $305,205.04 Io Or rfees and $305,205.04' Debtor. COVER SHEET APPLICATION FOR ALLOWANCE interim fee application period) expenses 14 AND PAYMENT OF INTERIM COMPENSATION Iit 14 08/0 1/0 - 11/30101 (2Ipost-petition s9s1,483.45 I o fOcesand $98 1,483A5 Federal ID No. 94-0742640 AND REIMBURSEMENT OF EXFENsEs FOR TIIE I interim fee application period) expenses 15 PERIOD FEBRUARY 1, 2004-FEBRUARY 29, 15 12/01/01 - 03/31/02 (3" post-petition S781,865.23 100% offees and $7t31,65.23 2004 interim fee application period) expenses _

16 16 04/01/02-0731/02 (4 post-petition $1,123,384.94 100%/.of fes and sII2I,4.94 interim fee application period) ' expenses

- 17 [No Hearing Scheduled] 17 08/01/02 - 11/30I2 (5 post-petition $4,005,614.70 10W. of fees and S4,005,614.70 interim fee application Leriod) expenses 18 Cooley Godward LLP (the "Firm") submits this Thirty-Third Cover Sheet Application (the 18 12/01/02 -033 103 (6 rpost-petition S3,180,342.81 100% orfees and S3,180,342.8l I9 "Application") for Allowance, and Payment of Interim Compensation and Reimbursement of i19 interim fee application period) expenses 04/01/03 - 07/31/03 (7 -pOs-petition $996,656.92 100% of fees an $996,656.92 interim fee application Period) expenses 20 Expcnses for the Period February 1,2004 - February 29,2004 (the "Application Period"). 20 08/01/03 - 11130103 (' post-petition $2,036,811.84 100%oof fees and S1,743,260.03 21 This Application is made pursuant to the Order Establishing Interim Fee Application and 1 21 interim fee application period) . expenses 12/01/03- 12/3103 (December S163466.16 tS%offeesanWd 100. $163,466.17 22 Expense Reimbursement Procedure that was cntered on or about June 26, 2002, as amended i 22 cover sheet application period) 001/1/04-01t31I04 (January cover S140,098.S5 expenses SS%of fees and 100% S140,09S.S6 23 November 8, 2002, and amended again as of May 18, 2002 ("Interim Fee Order"). Paragraph 4 of i 23 shct application period) expenss :

TOTAL S13,714,929.94 S13,419,S78.15 24 the Interim Fee Order contemplates that Pacific Gas and Electric Company (the "Debtore) shall 24 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to this 25 pay a portion of its professionals undisputed fees and all costs after the fifteenth day of the month I 25 Application):

26 following the filing and service of the Application ("Interim Compensation"). i 26 27 In support of this Application, the Finn respectfully represents as follows: 27 I Payment of this amount would result in a "holdback of $22,097.66.

All except $29,434.90 was paid fronm the Firm's prepetition retainer.

28 1. The Firm is Special Counsel to the Debtor. The Firm hereby applies to the Court 28  : The Courfs Order reduced the allowed amount by S1,500.00.

c6r.,, 697273 315IF ,COOLEY GODWARD LLP'S NOTICE (r--,, 697273 v1I/SF COOLEY GODWAID LLP'S NOTICE AnfM At LI 11YOp3II.OC . OF33' COVER SIIEETArrucATioN ul"t.-

"3pil .DOC oF33 COVER SHIEET AIPuCATION I* CASE No. 01.30923 DM 2. CASENo. 01-40923 DM

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. I Application): prepaid, on or about March 31, 2004.

2 APPLICATION PERIOD AMOUNT DESCRIPTION 2 9. The interim compensation and reimbursement of expenses sought in this 04 l- 07131/01 ( " post-peition S.o-3 interim fee application period) 3 Application is on account and is not final. Upon the conclusion of these cases, the Firm will seek 0801/01- 1130/01 (2,post-petition S .D 61 4 interim fee application period) 4 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 12t01/01 -031/02 (3- post-petition 5 5 interim fee application Leriod) 5 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 04/01/02 - 0731/02( post-petiton .S*0-6 interim fee application period) 6 Firm (along with the Firm's retainer) will be credited against such final fees and expenses as may o I/022-11/3l102 (56 post-pteition S ..

7 interim fee application *od) 7 be allowed by this Courl.

10201/02 - 03131/03 (6 post-petiion S 8 interim fee application perod) 8 10. The Firm represents and warrants that its billing practices comply with all Northern O I04/lc3 - 07/31/03 (oRpostpetition -o -0 9 interim fee application pro4 District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of 08/0 103 - 11130/03 (s post-petition S293,551sII 15% offee holdback 10 interim fee application period) _

10 the Office of the United States Trustee. Neither the Firm nor any members of the Firm has any 12/01/03 - 12131/03 (D=ecetber $27,239.24 15 of fee boklback 11 cover sheet application period) 11 agreement or understanding of any kind or nature to divide, pay over or share any portion of the o Il/01/04- 01l31/04 (Janutay cover S23,921.4s 15% offee holdback 12 sheet application period) 12 fees or expenses to be awarded to the Firn with any other person or attorney except as among the TOTAL- $344,712.53 __ members and associates of the Firm.

13 13

6. With regard to the copies of this Application served on counsel for the Committee, 14 14 WHIEREPORE, the Firm respectfully requests that the Debtor pay compensation to the Firm counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit I hereto is 15 15 as required herein pursuant to and in accordance with the terms of the Interim Fee Order, the name of each professional who performed services in connection with this case during the 16 16 Dated: March 31, 2004 COOLEY ODWARD LLP period covered by this Application and the hourly rate for each such professional; and (b) attached 17 17 as Exhibit 2 are the detailed time and expense statements for the Application Period that comply l ~~~By.1(~t& X 18 18 lPW \ \ J. Michae lly.

with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 19 19 lSpecial Co el to Debtop/ l the Guidelines of the Office of the United States Trustee. PACIFIC GAS A C COMA 20 20

7. The Firm has served a copy of this Application (without Exhibits) on the Special 21 21 Notice List inthis case.

22 22

8. Pursuant to this Court's Interim Fee Order the Debtor is authorized to make the 23 , 231 payment requested herein without a further hearing or order of this Court unless an objection to 1..

24 24' this Application is filed with the Court by the Debtor, the Committee or the United States Trustee 25 ' 25 and served by the Eighteenth day of the month following the service of this Application. If such 26

• 26 I, .

an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection.

27 '27 I The Firm is informed and believes that this Application was mailed by first class mail, postage 28 ;28 69fl73 01/5F COOLSe GoD wARD LLP'S NOTICE `I'697273 v3USF ." COOLEY CoDWARD LLP's NOTICE

8. 8..._. yep3ILDOC OF33 COVER SHEET AlLliCATiON l OW3LDO)C - OF 33' COvEiRSHUET AIIucATtoN

• . CAsE No. OI0923 DM

.. . . . . 4. CAt No. 01-30923 DM