ML030380341

Howard, Rice, Nemerovski, Canady, Falk & Rabkin Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for December 2002

ML030380341
Person / Time
Site:	Diablo Canyon
Issue date:	01/30/2003
From:	Lopes 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: ML030380341 (5)

Text

1 JAMES L. LOPES (No. 63678)

JEFFREY L. SCHAFFER (No. 91404) 2 WILLIAM J. LAFFERTY (No. 120814)

HOWARD, RICE, NEMEROVSKI, CANADY, 3 FALK & RABKIN A Professional Corporation 4 Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 5 Telephone: 415/434-1600 Facsimile: 415/217-5910 6

Attorneys for Debtor and Debtor in Possession 7 PACIFIC GAS AND ELECTRIC COMPANY 8

UNITED STATES BANKRUPTCY COURT 9

NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 In re Case No. 01-30923 DM PACIFIC GAS AND ELECTRIC Chapter 11 Case 13 RREm COMPANY, a California corporation,

~ 14 [NO HEARING REQUESTED]

Debtor.

15 Afta . ,an%*

16 Federal I.D. No. 94-0742640 17 HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN COVER SHEET APPLICATION 18 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR DECEMBER, 2002 19 20 Howard, Rice, Nemerovski, Canady, Falk & Rabkin (the "Firm") submits its

• 21 Cover Sheet Application (the "Application") for Allowance and Payment of Interim 22 Compensation and Reimbursement of Expenses for the Period December 1, 2002 through 23 December 31, 2002 (the "Application Period"). In support of the Application, the Firm 24 respectfully represents as follows:

25 1. The Firm is counsel to Pacific Gas and Electric Company, the debtor and 26 debtor-in-possession in the above-referenced bankruptcy case (the "Debtor"). The Firm 27 hereby applies to the Court for allowance and payment of interim compensation for services /

28 rendered and reimbursement of expenses incurred during the Application Period. .,J 9 WD 012303/1-1419904/1051321/vi

1 2. The Firm billed a total of $1,454,662.08 in fees and expenses during the 2 Application Period. The total fees represent 5,108.7 hours8.101852e-5 days <br />0.00194 hours <br />1.157407e-5 weeks <br />2.6635e-6 months <br /> expended during the Application 3 Period. These fees and expenses break down as follows:

4 5 Period Fees Expenses Total 6 December, 2002 $1,346,755.00 $107,907.08 $1,454,662.08 7

8 3. Accordingly, the Firm seeks allowance of interim compensation in the total 9 amount of $1,252,648.83 at this time. This total is comprised as follows: $1,144,741.75 10 (85% of the fees for services rendered)' plus $107,907.08 (100% of the expenses incurred).

11

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

12 HcAARD 13 Application Period Amount Applied For Description Amount Paid RIE

"%vAMW 14 April 6, 2001 through 100% of fees and $4,238,886.77'

$4,646,476.74 expenses RaNx July 31, 2001 (1st 15 post-petition interim fee application 16 period)

August 1, 2001 $3,921,628.38 100% of fees and $3,921,528.38; 17 expenses through November 18 30, 2001 (2nd post petition interim fee 19 application period)

December 1, 2001 $4,253,813.78 100% of fees and $4,238,243.764 20 through March 31, expenses 2002 (3rd post 21 petition interim fee application veriod) 22 23

'Payment of this amount would result in a "holdback" of $202,013.25.

2The Firm found certain charges that did not comply with the Guidelines, in the 24 amount of $24,035.37, were inadvertently included in applicant's Cover Sheet Application 25 for July, 2001 as described in its First Interim Application previously filed. The Firm has credited this amount appropriately. Additionally, the Firm had written off an additional 26 $114.00 in fees.

3The Firm had written off an additional $100.00 in fees.

27 4The Firm had written off an additional $15,570.02 in fees.

28 WD 012303/I-1419904/1051321/vl 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 July 31, 2002 (4th expenses 3

post-petition interim 4 fee application period) 5 85% of fees and August, 2002 100% of expenses $ 1,411,976.75

$ 1,411,976.74 6 September, 2002 85% of fees and

$ 1,567,378.02 100% of expenses $ 1,567,378.02 7 October, 2002 85% of fees and

$ 2,000,897.35 100% of expenses $ 2,000,897.35 8

November, 2002 $ 1,611,099.82 85% of fees and $ 1,611,099.81 9 100% of expenses $_1,611,099.81 Total Paid to the $24,933,272.13 $23,718,970.73 10 Firm to Date 11 12 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to HOMMR 13 this Application):

cWVW" 14

. 15 Application Period Amount Description 16 August 1- August 31, 2002 $ 221,962.03 15% fee holdback 17 Sept. 1- Sept. 30, 2002 $ 258,803.40 15% fee holdback 18 $ 332,946.60 15% fee holdback Oct. 1 - Oct. 31, 2002 19 $ 274,167.37 15% fee holdback Nov. 1-Nov. 30, 2002 20 $1,087,879.40 Total Owed to Firm to Date 21 22 6. With regard to the copies of this Application served on counsel for the 23 Official Committee of Unsecured Creditors (the "Committee"), the Debtor and the Office of 24 the United States Trustee, attached as Exhibit 1 hereto is the name of each professional who 25 performed services in connection with this case during the Application Period and the hourly 26 rate for each such professional; and attached as Exhibit 2 is an Account Summary. The 27 detailed time and expense statements for the Application Period that comply with all 28 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and WD 012303/1-1419904/1051321/vl 1 the Guidelines of the Office of the United States Trustee have been submitted in electronic 2 form to the Office of the United States Trustee and mailed to counsel for the Committee and 3 to the Debtor.

4 7. The Firm is serving a copy of this Application (without Exhibits) on the 5 Special Notice List in this case.

6 8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 7 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE 8 (Revised March, 2002)" (the "Amended Order"), the Debtor is authorized to make the 9 payment requested herein without a further hearing or order of this Court, unless an 10 objection to this Application is filed with the Court by the Debtor, the Committee or the 11 United States Trustee and served by the fifteenth day of the month following the service of 12 this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if 13 any, not subject to the objection, The Firm is informed and believes that this Cover Sheet NI 14 Application was mailed by first class mail, postage prepaid, on or about January 30, 2003.

, 15 9. The interim compensation and reimbursement of expenses sought in this 16 Application is on account and is not final. Upon the conclusion of this case, the Firm will 17 seek fees and reimbursement of the expenses incurred for the totality of the services 18 rendered in the case. Any interim fees or reimbursement of expenses approved by this Court 19 and received by the Firm (along with the Firm's retainer) will be credited against such final 20 fees and expenses as may be allowed by this Court.

21 10. The Firm represents and warrants that its billing practices comply with all 22 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and 23 the Guidelines of the Office of the United States Trustee. 5 Neither the Firm nor any 24 members of the Firm has any agreement or understanding of any kind or nature to divide, 25 5As the Firm has informed the Office of the United States Trustee and the Committee, 26 the facsimile and certain computerized research charges sought by Applicant deviate slightly from the Court's Guidelines. The Firm intends to provide a full explanation of such 27 deviation and a request for payment of such charges in its next interim fee application to the case.

28 1Court in this WD 012303/1-1419904/1051321/vI 1 pay over or share any portion of the fees or expenses to be awarded to the Firm with any 2 other person or attorney except as among the members and associates of the Firm.

3 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation 4 to the Firm as requested herein pursuant to and in accordance with the terms of the Amended 5 Order.

6 DATED: January 30,2003 HOWARD, RICE, NEMEROVSKI, CANADY, 7 FALK & RABKIN 8 A Professional Corporation 10 JAMES L. LOP 11 Atto ys for Debtor and Debtor in Possession PACIFLC GAS AND ELECTRIC COMPANY 12 HOY#=D 13 RIE taLK S14 16 17 18 19 20 21 22 23 24 25 26 27 28 WD 012303/1-1419904/1051321/vi