ML033381045

Cooley Godward Llps Twenty-Ninth Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period October 1, 2003 - October 31, 2003

ML033381045
Person / Time
Site:	Diablo Canyon
Issue date:	11/26/2003
From:	Joseph Kelly Cooley Godward, LLP, 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: ML033381045 (3)

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U....l I'i COOLEY GODWARD LLP

1. MICHAEL KELLY (133657)

MARTIN S. SCHENKER (l0WM2)

GREGG S. KLEINER (141311)

One Maritime Plaza; 20th Floor.

San Francisco, CA 94111-3580 Telephone:

(415) 693-2000 -

Facsimile:

(415) 951-3699 Special Counsel to Debtor

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PACIFIC GAS AND ELECTRIC COMPANY 3 3 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re

-Chapter II PACIFIC GAS AND ELECTRIC Case No.01-30923 DM COMPANY, a California corporation, COOLEY GODWARD LLPis TwErNTV-N1NTHI Debtor.

COVERSHEETAPPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION Federal ID No. 94-0742640.

AND REIMBURSEMENT OF ExPENSES FOR TIIE PERIOD OCTOBER 1,2003-OCTOBER 31, 2003

[No Hearing Scheduled]

Cooley Godward LLP (the "Firn") submits this Twenty-Ninth Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period October 1,2003 - October 31,2003 (the "Application Period").

This Application is made pursuant to the Order Establishing Interim Fee Application and Expense Reimbursement Procedure that was'entered on or about June 26, 2002, as amended November S. 2002, and amended again as of May 18,2002 ("Interim Fee Order"). Paragraph 4 of the Interim Fee Order contemplates that Pacific Gas and Electric Company (the "Debtor") shall pay a portion of its professionals undisputed fees and all costs after the fifteenth day of the month following the filing and service of the Application ("Interim Compensation").

In support of this Application, the Firm respectfully represents as follows:

1.

The Firm is Special Counsel to the Debtor. The Firm hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of 697273 n2laSF COOLEY GODWARD LLP'S NOTICE

• yp2t71.DOC OF 29" COVER SIarET ArrUCAToON

• CASE No. 01-30923 DM I

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expenses incurred during the Application Period.

2.

The Firm billed a total of $526,067.65 in fees and expenses during the Application Period. The total fees represent approximately 1876.70 hours8.101852e-4 days <br />0.0194 hours <br />1.157407e-4 weeks <br />2.6635e-5 months <br /> expended during the period covered by this Application. These fees and expenses break dowvn as follows:

PERIOD FEES ExPENSES TOTAL I October I toOctober31, 2003 S510,794.50

$15273.15 -

S526.067.65

3.

Accordingly, the Firm seeks allowance of interim compensation in the amount of a total of S449,448.48 at this time. This total is comprised as follows: $434,175.33 (85%) of the fees for services renderedl plus $15,273.15 (100% ofthe expenses incurred).

4.

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

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APrLICATION PERIOD AMOUNTAPPLIED DESCRIPTION AMOUNT PAID FOR 04106/0I-07/31/01 (1 post-petidon

$305,205.04 I00%offees and 5305,205.04' interim fee application period) expenses Ot01/01 - 1 1/30/01 (21 post-petition S981,4U3AS 100% of fees and S981,4S3A5 interim fee application priod) expenses 12/01/01 - 03/31/02 (3" pos-petition

$781,865.23 1 00V of fees and 7S1,S65.23 interim fee application oeriod) expenses 04/01/02 - 07/31/02 (4 post-peition

$1,123,3U4.94 100V of fees and S1,121,884.94' interim fee application period) expenses 0/01/02-11t30D2 (5Ep!si-peddtion

$4,005,614.70 10O'/soffeesand

$4,005,614.70 interim fee application Leriod) expenses 12/01/02-03/31/03(6 pont-petition S3,1W0342.S1 100% of fee and S3,180,342.8I interim fee application rriodL expenses 04/01/03 - 07/31/03 (7 ost-petition

$996,656.92 100Y of fees and

$996,656.92 interim fee application period) expenses 0S/01/03 -0S31103 (August cover

$267,099.51 S5% of fees and 100%

$267099.53 sheet application period) expenses 09/01/03-09/30/03 (September S537.49829 S5% offees and 100V/

$0 cover sheet application period) expenses TOTAL:

S12,179,150 89 S11 640,152.62

5.

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

APPLICATION PERIOD AMOuNT I

DESCRIPTION 04/06/OI -07/3 /01 (Ipost-petition S interim fee application priod) 01/01/01 - 11/30/01 2" Q

ost-Wetition S0-O -

P Payment of thit amount would result in a 'holdback of S76.619.17.

I All except 529.434.90 was paid from the Firm's prepetitioss retainer.

I The Courts Order reduced thcallowed atnount by S 1.50000.

697273 v2715F IyOp27tLDOC COOLEY CODWARD LLP's NotICE OF 29s COVER SHEET APrLUCATION CASE No. 01-0923 DM 2.

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suture interim fee application period) 12/01/01 -03/31/02 (3 pos-petition S*0-interim fee application Lerlod) 04/01/02 - 07/31/02 pa o

-0 interim fee application Period)

O081/02 - 11/30/02(S postpetition 5-0.

interim fee application Leriod) 12/002 - 03/31/02 (6 post-petition interim fee application Period) 04/01/03 - 07/3102 (7* post-petition So0.

interim fee application period) 0/01/03 - o0831/02 (August cover 44,678.23 15% of fee loldback sheet application period) 09/01/03 - 09/30/02 (September

£91,701.90 15% of fee boldback cover sheet application Period) 09/01/03 -09/30102 (September 5537,498.29 8S% of fees nd l00. expenses cover sheet application period)

(Not Yet Paid)

TOTAL:

S5673,8742

6.

With regard to the copies of this Application served on counsel for the Committee, counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit I hereto is the name of each professional who performed services in connection with this case during the period covered by this Application and the hourly rate for each such professional; and (b) attached as Exhibit 2 are the detailed time and expense statements for the Application Period that comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee...

7.

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

8.

Pursuant to this Court's Interim Fee Order the Debtor is authorized to make the payment requested herein without a further hearing or order of this Court unless an objection to this Application is filed with the Court by the Debtor, the Committee or the United States Trustee and served by the Eighteenth day of the month following the service of this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection.

The Firm is informed and believes that this Application was mailed by first class mril, postage prepaid, on or about November 26,2003.

9.

The.interim compensation and reimbursement of expenses sought in this Application is on account and is not final. Upon the conclusion of these cases, the Firm will seek 6972173 Y271SF COOLEY GODWARD LLP's Norrics Iyp271.DOC OF 29" COVESItR SEEr ArUCATION

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fees and reimbursement of the expenses incurred for the totality of the services rendered in the case. Any interim fees or reimbursement of expenses approved by this Court and received by the Firm (along with the Firm's retainer) will be credited against such final fees and expenses as may be allowed by this Court.

10.

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

WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the Firm as required herein pursuant to and in accordance with the terms of the Interim Fee Order.

Dated: November 26# 2003 COOLEY GODWARD LLP By:

t j-(

J. Michael Kelly Special unselto Debtor PACIFIC AS AND ELECTRIC COMPANY 69Tr.

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173 s27/sF 4271.DOC)

COOLEY GODWARD LLPS NCE OF 29" COVER SHIET AArUCATION CASE NO. 01-3923 DM 4.

ICoolev Godward Pl ATTORNEYS AT LAW One Maritime Plaza 20th Floor San Francisco, CA 94111-3580 V.,396 U..

DSAG U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001

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