ML040980496
| 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
I COOLEY GODWARD LLP
.. MICHAEL KELLY (133657) 2 MARTIN S. SCHENKER (109828)
GREGG S. KLEINER (141311) 3 One Maritime Plaza, 20th Floor San Francisco, CA 94111-3580 4
Telephone:
(415) 693-2000 Facsimile:
(415) 951-3699 5
Special Counsel to Debtor t0 6
PACIFIC GAS AND ELECTRIC COMPANY
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8 UNITED STATES BANKRUPTCY COURT 9
NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 1 1 In re Chapter 11 12 PACIFIC GAS AND ELECTRIC Case No.01-30923 DM COMPANY, a California corporation, 13 COOLEY GODWARD LLPS THIRTY-THIRD Debtor.
COVER SHEET APPLICATION FOR ALLOWANCE 14 AND PAYMENT OF INTERIM COMPENSATION Federal ID No. 94-0742640 AND REIMBURSEMENT OF EXFENsEs FOR TIIE 1 5 PERIOD FEBRUARY 1, 2004-FEBRUARY 29, 2004 16
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[No Hearing Scheduled]
18 Cooley Godward LLP (the "Firm") submits this Thirty-Third Cover Sheet Application (the I9 "Application") for Allowance, and Payment of Interim Compensation and Reimbursement of 20 Expcnses for the Period February 1, 2004 - February 29,2004 (the "Application Period").
21 This Application is made pursuant to the Order Establishing Interim Fee Application and 22 Expense Reimbursement Procedure that was cntered on or about June 26, 2002, as amended 23 November 8, 2002, and amended again as of May 18, 2002 ("Interim Fee Order"). Paragraph 4 of 24 the Interim Fee Order contemplates that Pacific Gas and Electric Company (the "Debtore) shall 25 pay a portion of its professionals undisputed fees and all costs after the fifteenth day of the month 26 following the filing and service of the Application ("Interim Compensation").
27 In support of this Application, the Finn respectfully represents as follows:
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- 1.
The Firm is Special Counsel to the Debtor. The Firm hereby applies to the Court c6r.,,
697273 315IF
, COOLEY GODWARD LLP'S NOTICE 11YOp3II.OC OF33' COVER SIIEET ArrucATioN I*
CASE No. 01.30923 DM i
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for allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during the Application Period.
- 2.
The Firm billed a total of 5174,045.13 in fees and expenses during the Application 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 by this Application. These fees and expenses break down as follows:
PERIOD I
FEES I
EXPENSES TOTAL l February I to February 29, 2004 l $167,317.75 1 56,727.38 l s174,045.13
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Accordingly, the Firm seeks allowance of interim compensation in the amount of a total of $151,947.47 at this time. This total is comprised as follows: S145,220.09 (85%) of the fees for services rendered' plus $6,727.38 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:
APPLICATION PERIOD AMOUNTAPPLIED DESCRIPTION AMOUNT PAID
_ _ _ _ _FO R_
04/0601-07/31/01 (1'post-pctition
$305,205.04 Io Or rfees and
$305,205.04' interim fee application period) expenses 08/0 1/0 -
11/30101 (2I post-petition s9s1,483.45 I o fOcesand
$98 1,483A5 interim fee application period) expenses 12/01/01 - 03/31/02 (3" post-petition S781,865.23 100% offees and
$7t31,65.23 interim fee application period) expenses 04/01/02-0731/02 (4 post-petition
$1,123,384.94 100%/.of fes and sII2I,4.94 interim fee application period) '
expenses 08/01/02 - 11/30I 2 (5 post-petition
$4,005,614.70 10W. of fees and S4,005,614.70 interim fee application Leriod) expenses 12/01/02 -033 103 (6 rpost-petition S3,180,342.81 100% orfees and S3,180,342.8l 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 08/01/03 - 11130103 ('
post-petition
$2,036,811.84 100%o of fees and S1,743,260.03 interim fee application period) expenses 12/01/03-12/3103 (December S163466.16 tS%offeesanWd 100.
$163,466.17 cover sheet application period) expenses 001/1/04-01t31I04 (January cover S140,098.S5 SS% of fees and 1 00%
S140,09S.S6 shct application period) expenss TOTAL S13,714,929.94 S13,419,S78.15 i
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To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
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.
The Courfs Order reduced the allowed amount by S1,500.00.
697273 v1I/SF "3pil.DOC 2.
COOLEY GODWAID LLP'S NOTICE oF33 COVER SHIEET AIPuCATION CASENo. 01-40923 DM
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Application):
APPLICATION PERIOD AMOUNT DESCRIPTION 04 l- 07131/01 ( " post-peition S.o-interim fee application period) 0801/01-1130/01 (2,post-petition S.D interim fee application period) 12t01/01 -031/02 (3-post-petition 5 interim fee application Leriod) 04/01/02 - 0731/02(
post-petiton
.S*0-interim fee application period) o I/02 2-11/3l102 (56 post-pteition S..
interim fee application
- od) 10201/02 - 03131/03 (6 post-petiion S interim fee application perod)
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- 07/31/03 (oRpostpetition
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-0 interim fee application pro4 08/0 103 - 11130/03 (s post-petition S293,551sII 15% offee holdback interim fee application period) 12/01/03 - 12131/03 (D=ecetber
$27,239.24 15 of fee boklback cover sheet application period) o Il/01/04
- 01l31/04 (Janutay cover S23,921.4s 15% of fee holdback sheet application period)
TOTAL-
$344,712.53
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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.
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The Firm has served a copy of this Application (without Exhibits) on the Special Notice List in this case.
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Pursuant to this Court's Interim Fee Order 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 United States Trustee and served by the Eighteenth 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 Application was mailed by first class mail, postage 69fl73 01/5F COOLSe GoD wARD LLP'S NOTICE yep3ILDOC OF33 COVER SHEET AlLliCATiON CAsE No. OI0923 DM 61 2
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The interim compensation and reimbursement of expenses sought in this Application is on account and is not final. Upon the conclusion of these cases, the Firm will seek fees and reimbursement of the expenses incurred for the totality of the services rendered in the case. Any interim fees or reimbursement of expenses approved by this 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 Courl.
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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 Firn with any other person or attorney except as among the members and associates of the Firm.
WHIEREPORE, the Firm respectfully requests that the Debtor pay compensation to the Firm as required herein pursuant to and in accordance with the terms of the Interim Fee Order, Dated: March 31, 2004 COOLEY ODWARD LLP l
~~~By. 1(~t&
X lPW \\ \\
J. Michae lly.
lSpecial Co el to Debtop/
l PACIFIC GAS A C
COMA 1..
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l OW3LDO)C COOLEY CoDWARD LLP's NOTICE OF 33' COvEiR SHUET AIIucATtoN CAt No. 01-30923 DM 4.