ML030980512

Milbank, Tweed, Hadley & Mccloy Llp'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for February 2003

ML030980512
Person / Time
Site:	Diablo Canyon
Issue date:	03/28/2003
From:	Ball L 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: ML030980512 (4)

Text

1 Paul S. Aronzon (#88781)

Robert Jay Moore (#77498) 2 Michael I. Sorochinsky (#166708)

Lorie A. Ball (#210703) 3 MILBANK, TWEED, HADLEY & McCLOY LLP 4 601 South Figueroa Street, 30th Floor Los Angeles, California 90017 5 Telephone: (213) 892-4000 Facsimile: (213) 629-5063 6

Counsel for Official Committee 7 of Unsecured Creditors 8

9 UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 In re Case No. SF 01-30923 DM 15 PACIFIC GAS AND ELECTRIC Chapter 11 16 COMPANY, a California corporation, MILBANK, TWEED, HADLEY & McCLOY 17 Debtor. LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF 18 INTERIM COMPENSATION AND 19 REIMBURSEMENT OF EXPENSES FOR FEBRUARY 2003 20 Heanin:

21 22 Date: [None Required]

Time: [None Required]

23 Place: 235 Pine Street, 22 nd Floor San Francisco, CA 24 25 26 27 28 LAI :#6257745vl Cover Sheet Application for February 2003

1 Milbank, Tweed, Hadley & McCloy, LLP (the "Firm") submits its Cover Sheet 2

Application (the "Application") for Allowance and Payment of Interim Compensation and 3

Reimbursement of Expenses for February 2003 (the "Application Period"). In support of the 4

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 $357,714.98 in fees and expenses during the 10 Application Period. The total fees represent 830 hours0.00961 days <br />0.231 hours <br />0.00137 weeks <br />3.15815e-4 months <br /> expended during the Application Period.

11 These fees and expenses break down as follows:

12 13 Period Fees Expenses Total 14 02/01/03 - 02/28/03 $328,957.00 $28,757.98 $357,714.98 15 16

3. Accordingly, the Firm seeks allowance of interim compensation in the total 17 amount of $308,371.43 at this time. This total is comprised as follows:

18

$279,613.45 (85% of the fees for services rendered) plus $28,757.98 (100% of the expenses 19 incurred).

20

4. For the post-petition period, the Firm has not been paid $813,903.91 to date for 21 fees and expenses.

22

5. To date (through 3/28/03) the Firm is owed as follows (including amounts 23 owed pursuant to this Application):

24 25 26 27 28 IPayment of this amount would result in a "holdback" of $49,343.55.

LAI :#6257745vl Cover Sheet Application for February 2003 1

2 Application Period Amount Description 3 Seventeenth (August 1 - 31) $73,045.05 15% holdback 4 Eighteenth (September 1 - September 30) $59,603.70 15% holdback 5

Nineteenth (October 1 - October 31) $97,431.15 15% holdback 6

Twentieth (November 1 -November 30) $89,674.35 15% holdback 7

Twenty-First (December 1 -December31) $71,043.60 15% holdback 8

Twenty-Second (January 1 -January31) $65,391.08 15%holdback 9

10 Twenty-Third (February 1 - February 28) $357,714.98 February fees and costs 11 Total Owed to Firm to Date $813,903.91 l_l 12

6. With regard to the copies of this Application served on counsel for the Debtor 13 and the Office of the United States Trustee, attached as Exhibit 1 hereto is the name of each 14 professional who performed services in connection with this case during the period covered by 15 this Application and the hourly rate for each such professional; and (b) attached as Exhibit 2 are 16 the '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 the 18 Guidelines of the Office of the United States Trustee.

19

7. The Firm has served a copy of this Application (without Exhibits) on the 20 Special Notice List in this case.

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8. Pursuant to this Court's "SECOND AMENDED ORDER ESTABLISHING 22 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which 23 was entered on or about March 18, 2002, the Debtor is authorized to make the payment requested 24 herein without a further hearing or order of this Court unless an objection to this Application is 25 filed with the Court by the Debtor or the United States Trustee and served by the fifteenth day of 26 the month following the service of this Application. If such an objection is filed, Debtor is 27 authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and 28 LA] :#6257745v]

Cover Sheet Application for February 2003 1 believes that this Cover Sheet Application was mailed by first class mail, postage prepaid, on or 2 about March 28, 2003.

9. The interim compensation and reimbursement of expenses sought in this 4 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 5 lfees and reimbursement of the expenses incurred for the totality of the services rendered in the 6 lcase. Any interim fees or reimbursement of expenses approved by this Court and received by the 7 lFirm will be credited against such final 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 the 10 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the II Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 12 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 13 except as among the members and associates of the Firm.

14 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to 15 lthe Firm as requested herein pursuant to and in accordance with the terms of the "SECOND 16 AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE 17 lREIMBURSEMENT PROCEDURE."

189 DATED: March 28, 2003 20 MILBANK, TWEED, HADLEY & McCLOY LLP 21 By:

22 Paul S. Jay Robert Aronzon Moore 23 Michael I. Sorochinsky 23 lLorie A. Ball 24 Attorneys for the Official Committee of Unsecured 25 Creditors 26 27 28 LAI.#6257745vl Cover Sheet Application for February 2003