ML041270026

Winston & Strawn Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period, March 1. 2004 Through March 31. 2004

ML041270026
Person / Time
Site:	Diablo Canyon
Issue date:	04/29/2004
From:	Justic S Pacific Gas & Electric Co, Winston & Strawn, LLP
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM, 94-0742640
Download: ML041270026 (7)

Text

1 Donald K. Dankner (No. 0186536)

Thomas F. Blakemore (No. 03121566) 2 Stacy D. Justic (No. 6277752) 3 WINSTON & STRAWN LLP 35 West Wacker Dr.

4 Chicago, IL 60601 Phone: 312-558-5600 531a 5 Facsimile: 312-558-5700 Counsel to Debtor and Debtor in Possession 6

7 8

UNITED STATES BANKRUPTCY COURT 9

10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 In re Case No. 01-30923 DM 13 PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a Califorr iia corporation, 14 (No Hearing Scheduled]

Dbtor.

15 Federal I.D. No.94-074 t2640 16 17 WINSTON & STRAWN LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 18 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD MARCH 1. 2004 THROUGH MARCH 31. 2004 19 20 Winston & Strawn LLP (the "Firm") submits its Cover Sheet Application (the 21 "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 22 Expenses for the Period of March 1, 2004 through March 31, 2004 (the "Application Period").

23 In support of the Application, the Firm respectfully represents as follows:

24

1. Pursuant to the Amendment to the Amended Application for Authority to 25 Employ and to continue the Employment of Special Counsel dated as of September 13, 2001, the 26 Firm is counsel to the above-captioned debtor and debtor in possession (the "Debtor") and 27 28 employed under section 327(e) of the Bankruptcy Code, I 1 U.S.C. § 101 et M. (the "Code").

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1 2. Pursuant to the Order Establishing Interim Fee Application and Expense 2 Reimbursement Procedure entered on July 26, 2001 (the "Fee Order"), the Firm hereby applies to 3 the Court for allowance and payment of interim compensation for services rendered and 4

reimbursement of expenses incurred during the Application Period.

5 6 3. The Finn billed a total of $32,193.50 in fees and expenses during the 7 Application Period. The total fees represent 144.55 hours6.365741e-4 days <br />0.0153 hours <br />9.093915e-5 weeks <br />2.09275e-5 months <br /> expended during the Application 8 Period. These fees and expenses break down as follows:

9 Period Fees Expenses Total 110 March I - March 31, 2004 $32,193.50 $3,824.72 $36,018.22 11 12 4. Accordingly, the Firm seeks allowance of interim compensation in the 13 total amount of $31,189.20 at this time. This total is comprised as follows:

14 $27,364.48 (85% of the fees for services rendered)' plus $3,824.72 (100% of the expenses 15 incurred).

16 5. Pursuant to the Stipulation and Order Regarding Employment of Winston 17 & Strawn as Special Counsel to the Debtor in Possession dated September 24, 2001 (the 1s "Stipulation"), the Firm's reimbursement for all fees and expenses incurred by the Firm as special 19 20 counsel to Debtor through July 31, 2001, is governed by the Order entered on August 16, 2001, 21 approving the Amended Application for Authority to Employ and Continue the Employment of 22 Special Counsel (the "Omnibus Order"). Pursuant to the Stipulation and Omnibus Order, the 23 Firm has not and will not submit Applications for fees and expenses incurred through July 31, 24 2001.

25 6. To date, the Firm has submitted invoices for the following post-petition 26 27 services directly to the debtor:

28

'Payment of this amount would result In a "holdbackm of $4,829.02.

2

1 Amount Due Amount Paid Amount Outstanding Application Period 2 June 1,2001-June 30, $117,735.06 $117,494.31 $0.00 2001 J I, 2001-July 31_1919.3$6,974 00 3 IJuly 1, 2001-July 31, $169,199.53 $169,197.43 $0.00 1 20 0 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

4 7. To date, the Firm has been paid $117,494.31 for the June 1, 2001 through 5

June 30,2001 period and $ 169,197.43 for the July 1, 2001 through July 31, 2001 period.

6

8. For fees and expenses incurred on behalf of the Debtor after July 31, 2001, 7

8 the Firm is governed by the Fee Order and must file monthly fee applications ("Cover Sheet 9 Applications") and quarterly fee applications ("Interim Fee Applications") with the Court 10 pursuant to section 331 of the Code.

11

9. The following chart reflects: (a) the Cover Sheet Applications submitted to 12

,date by W&S, including this Cover Sheet Application; (b) the First, Second, Third, Fourth, Fifth, 13 14 Sixth and Seventh Interim Applications submitted to date by W&S; (c) for the fees and expenses 15 incurred by the Firm after July 31,2001, the amounts incurred and the amounts paid to W&S by 16 the Debtor to date; (d) W&S's voluntary and Court ordered reductions in compensation sought 17 from the Debtor as part of the First Interim Application; and (e) the total amount owed by the 18 Debtor to the Firm to date.

19 20

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21 22 23 24 25 26 27 28 3

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2 Application Period 85% Fees Expenses 15% Fee Amount Paid Total Amount 3 Holdback Owed2 August I - November 4 30,2001 Interim $881,496.65 $71,206.39 $155,558.23 $1,108,261.28 $0.00 Application Period 5 December 1, 2001 -

March 31,2002 $598,974.22 $61,140.86 $105,701.34 $765,816.41 $0.00 6 Interim Application Period 7 April 1, 2002 - July 31, 2002 Interim $400,790.65 $25,688.92 $70,724.75 $497,204.33 $0.00 8 Application Period August 1, 2002 -

9 November 30,2002 $421,593.39 $35,004.03 $74,398.87 $530,996.29 $0.00 Interim Application 10 Period December 1, 2002 -

11 March 31, 2003 $412,591.79 $31,681.44 $72,810.31 $517,083.54 $0.00 Interim Application 12 Period_

April 1, 2003-July 13 31,2003 Interim Application Period $223,720.47 $22,102.11 $39,480.08 $285,302.66 $0.00 14 August 1, 2003-November30,2003 15 Interim Application Period $58,434.65 $13,945.06 $10,312.00 $82,691.71 $0.00 16 December 1, 2003-December 31,2003 $9,379.54 $814.57 $1,655.21 $10,194.12 $1,655.20 17 January 1, 2004 -

January 31,2004 $15,942.26 $1,463.34 S2,813.34 $17,405.61 $2,813.33 18 February 1, 2004 -

Febmary 29, 2004 $4,868.38 $37624 $859.12 $0.00 $6,103.74 19 March 1,2004-March 31, 2004 $27,364.48 $3,824.72 $4,829.02 $0.00 $36,018.22 20 Total $3,055,156A8 $267,247.68 $539,142.27 $3,814,955.95 S46,590A9 21

10. With regard to the copies of this Application served on counsel for the 22 Official Committee of Unsecured Creditors (the "Committee"), reorganization counsel for the 23 24 Debtor and the Office of the United States Trustee, (a) attached as Exhibit 1 hereto is the name 25 of each professional who performed services in connection with this case during the period 26 covered by this Application and the hourly rate for each such professional; and (b) attached as 27 Exhibit 2 are the detailed time and expense statements for the Application Period that comply 28 2

Total Amount Owed includes the 15% holdback.

4

r 1 with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines 2 and the Guidelines of the Office of the United States Trustee.

3 11. The Firm has served a copy of this Application (without Exhibits) on the 4

Special Notice List in this case.

5 6 12. Pursuant to this Court's Fee Order, the Debtor is authorized to make the 7 payment requested herein without a further hearing or order of this Court unless an objection to 8 this Application is filed with the Court by the Debtor, the Committee or the United States 9 Trustee and served by the fifteenth day of the month following the service of this Application. If 10 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 12 13 first class mail, postage prepaid, on or about April 29, 2004.

14 13. The interim compensation and reimbursement of expenses sought in this 15 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 16 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 17 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 18 Firm will be credited against such final fees and expenses as may be allowed by this Court.

19

14. The Firm represents and warrants that its billing practices comply with all 20 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 21 22 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 23 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 24 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 25 except as among the members and associates of the Firm.

26 27 28 5

1 2 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 3

to the Firm as requested herein pursuant to and in accordance with the terms of the Fee Order.

4 5

Dated: April 29, 2004 WINSTON & STRAWN LLP 6

7 By:, A  ;) A ll

~On Its Att eys 8 327 )Coun~& to Debtors and Debtors in Possession 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C9Z:1360786.1 6

1 2 CERTIFICATE OF SERVICE 3 I, Paige D. Stepan, certify that on or about April v, 2004 I caused a copy of the attached Cover Sheet Application For Allowance And Payment Of Interim Compensation And Reimbursement Of Expenses For The Period March 1, 2004 through March 31, 2004 5 to be served upon the United States Trustee, Pacific Gas and Electric Company ("PG&E"), the debtor and debtor in possession, reorganization counsel for PG&E, and counsel for the Official 6 Committee of Unsecured Creditors in the PG&E bankruptcy case, at the following addresses, via overnight Federal Express or U.S. Mail delivery, as indicated:

7 By Federal Express 8

United States Trustee 9 Attn.: Mr. Stephen Johnson United States Department of Justice 10 250 Montgomery Street, Suite 1000 San Francisco, CA 94101 11 James L. Lopes 12 Howard, Rice, Nemerovski, Canady, Falk & Rabkin 13 Three Embarcadero Center, 7th Floor San Francisco, CA 94111 14 Robert J. Moore 15 Milbank, Tweed, Hadley & McCloy LLP 601 South Figueroa Street 16 LosAngeles,CA 900017 17 By U.S. Mail 18 Theresa Lett Pacific Gas & Electric 19 P.O. Box 7442 San Francisco, CA 94120 20 21 Paige D. qlerkn 22 Senior ParWal for Winston & Strawn LLP 23 24 25 26 27 28 2

CHL:1360790-1