ML041590248

Milbank, Tweed, Hadley & Mccloy Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for April 1, 2004 Through April 12, 2004

ML041590248
Person / Time
Site:	Diablo Canyon
Issue date:	05/25/2004
From:	Aronzon P Milbank, Tweed, Hadley & McCloy, LLP, Official Committee of Unsecured Creditors
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
SF 01-30923 DM
Download: ML041590248 (4)

Text

I Paul S. Aronzon (#88781)

Robert Jay Moore (#77498) 2 Lorie A. Ball (#210703)

MILBANK, TWEED, HADLEY & McCLOY LLP 3

601 South Figueroa Street, 30th Floor 4 Los Angeles, California 90017 Telephone: (213) 892-4000 5 Facsimile:- (213) 629-5063 6 Counsel for Official Committee of Unsecured Creditors 7

8 9 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 1]1 12 13 In re Case No. SF 01-30923 DM 14 PACIFIC GAS AND ELECTRIC Chapter 11 15 COMPANY, a California corporation, MILBANK, TWEED, HADLEY & McCLOY 16 Debtor. LLP'S COVER SHEET APPLICATION 17 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 18 REIMBURSEMENT OF EXPENSES FOR APRIL 1, 2004 THROUGH APRIL 12, 2004 19 20 Hearing:

21 Date: [None Required]

Time: [None Required]

22 Place: 235 Pine Street, 22 nd Floor San Francisco, CA 23 24 25 26 27 28 LAIA 6283247v0 6 0 Cover Sheet Application for April 1, 2004 through April 12, 2004

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I Milbank, Tweed, Hadley & McCloy, LLP (the "Firrn') submits its Cover Sheet 2 Application (the "Application") for Allowance and Payment of Interim Compensation and 3 Reimbursement of Expenses for April 1, 2004 through April 12, 2004 (the "Application 4 Period"). In support of the Application, the Firm respectfully represents as follows:

5 1. The Firm is counsel to the Official Committee of Unsecured Creditors in the 6 Pacific Gas and Electric Company ("Debtor") bankruptcy case. The Firm hereby applies to the 7 Court for allowance and payment of interim compensation for services rendered and 8 reimbursement of expenses incurred during the Application Period.

9. 2. The Firm billed a total of $96,127.38 in fees and expenses during the 10 Application Period. The total fees represent 217.40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> expended during the Application 11 Period. These fees and expenses break down as follows:

12 13 Period Fees Expenses Total 14 14 04/01/04 -04/12/04 $94,581.50 $1,545.88 $96,127.38 15 3. Accordingly, the Firm seeks allowance of interim compensation in the total 16 amount of $81,940.15 at this time. This total is comprised as follows:

17 $80,394.27 (85% of the fees for services rendered)' plus $1,545.88 (100% of the expenses 18 incurred).

19 4. For the post-petition period, the Firm has not been paid S227,651.54 to date for 20 fees and expenses.

21 5. To date (through 05/28/04) the Firm is owed as follows (including amounts 22 owed pursuant to this Application):

23 24 25 26 27 28' Payment of this amount would result in a "holdback" of $14,187.23.

LA1 :#6283247v-Cover Sheet Application for April 1, 2004 through April 12, 2004

I Application Period Amount Description 2

Thirty-Third (December I -December 31) $35,110.43 15% holdback 3

Thirty-Fourth (January 1 -January 31) $25,131.53 15% holdback 4

Thirty-Fifth (February.1 - February 29) $22,362.15 15% holdback 5

Thirty-Sixth (March 1 -March 31) S20,271.60 15% holdback 6

7 Thirty-Seventh (April 1 -April 12) $96,127.38 March fees and costs 8 Total Owed to Firm to Date $199,003.09 9 6. With regard to the copies of this Application served on counsel for the Debtor 10 and the Office of the United States Trustee, attached as Exhibit 1 hereto is the name of each I1 professional who performed services in connection with this case during the period covered by 12 this Application and the hourly rate for each such professional; and (b) attached as Exhibit 2 are 13 the detailed time and expense statements for the Application Period that comply with all 14 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 15 Guidelines of the Office of the United States Trustee.

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

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8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 19 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which 20 was entered on or about March 18, 2002, the Debtor is authorized to make the payment requested 21 herein without a further hearing or order of this Court unless an objection to this Application is 22 filed with the Court by the Debtor or the United States Trustee and served by the fifteenth day of 23 the month following the service of this Application. If such an objection is filed, Debtor is 24 authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and 25 believes that this Cover Sheet Application was mailed by first class mail, postage prepaid, on or 26 about May 28, 2004, 2004.

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9. The interim compensation and reimbursement of expenses sought in this 28 LAI#:6283247vl Cover Sheet Application for April 1, 2004 through April 12, 2004

1 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 2 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 3 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 4 Firm will be credited against such final fees and expenses as may be allowed by this Court.

5 *10. The Firm represents and warrants that its billing practices comply with all 6 Northern District of Califomia Bankruptcy Local Rules and Compensation-Guidelines and the 7 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 8 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 9 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 10 except as among the members and associates of the Firm.

11 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to 12 the Firm as requested herein pursuant to and in accordance with the terms of the "SECOND 13 AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE 14 REIMBURSEMENT PROCEDURE."

15 DATED: May L'2004 16 M 3LB McCLOY LLP 17 Paul S. BAxonzon 19 Robert Jay Moore Lorie A. Ball 20 Attorneys for the Official Committee of Unsecured 21 Creditors 22 23 24 25 26 27 28 LA1:#6283247vl Cover Sheet Application for April 3, 2004 through April 12, 2004