ML031880828
| ML031880828 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/23/2003 |
| From: | Justic S Winston & Strawn |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML031880828 (6) | |
Text
1 Donald K Dankner (No. 0186536)
Thomas F. Blakemore (No. 03121566) 2 Stacy D. Justic (No. 6277752) 3 WINSTON & STRAWN 35 West Wacker Dr. 17.9 4 Chicago, IL 60601 Phone: 312-558-5600 5 Facsimile: 312-558-5700 Counsel to Debtor and Debtor in Possession 6
7 8
UNITED STATES BANKRUPTCY COURT 9
10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 In re Case No. 01-30923 DM 13 PACIFIC GAS AND E LECTRIC Chapter 11 Case COMPANY, a Californiua corporation, 14 [No Hearing Scheduled]
ebtor.
15 Federal I.D. No. 94-07'$2640 16 17 VWINSTON & STRAWN'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 18 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD MAY 1. 2003 THROUGH MAY 31, 2003 19 20 Winston & Strawn (the "Firm") submits its Cover Sheet Application (the "Application")
21 for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the 22 Period of May 1, 2003 through May 31, 2003 (the "Application Period"). In support of the 23 Application, the Firm respectfully represents as follows:
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- 1. Pursuant to the Amendment to the Amended Application for Authority to 25 Employ and to continue the Employment of Special Counsel dated as of September 13, 2001, the 26 Firm is counsel to the above-captioned debtor and debtor in possession (the "Debtor") and 27 28 employed under section 327(e) of the Bankruptcy Code, 11 U.S.C. § 101 et se. (the "Code").
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1 2. Pursuant to the Order Establishing Interim Fee Application and Expense 2 Reimbursement Procedure entered on July 26, 2001 (the "Fee Order"), the Firm hereby applies to 3
the Court for allowance and payment of interim compensation for services rendered and 4
reimbursement of expenses incurred during the Application Period.
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- 3. The Firm billed a total of $94,054.93 in fees and expenses during the 6
7 Application Period. The total fees represent 309.13 hours1.50463e-4 days <br />0.00361 hours <br />2.149471e-5 weeks <br />4.9465e-6 months <br /> expended during the Application 8 Period. These fees and expenses break down as follows:
9 Period Fees Expenses Total 10 May 1-May31, $83,651.90 $10,403.03 $94,054.93 2 0 031 _ _ _
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12 4. Accordingly, the Firm seeks allowance of interim compensation in the 13 total amount of $81,507.15 at this time. This total is comprised as follows:
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$71,104.12 (85% of the fees for services rendered)' plus $10,403.03 (100% of the expenses 15 incurred).
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- 5. Pursuant to the Stipulation and Order Regarding Employment of Winston 17 18 & Strawn as Special Counsel to the Debtor in Possession dated September 24, 2001 (the 19 "Stipulation"), the Firm's reimbursement for all fees and expenses incurred by the Firm as special 20 counsel to Debtor through July 31, 2001, is governed by the Order entered on August 16, 2001, 21 approving the Amended Application for Authority to Employ and Continue the Employment of 22 Special Counsel (the 'Omnibus Order"). Pursuant to the Stipulation and Omnibus Order, the 23 Finn has not and will not submit Applications for fees and expenses incurred through July 31, 24 25 2001.
26 6. To date, the Firm has submitted invoices for the following post-petition 27 services directly to the debtor:
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'Payment of this amount would result in a wholdbackw of S12,547.78.
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1 Application Period Amount Due Amount Paid Amount Outstanding 2 June 1, 2001-June 30, $117,735.06 $117,494.31 $0.00 2001 3 July 1, 2001-July 31, $169,199.53 $169,197.43 $0.00 20 0 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4 7. To date, the Firm has been paid $117,494.31 for the June 1, 2001 through 5
June 30, 2001 period and $ 169,197.43 for the July 1, 2001 through July 31, 2001 period.
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- 8. For fees and expenses incurred on behalf of the Debtor after July 31, 2001, 7
8 the Firm is governed by the Fee Order and must file monthly fee applications ("Cover Sheet 9 Applications") and quarterly fee applications ("Interim Fee Applications") with the Court 10 pursuant to section 331 of the Code.
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- 9. The following chart reflects: (a) the Cover Sheet Applications submitted to 12 date by W&S, including this Cover Sheet Application; (b) the First, Second, Third and Fourth 13 14 Interim Applications submitted to date by W&S; (c) for the fees and expenses incurred by the 15 Firm after July 31, 2001, the amounts incurred and the amounts paid to W&S by the Debtor to 16 date; (d) W&S's voluntary and Court ordered reductions in compensation sought from the Debtor 17 as part of the First Interim Application; and (e) the total amount owed by the Debtor to the Firm 18 to date.
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Application Period 85% Fees Expenses 15% Fee Amount Paid Total Amount 3 Holdback Owed 2 August I - November 4 30, 2001 Interim S881,496.65 $71,206.39 $155,558.23 $1,108,261.28 $0.00 Application Period 5 December 1, 2001 -
March 31, 2002 $598,974.22 $61,140.86 $105,701.34 $765,816.41 $0.00 6 Interim Application Period 7 April 1, 2002 - July 31,2002 Interim $400,790.65 $25,688.92 $70,724.75 $497,204.33 $0.00 8 Application Period August 1, 2002 -
9 November 30,2002 $421,593.39 $35,004.03 S74,398.87 $530,996.29 $0.00 Interim Application 10 Period December 1, 2002 -
11 March 31, 2003 $412,591.79 $31,681.A4 $72,810.31 $444,273.22 $72,810.32 Interim Application 12 Period April 1, 2003 - April 13 30,2003 $91,993.16 $4,834.31 $16,234.09 $0.00 $113,061.56 May 1, 2003-May 31, 14 2003 $71,104.12 $10,403.03 $12,547.78 $0.00 $94,054.93 Total $2,878,543.98 $239,958.98 $507,975.37 $ 3,346,550.54 $279,926.81 15 16 10. With regard to the copies of this Application served on counsel for the 17 Official Committee of Unsecured Creditors (the "Committee"), reorganization counsel for the 18 Debtor and the Office of the United States Trustee, (a) attached as Exhibit 1 hereto is the name 19 of each professional who performed services in connection with this case during the period 20 covered by this Application and the hourly rate for each such professional; and (b) attached as 21 Exhibit 2 are the detailed time and expense statements for the Application Period that comply 22 23 with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines 24 and the Guidelines of the Office of the United States Trustee.
25 11. The Firm has served a copy of this Application (without Exhibits) on the 26 Special Notice List in this case.
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Total Amount Owed includes the 15% holdback.
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1 12. Pursuant to this Court's Fee Order, the Debtor is authorized to make the 2 payment requested herein without a further hearing or order of this Court unless an objection to 3 this Application is filed with the Court by the Debtor, the Committee or the United States 4
5 Trustee and served by the fifteenth day of the month following the service of this Application. If 6 such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the 7 objection. The Firm is informed and believes that this Cover Sheet Application was mailed by 8 first class mail, postage prepaid, on or about June 23, 2003.
9 13. The interim compensation and reimbursement of expenses sought in this 10 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek fees and reimbursement of the expenses incurred for the totality of the services rendered in the 12 13 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 14 Firm will be credited against such final fees and expenses as may be allowed by this Court.
15 14. The Firm represents and warrants that its billing practices comply with all 16 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 17 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 18 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 19 portion of the fees or expenses to be awarded to the Firm with any other person or attorney 20 21 except as among the members and associates of the Firm.
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1 2 WHEREFORE, the Firm respectfully requests that the Debtor pay comj pensation 3 to the Firm as requested herein pursuant to and in accordance with the terms of the Fee C)rder.
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Dated: June 23, 2003 WINSTON & STRAWN 7 By:y Onq bffts Xtorneys 8 327(e) Counsel to Debtors and 9 Debtors in Possession 9
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