ML020580350

First Interim Application of Public Policy Advocates LLC for Allowance & Payment of Compensation & Reimbursement of Expenses (08/01/2001 Through 11/30/2001); Declaration of Fred Taugher in Support Thereof

ML020580350
Person / Time
Site:	Diablo Canyon
Issue date:	01/11/2002
From:	Taugher F Public Policy Advocates
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
SF 01-30923 DM
Download: ML020580350 (8)

Text

1 Fred Taugher PUBLIC POLICY ADVOCATES LLC 2 1015 K Street, Suite 200 Sacramento, California 95814-3803 3 Telephone: (916) 441-0702 Facsimile: (916) 441-3549 4

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9 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 In re Case No. SF 0 1-30923 DM 13 PACIFIC GAS AND ELECTRIC Chapter 11 14 COMPANY, a California corporation, FIRST INTERIM APPLICATION OF 15 Debtor.

PUBLIC POLICY ADVOCATES LLC FOR 16 ALLOWANCE AND PAYMENT OF COMPENSATION AND 17 REIMBURSEMENT OF EXPENSES (AUGUST 1, 2001 THROUGH 18 NOVEMBER 30, 2001); DECLARATION OF 19 FRED TAUGHER IN SUPPORT THEREOF 20 Hearing:

21 Date: February 26, 2002 Time: 9:30 a.m.

22 Place: 235 Pine Street, 2 2nd Floor San Francisco, CA 23 24 25 26

/1/ j 27 28 LA 1:#6228160v3 LA1162281600 First Interim Application for Allowance and Payment of Compensation

1 TO THE HONORABLE DENNIS MONTALI, UNITED STATES BANKRUPTCY JUDGE, THE OFFICE OF THE UNITED STATES TRUSTEE, THE DEBTOR, AND 2 OTHER PARTIES IN INTEREST:

3 4 Public Policy Advocates LLC ("PPA"), the Legislative Activities Consultant to 5 the Official Committee of Unsecured Creditors (the "Committee") appointed in the above Debtor and Debtor in 6 captioned chapter 11 case of Pacific Gas and Electric Company, Possession ("PG&E" or the "Debtor"), hereby submits its first interim application for allowance 7

8 and payment of compensation and reimbursement of costs and expenses (the "First Interim 9 Application") covering the four-month period from August 1, 2001 through and including 10 November 30, 2001 (the "First Application Period"). In support of the First Interim Application, 11 PPA respectfully represents as follows:

12 This is PPA's First Interim Application for approval of compensation and 13 reimbursement of expenses for services rendered on behalf of the Committee in connection with 14 the case. PPA submits this First Interim Application in accordance with Bankruptcy Code 15 sections 330 and 331, Rule 2016 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy 16 Rules"), the Office of the United States Trustee for the Northern District of California Guidelines 17 (the "UST Guidelines"), and the United States Bankruptcy Court Northern District of California 18 Guidelines for Compensation and Expense Reimbursement of Professionals and Trustees (the 19 "Court Guidelines").

20 21 Pursuant to this First Interim Application, PPA seeks interim approval and 22 allowance of $24,000.00 in fees accrued for services rendered in connection with the case by 23 PPA on behalf of the Committee during the First Application Period. PPA also seeks interim by PPA on behalf of the 24 approval and allowance of $16.12 in costs and expenses incurred 25 Committee during that same period. Accordingly, pursuant to this First Interim Application, 26 PPA seeks allowance of a total of $24,016.12 for services rendered and reimbursement of costs 27 and expenses incurred. PPA to date has received payment of fees in the amount of $15,300.00 and reimbursement of expenses in the amount of $16.12 on account of the Monthly Cover Sheet 28 LA 1:#6228160v3 First Interim Application for Allowance and Payment of Compensation

I Applications covering the period of August 1, 2001 through November 30, 2001, leaving a 2 balance due of $8,700.00. The services performed and costs and expenses incurred during the 3 First Application Period are summarized below.

To grant a request for compensation pursuant to Bankruptcy Code section 330, the Court must find that such request is reasonable. PPA has entered into a contract with the 6 Committee to provide services at a fixed rate of $6,000.00 per month. PPA's employment under these terms has been approved by the Court. PPA has provided daily monitoring and periodic 8 briefing in order to advise the Committee in the course of this chapter 11 case, including the following:

10 11 (a) PPA has identified, reviewed, summarized, monitored and gathered 12 information on all relevant legislation during both the regular and special legislative sessions.

13 PPA has provided the Committee with regular reports on the status of this legislation, as well as 14 legislative amendments, administrative proposals, legislative meetings and hearings, press 15 conferences, stakeholder meetings and upcoming legislative and administrative events. PPA has 16 provided the Committee with copies of all relevant legislation, legislative amendments, analyses, 17 position papers, administrative data and proposals, and press releases.

18 (b) PPA has attended legislative and administrative meetings and hearings, 19 stakeholders meetings, and press conferences for the Committee and has met with a number of 20 legislators, legislative and administrative staff on behalf of the Committee. PPA has developed 21 and maintained ongoing contacts with key legislators, legislative and administrative staff and 22 stakeholders for the Committee.

23 24 (c) PPA has provided the Committee with political and strategic analyses and 25 evaluations relating to relevant information gathered and presented to the Committee. PPA has 26 given its prognosis on the likelihood of a particular bill's passage and a description of the 27 political forces likely to impact proposed legislation.

28 (d) PPA participates in all related Committee meetings and conference calls LA 1:#6228160v3 First Interim Application for Allowance and Payment of Compensation

1 upon request and has responded to all tCommittee requests.

2 For the reasons set forth above and pursuant to Bankruptcy Code sections 330 and 3 331, Bankruptcy Rule 2016, the Court Guidelines, the UST Guidelines and the standards adopted 4 by courts in awarding fees and costs, PPA submits that the fees for services rendered and costs 5 and expenses incurred on behalf of the Committee during the First Application Period in the total 6 amount of $24,016.12 are reasonable and should be allowed on an interim basis and paid in full.

7 8 No agreement or understanding of any kind or nature exists between PPA and any 9 other person or entity for the sharing, division, or payment of any portion of the compensation 10 awarded to PPA for services rendered or expenses incurred in connection with PPA's 11 representation of the Committee in the bankruptcy case, except as among the partners, associates 12 and employees of PPA.

13 WHEREFORE, PPA respectfully requests that this Court enter an order:

14 15 Approving this First Interim Application in its entirety.

16 Approving an interim award of compensation in the amount of $24,000.00 for 17 professional services rendered and in the amount of $16.12 as reimbursement of costs and 18 expenses incurred, for a total award of $24,016.12.

19 20 Authorizing and directing PG&E to immediately pay to PPA the allowed 21 amounts, less any such amounts already paid pursuant to the Amended Order Establishing 22 Interim Fee Application and Expense Reimbursement Procedure.

23 Granting such other and further relief as the Court deems just and proper.

24 DATED: January 1_,

2002 25 PUBLIC POLICY ADVOCATES LLC 26 27 By: [2[

Fred Taugher 28 LA1 :#62 28160v3 First Interim Application for Allowance and Payment of Compensation

1 CERTIFICATION 2

3 I, Fred Taugher, am the professional designated by PPA to ensure compliance for 4 with the United States Bankruptcy Court Northern District of California Guidelines I

5 Compensation and Expense Reimbursement of Professionals and Trustee ("Court Guidelines").

6 certify that (a) I have read the First Interim Application; (b) to the best of my knowledge, 7 information and belief, formed after reasonable inquiry, the compensation and expense noted in 8 reimbursement sought is in conformity with the Court Guidelines, except as specifically at 9 the Application; and (c) the compensation and expense reimbursement requested are billed employed 10 rates, in accordance with the firm's practice, no less favorable than those customarily 11 by PPA and generally accepted by PPA's clients.

12 DATED: January 11, 2002 . 1 __.

Fred Tlaugt r 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAI :#6228160v3 -4 First Interim Application for Allowance and Payment of Compensation

1 DECLARATION OF FRED TAUGHER 2

3 I, Fred Taugher, declare:

4

1. I am a member of Public Policy Advocates LLC ("PPA"), the Legislative 5

Activities Consultant to the Official Committee of Unsecured Creditors (the "Committee")

6 appointed in the above-captioned chapter 11 case of Pacific Gas and Electric Company, Debtor 7

and Debtor in Possession ("PG&E" or the "Debtor"). Except as otherwise stated, I have personal 8

knowledge of the facts set forth below, and if called upon, I could and would testify based upon 9

such personal knowledge to the facts set forth herein. I make this declaration in support of the 10 First Interim Application of Public Policy Advocates LLC for Allowance and Payment of 11 Compensation and Reimbursement of Expenses for the Period of August 1, 2001 through 12 November 30, 2001 ("First Interim Application").

13 14 2. Pursuant to this First Interim Application, PPA seeks interim approval and 15 allowance of $24,000.00 in fees accrued for services rendered in connection with the case by 16 PPA on behalf of the Committee during the First Application Period. PPA also seeks interim 17 approval and allowance of $16.12 in costs and expenses incurred by PPA on behalf of the 18 Committee during that same period. Accordingly, pursuant to this First Interim Application, 19 PPA seeks allowance of a total of $24,016.12 for services rendered and reimbursement of costs 20 and expenses incurred. PPA to date has received payment of fees in the amount of $15,300.00 21 and reimbursement of expenses in the amount of $16.12 on account of the Monthly Cover Sheet 22 Applications covering the period of August 1, 2001 through November 30, 2001, leaving a 23 balance due of $8,700.00. The services performed and costs and expenses incurred during the 24 First Application Period are summarized below.

25 3. PPA has entered into a contract with the Committee to provide services at 26 a fixed rate of $6,000.00 per month. PPA's employment under these terms has been approved by 27 the Court. PPA has provided daily monitoring and periodic briefing in order to advise the 28 Committee in the course of this chapter 11 case, including the following:

LAI :#6228160v3 First Interim Application for Allowance and Payment of Compensation

1 (a) PPA has identified, reviewed, summarized, monitored and gathered 2 information on all relevant legislation during both the regular and special legislative sessions.

3 PPA has provided the Committee with regular reports on the status of this legislation, as well as 4 legislative amendments, administrative proposals, legislative meetings and hearings, press 5 conferences, stakeholder meetings and upcoming legislative and administrative events. PPA has 6 provided the Committee with copies of all relevant legislation, legislative amendments, analyses, 7 position papers, administrative data and proposals, and press releases.

8 (b) PPA has attended legislative and administrative meetings and hearings, stakeholders meetings, and press conferences for the Committee and has met with a number of 10 legislators, legislative and administrative staff on behalf of the Committee. PPA has developed and maintained ongoing contacts with key legislators, legislative and administrative staff and 12 stakeholders for the Committee.

13 14 (c) PPA has provided the Committee with political and strategic analyses and 15 evaluations relating to relevant information gathered and presented to the Committee. PPA has 16 given its prognosis on the likelihood of a particular bill's passage and a description of the 17 political forces likely to impact proposed legislation.

18 (d) PPA participates in all related Committee meetings and conference calls 19 upon request and has responded to all Committee requests.

20 21 4. No agreement or understanding of any kind or nature exists between PPA 22 and any other person or entity for the sharing, division, or payment of any portion of the with 23 compensation awarded to PPA for services rendered or expenses incurred in connection 24 PPA's representation of the Committee in the bankruptcy case, except as among the partners, 25 associates and employees of PPA.

26 27 28 LAI :#6228160v3

-6 First Interim Application for Allowance and Payment of Compensation

1 I declare under penalty of perjury under the laws of the United States of America 2

that the foregoing is true and correct.

3 4 Executed this/l day of January 2002 at Sacramento, California.

5 4F D TAUG-HER 6

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-7 First Interim Application for Allowance and Payment of Compensation