ML040420038

Howard, Rice, Nemerovski, Canady, Falk & Rabkin Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for December 2003

ML040420038
Person / Time
Site:	Diablo Canyon
Issue date:	01/30/2004
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
01-30923 DM, 94-0742640
Download: ML040420038 (7)

Text

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 13 13M PACIFIC GAS AND ELECTRIC Chapter 11 Case CAM' 14 COMPANY, a California corporation, 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 DECEMBER. 2003 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 December 1, 2003 through 24 December 31, 2003 (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

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

2 .2. The Firm billed a total of $428,871.40 in fees and expenses during the

3. Application Period. The total fees represent 1,350.8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> expended during the Application 4 Period. These fees and expenses break down as follows:

6 Period Fees Expenses Total 7 December, 2003 $ 414,647.50 $14,223.90 $ 428,871.40 8

9 3. Accordingly, the Firm seeks allowance of interim compensation in the total 10 amount of $366,674.28 at this time. This total is comprised as follows: $352,450.38 (85%

11 of the fees for services rendered)' plus $14,223.90 (100% of the expenses incurred).

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

HOWARD 13 RK~EI~

rIENOfUMC 14 Application Period Amount Applied For Description Amount Paid CA-,M 15 April 6,2001 through $,447.4100% of fees a-ndT July 31, 2001 (1st expenses $4,646,476.74 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) _

December 1, 2001 $4,253,813.78 100% of fees and $4,238,243.76' 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 $62,197.12.

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

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

28 I

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) .

5 100% of fees and August 1, 2002 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 $4,722,304.02 100% of fees and $4,722,304.02 9

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 July31,2003 (7th $,018.6expenses$2138.9 post-petition interim HOWWD 13 fee application CANIDY 14 p erio d )_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

BVK ePAWNr August, 2003 $ 369,506.95 85% of feesnd $ 369,506.95 A^_Q 15

_______________100% of expenses $39569 16 September, 2003 $ 451,315.80 85% offeend $ 451,315.80

__________________ ~100% of expenses 17 October, 2003 $ 437,622.83 85% of fees and $ 437,622.83 18 ._______________ _ .100% of expenses _

November, 2003 $ 85% offe es $ 356,993.45 19 20 Total Paid to the $33,557,467.88 Firm to Date $33,557,467.88 21 22

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

24 25 26 27 28 1

2 Application Period Amount Description 3 August 1 - August 31, 2003 $ 59,730.30 15% fee holdback

.4 Sept. 1 - Sept. 30, 2003 $ 77,707.43 15% fee holdback 5 Oct. 1 - Oct. 31, 2003 $ 68,669.85 15% fee holdback 6 Nov. 1-Nov. 30, 2003 $ 57,641.03 15% fee holdback 7 Total Owed to Firm to Date $ 263,748.61 8 6. With regard to the copies of this Application served on counsel for the 9 Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of 10 the United States Trustee,.attached as Exhibit 1 hereto is the name of each professional who.

11 performed services in connection with this case during the Application Period and the hourly 12 rate for each such professional; and attached as Exhibit 2 is an Account Summary. The HavoD 13 detailed time and expense statements for the Application Period that comply with all rim GcNMLY 14 Northern District of California Bankruptcy Local Rules and .Compensation Guidelines and zQz; 15 the Guidelines of the Office of the United States Trustee have been submitted in electronic 16 form to the Office of the United States Trustee and mailed to counsel for the Committee and 17 to the Debtor.

18 7. The Firm is serving a copy of this Application (without Exhibits) on the 19 Special Notice List in this case.

20 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 21 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE 22 (Revised March, 2002)" (the "Amended Order"), the Debtor is authorized to make the 23 payment requested herein without a further hearing or order of this Court, unless an 24 objection to this Application is filed with the Court by the Debtor, the Committee or the 25 United States Trustee and served by the fifteenth day of the month following the service of 26 this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if 27 any, not subject to the objection. The Firm is informed and believes that this Cover Sheet 28 1 Application was mailed by first class mail, postage prepaid, on or about January 30, 2004.

2 9. The interim compensation and reimbursement of expenses sought in this 3 Application is on account and is not final. Upon the conclusion of this case, the Firm will 4 seek fees and reimbursement of the expenses incurred for the totality of the services 5 rendered in the case. Any interim fees or reimbursement of expenses approved by this Court 6 and received by the Firm (along with the Firm's retainer) will be credited against such final 7 fees and expenses as may be allowed by this Court.

8 10. The Firm represents and warrants that its billing practices comply with all 9 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 10 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any members 11 of the Firm has any agreement or understanding of any kind or nature to divide, pay over or 12 share any portion of the fees or expenses to be awarded to the Firm with any other person or HOWAD 13 attorney except as among the members and associates of the Firm.

mC"AMU WK 14 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 15 to the Firm as requested herein pursuant to and in accordance with the terms of the Amended 16 Order.

17 DATED: January 30,2004 HOWARD, RICE, NEMEROVSKI, CANADY, 18 FALK & RABKIN 19

.9 -A Professional Corporation 20 By:

21 JANET A. NEXON Attorneys for Debtor and Debtor in Possession 22 PACIFIC GAS AND ELECTRIC COMPANY 23 24 25 26 27 28

.@ z 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 January 30, 2004, I served the following document(s) described as HOWARD, 12 RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION 13 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND RKI CNVM PK 14 REIMBURSEMENT OF EXPENSES FOR DECEMBER, 2003 on the persons listed below 15 by 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 January 30, 2004.

24 25 26 26 < / S. Maslow

~~~~~~~~~~~Janet 27 28 PROOF OF SERVICE WD 073101/1-1419903/42/935042v1 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 January 30, 2004, I served the following document(s) described as HOWARD, 6 RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION 7 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND 8 REIMBURSEMENT OF EXPENSES FOR DECEMBER, 2003 on the parties listed below 9 by 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

,,,,, 14 San Francisco, California on January 30, .2004.

., 15. A,;

16 17 17 /t S. Mslow

~~~~~~~~~~~~Janet 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE WD 07310111-1419903/42/935039/v.