Steefel, Levitt & Weiss's Cover Sheet Application for Allowance And
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"D 1 MARK FOGELMAN (State Bar No. 50510) HARVEY L. LEIDERMAN (State Bar No. 55838) 2 STEEFEL, LEVITT & WEISS A Professional Corporation 3 One Embarcadero Center, 30th Floor San Francisco, California 94111 4 Telephone: (415) 788-0900 Facsimile: (415) 788-2019 5 Special Counsel to Debtor and Debtor in Possession, 6 PACIFIC GAS AND ELECTRIC COMPANY 7 8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 In Re: Case No. 01-30923 DM 12 PACIFIC GAS AND ELIECTRIC Chapter 11 Case COMPANY, a California corporation, 13 [No Hearing Scheduled] Debtor and De btor in Possession. 14 15 Federal I.D. No. 94-0742(540 16 17 STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 18 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD JANUARY 1-31, 2002 19 20 Steefel, Levitt & Weiss (the "Firm") respectfully submits its Cover Sheet Application (the 21 "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 22 Expenses for the Period Jan. 1, 2002 - Jan. 31, 2002 (the "Application Period"). In support of the 23 Application, the Firm respectfully represents as follows: 24 1. The Firm is Special Counsel to the debtor and debtor-in-possession in the above 25 referenced bankruptcy case (the "Debtor"). The Firm hereby applies to the Court for allowance 26 and payment of interim compensation for services rendered and reimbursement of expenses 27 incurred during the Application Period. 28 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT Case No. 01-30923 DM _-i 15830:6292647.1 1 1 2. The Firm billed a total of $104,206.48 in fees and expenses during the Application 2 Period. The Total fees represent 302.20 hours expended during the Application Period. These 3 fees and expenses break down as follows: 4 5 Period Fees Expenses Total 6 Jan. 1-Jan. 31, 2002 $97,003.00 $7,203.48 $104,206.48 7 3. Accordingly, the Firm seeks allowance of interim compensation in the total 8 amount of $89,656.03 at this time. This total is comprised as follows: $82,452.55 (90% (85% 9 after July 31) of the fees for services rendered)' plus $7,203.48 (100% of the expenses incurred). 10 4. For the post-petition period, the Firm has been paid to date as follows: 11 Application Period Amount Applied Description Amount Paid 12 For 13 July 1-July 31, 2001 $24,661.05 90% (85% after July 31) of $24,661.05 14 fees and 100% of expenses 15 Aug. 1-Aug. 31, 2001 $13,443.88 90% (85% after July 31) of $13,443.88 16 fees and 100% of Expenses 17 Sept. 1-Sept. 30, 2001 $61,419.09 90% (85% after July 31) of $61,419.09 18 fees and 100% of Expenses 19 Oct. 1-Oct. 31, 2001 $57,104.27 90% (85% after July 31) of $57,104.27 20 fees and 100% of Expenses 21 Nov. 1-Nov. 30, 2001 $88,939.86 90% (85% after July 31) of $88,939.86 22 fees and 100% of Expenses 23 Dec. 1-Dec. 31, 2001 $51,997.39 90% (85% after July 31) of $0 24 25 fees and 100% of Expenses 26 27 'Payment of this amount would result in a "holdback" of $14,550.45. 28 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 2 Case No. 01-30923 DM 15830:6292647.1 1 Jan. 1-Jan. 31, 2002 $89,656.03 90% (85% after July 31) of $0 2 fees and 100% of Expenses 3 Total $387,221.57 Total $245,568.86 4 5 5. Based on its Cover Sheet Applications filed in this proceeding, to date, the Firm is 6 owed the following funds held back (excluding amounts owed pursuant to this Application): 7 Application Period Amount Description 8 First (July 1-July 31, 2001) $2,723.75 10% (15% after July 31) fee holdback 9 and/or portion of fees objected to. 10 Second (Aug. 1-Aug. 31, 2001) $2,304.90 10% (15% after July 31) fee holdback 11 and/or portion of fees objected to. 12 Third (Sept. 1-Sept. 30, 2001) $10,478.92 10% (15% after July 31) fee holdback 13 and/or portion of fees objected to. 14 Fourth (Oct. 1-Oct. 31, 2001) $9,847.65 10% (15% after July 31) fee holdback 15 and/or portion of fees objected to. 16 Fifth (Nov. 1-Nov. 30, 2001) $15,543.90 10% (15% after July 31) fee holdback 17 and/or portion of fees objected to. 18 Sixth (Dec. 1-Dec. 31, 2001 $8,663.32 10% (15% after July 31) fee holdback 19 and/or portion of fees objected to. 20 Total Owed $49,562.44 21 22 6. With regard to the copies of this Application served on counsel for the Committee, 23 counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit I hereto is 24 the name of each professional who performed services in connection with this case during the 25 period covered by this Application, the hourly rate for each such professional, and the detailed 26 time and expense statements for the Application Period that comply with all Northern District of 27 California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the 28 Office of the United States Trustee. COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 3 Case No. 01-30923 DM 15830:6292647.1 1 7. The Firm has served a copy of this Application (without Exhibits) on the Special 2 Notice List in this case. 3 8. Pursuant to this Court's "ORDER ESTABLISHING INTERIM FEE 4 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered on or 5 about July 26, 2001, the Debtor is authorized to make the payment requested herein without a 6 further hearing or order of this Court unless an objection to this Application is filed with the 7 Court by the Debtor, the Committee or the United States Trustee and served by the fifteenth day 8 of the month following the service of this Application. If such an objection is filed, Debtor is 9 authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and 10 believes that this Cover Sheet Application was mailed by first class mail, postage prepaid, on or 11 about February 28, 2002. 12 9. The interim compensation and reimbursement of expenses sought in this 13 Application is on account and is not final. Upon the conclusion of this case, the Firm will seek 14 fees and reimbursement of the expenses incurred for the totality of the services rendered in the 15 case. Any interim fees or reimbursement of expenses approved by this Court and received by the 16 Firm (along with the Firm's retainer) will be credited against such final fees and expenses as may 17 be allowed by this Court. 18 10. The Firm represents and warrants that its billing practices comply with all 19 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the 20 Guidelines of the Office of the United States Trustee. Neither the Firm nor any members of the 21 Firm has any agreement or understanding of any kind or nature to divide, pay over or share any 22 portion of the fees or expenses to be awarded to the Firm with any other person or attorney except 23 as among the members and associates of the Firm. 24 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 25 Firm as requested herein pursuant to and in accordance with the terms of the "ORDER 26 ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT 27 PROCEDURE." 28 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 4 Case No. 01-30923 DM 15830:6292647.1 1 Date: February 28, 2002 STEEFEL, LEVITT & WEISS A Professional Corporation 2 3 By: 4 Mark Fogelman Attorneys for Special Counsel to Debtor and 5 Debtor in Possession, PACIFIC GAS AND ELECTRIC COMPANY 6 7 8 9 10 U rn 11 0 U) 12 -e 13 I 14 15 16 0. 17 I- 0 18 19 20 21 22 23 24 25 26 27 28 COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT 5 Case No. 01-30923 DM 15830:6292647.1 1 PROOF OF SERVICE Case No. 01-30923 DM 2 I, Anne Ogonowski, declare as follows: 3 I am employed in the City and County of San Francisco, California, over the age of 4 eighteen years, and not a party to the within cause. My business address is STEEFEL, LEVITT 5 & WEISS, One Embarcadero Center, 30th Floor, San Francisco, California 94111. On February 28, 2002, I served the within: 6 STEEFEL, LEVITT & WEISS'S COVER SHEET APPLICATION FOR 7 ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD JANUARY 1-31, 2002 8 on the interested parties in this action by placing a true copy thereof, along with the appropriate 9 Exhibits, in a sealed envelope, addressed as follows: 10 James L. Lopes, Esq. Paul S. Aronzon, Esq. Jeffrey L. Schaffer, Esq. Robert Jay Moore, Esq. 11 Janet A. Nexon, Esq. Milbank, Tweed, Hadley & McCloy LLP William J. Lafferty, Esq. 30th Floor 12 Howard, Rice, Nemerovski, Canady, 601 S. Figueroa Street Falk & Rabkin, a P.C. Los Angeles, CA 90017 13 Three Embarcadero Center, 7th Floor San Francisco, CA 94111-4065 14 Stephen Johnson, Esq. 15 Office of the United States Trustee 250 Montgomery Street, Suite 1000 16 San Francisco, CA 94104-3401 17 BY OVERNIGHT MAIL: By placing such envelope, for collection and mailing at Steefel, Levitt & Weiss, San Francisco, California following ordinary business practice.