ML041560334
| ML041560334 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/27/2004 |
| 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 | |
| 01-30923 DM, 94-0742640 | |
| Download: ML041560334 (5) | |
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- 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMES L. LOPES (No. 63678)
JEFFREY L. SCHAFFER (No. 91404)
JANET A. NEXON (No. 104747)
WILLIAM J. LAFFERTY (No. 120814)
HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 Telephone:
415/434-1600 Facsimile:
415/217-5910 Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Case No. 01-30923 DM Chapter 11 Case
[NO HEARING REQUESTED]
FILE:
MAY 2 7 2004 UNITED STAIES KRUPTN" COURT IAN V016007COCA Federal I.D. No. 94-0742640 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR APRIL 1. 2004 THROUGH APRIL 12. 2004 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period April 1, 2004 through April.
12, 2004 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
- 1.
The Firm is counsel to Pacific Gas and Electric Company, the reorganized debtor in the above-referenced bankruptcy case ("PG&E"). The Firm hereby applies to the WD 051004/1-1419904/1148532vl b
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-17 18 19 20 21 22 23 24 25 26 27 28 Court 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 $292,699.90 in fees and expenses during the Application Period. The total fees represent 858.7 hours8.101852e-5 days <br />0.00194 hours <br />1.157407e-5 weeks <br />2.6635e-6 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period Fees Expenses Total April 1-April 12,2004
$253,585.00
$39,114.90
$292,699.90
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Accordingly, the Firm seeks allowance of interim compensation in the total amount of $254,662.15 at this time. This total is comprised as follows: $215,547.25 (8.5%
of the fees for services rendered)' plus $39,114.90 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:
Application Period Amount Applied For Description Amount Paid April 6,2001 through 100% of fees and July 31, 2001 (1st
$4,646,476.74 expenses
$4,646,476.74 post-petition interim fee application period) 2 August 1, 2001
$3,921,628.38 100% of fees and
$3,921,528.382 through November expenses 30, 2001. (2nd post-petition interim fee application period)
December 1, 2001
$4,253,813.78 100% of fees and
$4,238,243.763 through March 31, expenses 2002 (3rd post-petition interim fee application period)
'Payment of this amount would result in a "holdback" of $3 8,037.75.
2The Firm had written off an additional $100.00 in fees.
3The Firm had written off an additional $15,570.02 in fees.
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9 10 11 12 11 Application Period Amount Applied For Description Amount Paid April 1,2002 through $5,520,001.30 100% of fees and
$5,520,001.30 July 31, 2002 (4th expenses post-petition interim fee application period)
August 1, 2002 100% of fees and through November
$7,679,231.32 expenses
$7,679,231.32 30, 2002 (5th post-petition interim fee application period) through March 31,
$4,722,304.02 100% offees and
$4,722,304.02 2003 (6th post-petition interim fee application period)
April 1,2003 through 100% of fees and July 31, 2003 (7th
$2,103,181.96 expenses
$2,103,181.96 post-petition interim fee application period)
August, 2003 through 1879,187.64 00% of fees and
$1,879,187.64 November 30, 2003 expenses (8th post-petition interim fee application period)
December, 2003
$ 366,674.28 850% of fees and
$ 366,674.28 January, 2004
$ 427,923.77 100% of expenses
$ 427,923.77 February, 2004
$ 408,339.88 100% of expenses
$ 408,339.88 March, 2004 85% of fees and
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$ 546,704.23 100% of expenses
$ 546,163.614 Total Paid to the.30
$36,459,256.66 Firm to Date
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.22 23 24 25 26 27 28 4The Firm had written off an additional $540.62 in fees WD 051004/1-1419904/1 148532/v-
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To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
Application Period Amount Description Dec. 1 - Dec. 31, 2003
$ 62,197.12 15% fee holdback Jan. 1 - Jan. 31, 2004
$ 71,642.18 15% fee holdback Feb. 1 - Feb. 29, 2004
$ 65,149.57 15% fee holdback March 1 - March 31, 2004
$ 93,400.50 15% fee holdback Total Owed to Firm to Date
$292,389.37
- 6.
With regard to the copies of this Application served on counsel for the Official Committee of Unsecured Creditors (the "Committee"), PG&E and the Office of the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who performed services in connection with this case during the Application Period and the hourly rate for each such professional; and attached as Exhibit 2 is an Account Summary. 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 have been submitted in electronic form to the Office of the United States Trustee and mailed to counsel for the Committee and to PG&E.
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The Firm is serving a copy of this Application (without Exhibits) on the Special Notice List in this case.
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Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE (Revised March, 2002)" (the "Amended Order"), PG&E 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 PG&E, the Committee or the United States Trustee WD 051004/1-1419904/1 148532/v1 4-
I and served by the fifteenth day of the month following the service of this Application. If
.2 such an objection is filed, PG&E is authorized to pay the amounts, if any, not subject to the 3
objection. The Firm is informed and believes that this Cover Sheet Application was mailed 4
by first class mail, postage prepaid, on or about May 27, 2004.
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The interim compensation and reimbursement of expenses sought in this 6
Application is on account and is not final. Upon the conclusion of this case, the Firm will 7
seek fees and reimbursement of the expenses incurred for the totality of the services 8
rendered in the case. Any interim fees or reimbursement of expenses approved by this Court 9
and received by the Firm (along with the Firm's retainer) will be credited against such final 10 fees and expenses as may be allowed by this Court.
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The Firm represents and warrants that its billing practices comply with all 12 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 13 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any members 14 of the Firm has any agreement or understanding of any kind or nature to divide, pay over or
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- 7 15 share any portion of the fees or expenses to be awarded to the Firm with any other person or 16 attorney except as among the members and associates of the Firm.
17 WHEREFORE, the Firm respectfully requests that PG&E pay compensation 18 to the Firm as requested herein pursuant to and in accordance with the terms of the Amended 19 Order.
20 DATED: May 27,2004 HOWARD, RICE, NEMEROVSKI, CANADY, 21 FALK & RABKIN A Professional Corporation 22 23 By:
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°1B 24 JANET A. NEXON Attorneys for PACIFIC GAS AND 25 ELECTRIC COMPANY 26 27 28 WD 051004/1-1419904/1 148532/v5