ML041560334

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

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)

Text

I

• 0 1 JAMES L. LOPES (No. 63678)

JEFFREY L. SCHAFFER (No. 91404)

FILE:

2 JANET A. NEXON (No. 104747) MAY 2 7 2004 WILLIAM J. LAFFERTY (No. 120814) UNITED STAIES KRUPTN" COURT

.3 HOWARD, RICE, NEMEROVSKI, CANADY, IANV016007COCA 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 HOWAD 13 RXE

• 1ENS30 PACIFIC GAS AND ELECTRIC Chapter 11 Case achrw I NUK 14 COMPANY, a California corporation, VRem AC&1an0W  ; 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 APRIL 1. 2004 THROUGH APRIL 12. 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 April 1, 2004 through April.

24 12, 2004 (the "Application Period"). In support of the Application, the Firm respectfully 25 represents as follows:

26

1. The Firm is counsel to Pacific Gas and Electric Company, the reorganized 27 debtor in the above-referenced bankruptcy case ("PG&E"). The Firm hereby applies to the 28 WD 051004/1-1419904/1148532vl b

. I 1 Court for allowance and payment of interim compensation for services rendered and 2 reimbursement of expenses incurred during the Application Period.

3 2. The Firm billed a total of $292,699.90 in fees and expenses during the 4 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

.5 Period. These fees and expenses break down as follows:

6 7 Period - Fees Expenses Total 8 April 1-April 12,2004 $253,585.00 $39,114.90 $292,699.90 9

10 3. Accordingly, the Firm seeks allowance of interim compensation in the total 11 amount of $254,662.15 at this time. This total is comprised as follows: $215,547.25 (8.5%

12 of the fees for services rendered)' plus $39,114.90 (100% ofthe expenses incurred).

HiasRD 13 4. For the post-petition period, the Firm has been paid to date as follows:

NEXT .,

xmm mO"WITh' 14 AAWO.dd 15 Application Period Amount Applied For Description Amount Paid 16 April 6,2001 through 100% of fees and July 31, 2001 (1st $4,646,476.74 expenses $4,646,476.74

-17 post-petition interim fee application 18 period) 2 19 August 1, 2001 $3,921,628.38 100% of fees and $3,921,528.382 through November expenses 20 30, 2001. (2nd post-petition interim fee 21 application period)

December 1, 2001 $4,253,813.78 100% of fees and $4,238,243.763 22 through March 31, expenses 2002 (3rd post-23 petition interim fee application period) 24 25 26 'Payment of this amount would result in a "holdback" of $38,037.75.

2 The 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 051004/1-1419904/1 148532/v2

.4 U) C) 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 period) 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) 9 through March 31, $4,722,304.02 100% offees and $4,722,304.02 2003 (6th post-10 petition interim fee 11 application period)

April 1,2003 through 100% of fees and 12 July 31, 2003 (7th $2,103,181.96 expenses $2,103,181.96 11 post-petition interim HOWD A.,

fee application mCOI~ mm 14 period)

August, 2003 through 1879,187.64 00% of fees and $1,879,187.64

_t 15 November 30, 2003 expenses 16 (8th post-petition interim fee 17 application period) 18 December, 2003 $ 366,674.28 850% of fees and $ 366,674.28 19 January, 2004 $ 427,923.77 100% of expenses $ 427,923.77 20 February, 2004 $ 408,339.88 100% of expenses $ 408,339.88 21 March, 2004 85% of fees and '1

.22 $ 546,704.23 100% of expenses $ 546,163.614 23 Total Paid to the.30 $36,459,256.66 Firm to Date __36 __475___467___30_ ___ ____ ___ ____ ___ ___

24 25 26 27 4The Firm had written off an additional $540.62 in fees 28 WD 051004/1-1419904/1 148532/v-

.4-C) C) 1 2 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to 3 this Application):

4 5 Application Period Amount Description 6 Dec. 1- Dec. 31, 2003 $ 62,197.12 15% fee holdback

.7 Jan. 1 - Jan. 31, 2004 $ 71,642.18 15% fee holdback 8 Feb. 1 - Feb. 29, 2004 $ 65,149.57 15% fee holdback 9 March 1 - March 31, 2004 $ 93,400.50 15% fee holdback 10 Total Owed to Firm to Date $292,389.37 11 6. With regard to the copies of this Application served on counsel for the 12 Official Committee of Unsecured Creditors (the "Committee"), PG&E and the Office of the OVMLR 13 United States Trustee, attached as Exhibit 1 hereto is the name of each professional who aNE~ 14 performed services in connection with this case during the Application Period and the hourly 15 rate for each such professional; and attached as Exhibit 2 is an Account Summary. The 16 detailed time and expense statements for the Application Period that comply with all 17 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 18 the Guidelines of the Office of the United States Trustee have been submitted in electronic 19 form to the Office of the United States Trustee and mailed to counsel for the Committee and 20 to PG&E.

21 7. The Firm is serving a copy of this Application (without Exhibits) on the 22 Special Notice List in this case.

23 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 24 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE 25 (Revised March, 2002)" (the "Amended Order"), PG&E is authorized to make the payment 26 requested herein without a further hearing or order of this Court, unless an objection to this 27 Application is filed with the Court by PG&E, the Committee or the United States Trustee 28 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.

5 9. 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.

11 10. 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

$RAN=r

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: U& EL-/;- °1B 24 JANET A. NEXON Attorneys for PACIFIC GAS AND 25 ELECTRIC COMPANY 26 27 28 WD 051004/1-1419904/1 148532/v5