ML041320375

Heller Ehrman White & Mcauliffe 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

ML041320375
Person / Time
Site:	Diablo Canyon
Issue date:	04/30/2004
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: ML041320375 (7)

Text

1 MARIE L. FIALA (No. 79676)

PETER J. BENVENUTTI (No. 60566) 2 ADAM M. COLE (No. 145344)

HELLER EHRMAN WHITE & McAULIFFE LLP 3 333 Bush Street San Francisco, California 94104-2878 4 Telephone: (415) 772-6000 Facsimile: (415) 772-6268 5

Special Counsel for Debtor in Possession 6 PACIFIC GAS AND ELECTRIC COMPANY 7

8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 In re Case No.: 01-30923 DM 12 PACIFIC GAS AND ELECTRIC 13 COMPANY, a California corporation, Chapter 11 Case 14 Debtor.

15 [No Hearing Scheduled]

16Federal I.D. No. 94-0742640 16 17 HELLER EHRMAN WHITE & McAULIFFE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM 18 COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD 19 MARCH 1, 2004, THROUGH MARCH 31, 2004 20 Heller Ehrmnan White & McAuliffe LLP (the "Firm" or "Heller Ehrman") submits this 21 Revised Cover Sheet Application (the "Application") for Allowance and Payment of Interim 22 Compensation and Reimbursement of Expenses for the Period March 1, 2004, through 23 March 31, 2004 (the "Application Period"). In support of the Application, the Firm 24 respectfully represents as follows:

25 1. The Firn is Special Counsel to Pacific Gas and Electric Company, debtor and 26 debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm 27 hereby applies to the Court for allowance and payment of interim compensation for services Heller 28 rendered and reimbursement of expenses incurred during the Application Period.

Ehrman White & HELLER EHRMAN COVER SHEET APPLICATION FOR PERIOD McAuliffe LLP MARCH 1,2004, THROUGH MARCH 31, 2004 CASE NO.: 0 1-30923 DM

1 2. The Firm billed a total of $643,334.53 in fees and expenses during the 2 Application Period. The total fees represent 1,837.40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> expended during the 3 Application Period. These fees and expenses break down as follows:

4 Period Fees Expenses Total 5 3/01/04 - 3/31/04 $591,090.00 $52,244.53 $643,334.53 6 3. Accordingly, the Firm seeks allowance of interim compensation in the total 7 amount of $554,671.03 at this time. This total comprises the following: $502,426.50 (85%

8 of the fees incurred during the Application Period)' plus $52,244.53 (100% of the expenses 9 incurred).

10 4. For the post-petition period, the Firm has been paid to date as follows:2 11 Application Period Amount Applied For Description Amount Paid 12 4/6/01 - 7/31/01 (first $2,264,794.01 100% of fees and $2,246.327.813 post-petition interim 100% of expenses 13 fee application period) I I 14 15 16 17 Payment of this amount would result in a "holdback" of $88,663.50, equal to 15% of the Firm's 18 fees for services rendered during the Application Period.

19 2 On December 19, 2000, PG&E paid a retainer to Heller Ehrman in the amount of $350,000.

20 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 21 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 Ehrmnan to apply the retainer to payment of 22 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 23 Heller Ehrman as Special Counsel (Apr. 17, 2001); see also PG&E's Application to Employ Heller Ehrman as Special Counsel X 9-10 (Apr. 17, 2001); Declaration of Marie L. Fiala in Support of Application ¶ 9 24 (Apr. 8, 2001). As of the date of submission of this Cover Sheet Application, Heller Ehrman has applied

$ 153,148.07 of the retainer to a portion of its unpaid pre-petition fees and expenses on hourly rate 25 engagements. Heller Ehrman continues to hold a retainer balance of $196,851.93.

26 3 The amount paid reflects a disallowance of $18,466.20 in fees. See Order Approving Heller Ehrrnan White & McAuliffe LLP's First Interim Fee Application for Allowance and Payment of 27 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.

Heller 28 Ehrman 2 White & HELLER EHRMAN COVER SHEET APPLICATION FOR PERIOD McAuliffe LLP MARCH 1, 2004, THROUGH MARCH 31, 2004 CASE NO.: 01-30923 DM

1 Application Period Amount Applied For Description Amount Paid 2 8/1/01 - 11/30/01 $2,251,673.88 100% of fees and $2,231,752.484 (second post-petition 100% of expenses 3 interim ee application period) 4 12/1/01 - 3/31/02 $2,477,438.24 100% of fees and $2,477,438.24 5 (third post-petition 100% of expenses interim fee application 6 period) 4/1/02 - 7/31/02 $3,127,427.84 100% of fees and $3,127,477.88 7 (fourth post-petition 100% of expenses interim fee application 8 period) 9 8/1/02 - 11/30/02 $3,442,121.72 100% of fees and $3,442,049.42 (fifth post-petition 100% of expenses 10 interim fee application period) 11 12/1/02 - 3/31/02 $4,990,707.18 100% of fees and $4,990,707.18 12 (sixth post-petition 100% of expenses interim fee application 13 period) 4/01/03 - 7/31/03 $2,444,820.00 100% of fees and $2,444,820.00 14 (seventh post-petition 100% of expenses interim fee application 15 period) 16 8/01/03 - 11/30/03 $1,645,206.84 100% of fees plus $1,645,206.84 (eighth post-petition 100% of expenses 17 interim fee application less $162,144.725 period) 18 12/01/03 - 12/31/03 S 322,951.21 85% of fees and $ 322,951.23 19 (December CSA 100% of expenses penod) 201 21 22 23 4 The amount paid reflects a disallowance of $19,921.40 in fees for certain paralegal charges. See 24 Order Approving Heller Ehrman White & McAuliffe LLP's Second Interim Fee Application ¶1 (Feb. 27, 2002).

25 HBeller Ehrman's eighth interim fee application originally requested $1,669,961.40 in fees and 26 $ 137.390.16 in expenses. Heller Ehrman subsequently agreed to reduce its expenses for computerized legal research for the period of the first eight interim fee applications (April 6, 2001, through November 30, 2003) 27 by £161,649.72. Helier Ehrman also agreed to forgo a request for compensation of $495 in expenses for desktop publishing services.

Heller 28 Ehrman 3

White & HELLER EHRMAN COVER SHEET APPlICATION FOR PERIOD McAuliffe LLP MARCH 1, 2004, THROUGH MARCH 31, 2004 CASE NO.: 01-30923 DM

1 1/01/04- 1/31/04 $ 393,669.206 85% of fees and $ 393,669.20 (January CSA period) l 100% of expenses 2

2/01/04 - 2/29/04 S 451,075.24 85% of fees and $ 451,075.24 3 (February CSA period) 100% of expenses 4 Total $21,547,091.35 [ $21,527,147.71 5

5. To date, the Firm is owed as follows (excluding amounts owed pursuant to 6

this Application):

7 Application Period Amount Description 8

First post-petition interim $ 0 9 fee application period (4/6/01 - 7/31/01) 10 Second post-petition $ 0 11 interim fee application period (8/1/01 - 11/30/01) 12 Third post-petition interim $ 0 fee application period 13 (12/1/01 - 3/31/02) 14 Fourth post-petition interim $ 0 fee application period 15 (4/1/02 - 7/31/02) 16 Fifth post-petition interim $ 0 fee application period 17 (8/1/02 -11/30/02)

Sixth post-petition interim $ 0 18 fee application period (12/01/02 - 3/31/03) 19 Seventh post-petition S 0 20 interim fe application period (4/01/03 - 7/31/03) 21 Eighth post-petition interim S 0 22 fee application (8/1/03-11/30/03) 23 I 24 25 6As originally submitted, Heller Ehrman's January 2004 Cover Sheet Application requested 26 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 amount of fees requested for the January 2004 invoice for 27 Matter No. 63 by $3,657, thereby reducing the amount of current compensation sought for that invoice to 5393,669.20 (85% x (434,845.72 - $3,657) + $27,158.79).

Heller 28 Ehrman 4 White & HELLER EHRMAN COVER SHEET APPLICATION FOR PERIOD McAuliffe LLP MARCH 1, 2004, THROUGH MARCH 31, 2004 CASE NO.: 01-30923 DM

1 Application Period Amount Description 2 December cover sheet S52,682.46 15% fee holdback application period 3 (12/01/03 - 12/31/03) 4 January cover sheet $65,226.86 15% fee holdback application period 5 (1/01/04- 1/31/04)

February cover sheet S74,375.13 15% fee holdback 6 application period (2/01/04 - 2/29/04) 7 Total Owed to Firm to Date $192,284.45 8

9 6. With regard to the copies of this Application served on counsel for the 10 Committee, counsel for the Debtor and the Office of the United States Trustee, attached as 11 Exhibit 1 hereto is the name of each professional who performed services in connection with 12 this case during the period covered by this Application and the hourly rate for each such 13 professional; and (b) attached as Exhibit 2 are the detailed time and expense statements for 14 the Application Period that comply with all Northern District of California Bankruptcy 15 Local Rules and Compensation Guidelines and the Guideline.sof the Office of the United 16 States Trustee.

17 7. The Firm has served a copy of this Application (without Exhibits) on the 18 Special Notice List in this case.

19 8. Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE 20 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 21 on or about July 26, 2001, the Debtor is authorized to make the payment requested herein 22 without a further hearing or order of this Court unless an objection to this Application is 23 filed with the Court by the Debtor, the Committee or the Unites States Trustee and served 24 by the fifteenth day of the month following the service of this Application. If such an 25 objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 26 objection. The Firm is informed and believes that this Cover Sheet Application was mailed 27 by first class mail, postage prepaid, on or about April 30, 2003.

Heller 28 Ehrman, 5 White & HELLER EHRMAN COVER SHEET APPLICATION FOR PERIOD McAuliffe LLP MARCH 1, 2004, THROUGH MARCH 31, 2004 CASE NO.: 01-30923 DM

1 9. The interim compensation and reimbursement of expenses sought in this 2 Application is on account and is not final. Upon the conclusion of this case, the Firm will 3 seek fees and reimbursement of the expenses incurred for the totality of the services 4 rendered in the case. Any interim fees or reimbursement of expenses approved by this 5 Court and received by the Firm (along with the Firm's Retainer) will be credited against 6 such final fees and expenses as may be allowed by this Court.

7 10. The Firm represents and warrants that its billing practices comply with all 8 Northem District of California Bankruptcy Local Rules and Compensation Guidelines and 9 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any 10 members of the Firm has any agreement or understanding of any kind or nature to divide, 11 pay over or share any portion of the fees or expenses to be awarded to the Firm with any 12 other person or attorney except as among the members and associates of the Firm.

13 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to 14 the Firn as requested herein pursuant to and in accordance with the terms of the "ORDER 15 ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT 16 PROCEDURE."

17 Dated: April 30, 2004 HELLER EHRMAN WHITE & McAULIFFE LLP 18 19 By:____

Adam M. Cole 20 Special Counsel for Debtor in Possession 21 PACIFIC GAS AND ELECTRIC COMPANY 22 23 24 25 26 27 Helier 28 Ehrman 6 White & HELLER EHRMAN COVER SHEET APPLICATION FOR PERIOD McAuliffe LLP MARCH 1,2004, THROUGH MARCH 31, 2004 CASE NO.: 01-30923 DM

Brett Stone HellerEhrmanr S A T T 0 R .I E

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