ML041330380

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

ML041330380
Person / Time
Site:	Diablo Canyon
Issue date:	04/30/2004
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
94-0742640, Case No. 01-30923 DM
Download: ML041330380 (7)

Text

C))

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 7 Attorneys for Debtor and Debtor in Possession 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 HOCVMD 13 R4E~

NENSTDM PACIFIC GAS AND ELECTRIC Chapter 11 Case CAre~

EUKC 14 COMPANY, a California corporation, ePAyN A-._ 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 MARCH. 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 March 1, 2004 through 24 March 31, 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 042904/1-1419904/1146698/vl p'v 4'rtA

I4

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

2 2. The Firm billed a total of $640,104.73 in fees and expenses during the 3 Application Period. The total fees represent 1,971 hours0.0112 days <br />0.27 hours <br />0.00161 weeks <br />3.694655e-4 months <br /> expended during the Application 4 Period. These fees and expenses break down as follows:

5 6 Period Fees Expenses Total 7 March, 2004 $ 622,670.00 $17,434.73 ' $ 640,104.73 8

9 3. Accordingly, the Firm seeks allowance of interim compensation in the total 10 amount of $546,704.23 at this time. This total is comprised as follows: $529,269.50 (85%

11 of the fees for services rendered)' plus $17,434.73 (100% of the expenses incurred).

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

HORD 13 CuE 14 Application Period Amount Applied For Description Amount Paid EOK eRatC I mviwow ;15 April 6,2001 through $4,646,476.74 100% of fees and $4,646,476.74 July 31,2001 (1st expenses $,4,7.4 16 post-petition interim fee application 17 period) 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) _4_253_813_78_I__ _ __of__ _

December 1, 2001 4,253,813.78 100% offees 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 $93,400.50.

2The Firm had written off an additional $100.00 in fees.

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

28 WD 04290411-1419904/1 14669S/vI J.

C-) t-)

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 p erio d ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

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 $,230.2100%. of fees and $4723.0 9 through March 31, 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 HOWLED 13 fee application RK period)

APo 15 August, 2003 through . 100% of fees and $189876 A ll.d; 1 5 November 30, 2003 $1,879,187.64 expenses $1,879,187.64 16 (8th post-petition interim fee 17 application period) 18 December, 2003 85% of fees and

$ 366,674.28 100% of expenses $ 366,674.28 19 January, 2004 $ 427,923.77 1005% of expenses $ 427,923.77 20 February, 2004 $ 408,339.88 85% of fees and $ 408,339.88 21 _ 408__339_88100% of expenses __408,339_88 22 Total Paid to the $35,928,763.07 $35,913,093.05 F irm to D ate__ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _

23 24 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to 25 this Application):

26 27 28 WD 042904/1-1419904/1 146698/vi I Ck I 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% fee holdback 5 Feb. 1 - Feb. 29, 2004 $ 65,149.57 15% fee holdback 6 Total Owed to Firm to Date $198,988.87 _

7 6. With regard to the copies of this Application served on counsel for the

.8 Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of 9 the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who 10 performed services in connection with this case during the Application Period and the hourly 11 rate for each such professional; and attached as Exhibit 2 is an Account Summary. The 12 detailed time and expense statements for the Application Period that comply with all HOWRD1 13 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and BEE NEMI 14 E41K the Guidelines of the Office of the United States Trustee have been submitted in electronic form to the Office of the United States Trustee and mailed to counsel for the Committee and 16 to the Debtor.

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

19 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 20 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE 21 (Revised March, 2002)" (the "Amended Order"), the Debtor is authorized to make the 22 payment requested herein without a further hearing or order of this Court, unless an 23 objection to this Application is filed with the Court by the Debtor, the Committee or the 24 United States Trustee and served by the fifteenth day of the month following the service of 25 this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if 26 any, not subject to the objection. The Firm is informed and believes that this Cover Sheet 27 Application was mailed by first class mail, postage prepaid, on or about April 30, 2004.

28 WD 042904/1-1419904/1 146698t-4 C) 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 Court 5 and received by the Firm (along with the Firm's retainer) will be credited against such final 6 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 Northern 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 members 10 of the Firm has any agreement or understanding of any kind or nature to divide, pay over or 11 share any portion of the fees or expenses to be awarded to the Firm with any other person or 12 attorney except as among the members and associates of the Firm.

]HOAMD 13 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation RXE EcRam Fix 14 to the Firm as requested herein pursuant to and in accordance with the terms of the Amhended 15 Order.

16 DATED: April 30, 2004 HOWARD, RICE, NEMEROVSKI, CANADY, 17 FALK & RABKIN A Professional Corporation 19 20 JANET A. NEXON Attorneys for Debtor and Debtor in Possession 21 PACIFIC GAS AND ELECTRIC COMPANY 22 23 24 25 26 27 28 WD 042904/1-1419904/1 146698/vl 1 PROOF OF SERVICE BY FEDERAL EXPRESS 2 I am employed in the City and County of San Francisco, State of California. I am over 3 the age of eighteen (18) years and not a party to the within action; my business address is 4 Three Embarcadero Center, 7th Floor, San Francisco, California 94111-4065.

5 I am readily familiar with the practice for collection and processing of documents for 6 delivery by overnight service by Federal Express of Howard, Rice, Nemerovski, Canady, 7 Falk & Rabkin, A Professional Corporation, and that practice is that the document(s) are 8 deposited with a regularly maintained Federal Express facility in an envelope or package 9 designated by Federal Express fully prepaid the same day as the day of collection in the 10 ordinary course of business.

11 On April 30, 2004, I served the following document(s) described as HOWARD, RICE, 12 NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR 13 ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND

,C[,, 14 REIMBURSEMENT OF EXPENSES FOR MARCH 2004 on the persons listed below by OMIuaN 15 placing the document(s) for deposit with Federal Express through the regular collection 16 process at the law offices of Howard, Rice, Nemerovski, Canady, Falk & Rabkin, A 17 Professional Corporation, located at Three Embarcadero Center, 7th Floor, San Francisco, 18 California, to be served by overnight Federal Express delivery addressed as follows:

19 Paul Aronzon, Esq.

20 Milbank, Tweed, Hadley & McCloy 601 South Figueroa Street 21 Los Angeles, CA 90017 22 I declare under penalty of perjury that the foregoing is true and correct. Executed at 23 San Francisco, California on April 30, 2004.

24 25 26 Jane 27 28 PROOF OF SERVICE WD 073101/1-1419903/42/935042Vvi

0) 0I 1 PROOF OF SERVICE BY HAND 2 I am employed in the City and County of San Francisco, State of California. I am over 3 the age of eighteen (18) years and not a party to the within action; my business address is 4 Three Embarcadero Center, 7th Floor, San Francisco, California 94111-4065.

.5 On April 30, 2004, I served the following document(s) described as HOWARD, RICE, 6 NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR 7 ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 8 REIMBURSEMENT OF EXPENSES FOR MARCH, 2004 on the parties listed below by 9 causing it to be delivered by hand to:

10 Patricia Cutler 11 Office of the U. S. Trustee 250 Montgomery Street, Suite 1000 12 San Francisco, CA 94104 13 I declare under penalty of perjury that the foregoing is true and correct. Executed at

. *HeD CORDA RrE CANUYm OKX

'14 San Francisco, California on April 30,2004.

_M

15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE WD 073101/l-1419903/421935039/vl