ML020580358

Application for Final Allowance of Expense Requests by Official Unsecured Creditors Committee Members for the Period of August 1, 2001 Through November 30, 2001; Declaration of Robert Jay Moore in Support Thereof

ML020580358
Person / Time
Site:	Diablo Canyon
Issue date:	01/11/2002
From:	Aronzon P Milbank, Tweed, Hadley & McCloy, LLP
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM
Download: ML020580358 (10)

Text

1 Paul S. Aronzon (#88781)

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

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

Counsel for Official Committee 6 of Unsecured Creditors 7

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UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 11 12 13 In re Case No. SF 01-30923 DM 14 PACIFIC GAS AND ELECTRIC Chapter 11 15 COMPANY, a California corporation, 16 APPLICATION FOR FINAL Debtor.

ALLOWANCE OF EXPENSE 17 REQUESTS BY OFFICIAL UNSECURED CREDITORS 18 COMMITTEE MEMBERS FOR THE 19 PERIOD OF AUGUST 1, 2001 THROUGH NOVEMBER 30, 2001; 20 DECLARATION OF ROBERT JAY 21 MOORE IN SUPPORT THEREOF 22 Hearing:

23 Date: February 26, 2002 Time: 9:30 a.m. d 24 Place: 235 Pine Street, 22' Floor San Francisco, CA 25 26 27 28 / /1

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1 I. INTRODUCTION 2 Pursuant to 11 U.S.C. §503(b)(3)(F) and the Court's Amended Order 3 Establishing Interim Fee Application and Expense Reimbursement Procedure ("Order")

4 entered on November 8, 2001, members ("Committee Members") of the Official 5 Committee of Unsecured Creditors ("Committee") in the Pacific Gas and Electric 6 Company ("PG&E") bankruptcy case hereby submit their application for final 7 allowance of expenses for the period of August 1, 2001 through November 30, 2001 8 incurred in performance of their obligations as members of the Committee. The 9 following table provides a summary of each Committee Member's expense 10 reimbursement requests and payment history:

11 Cumulative Amount Cumulative Amount 12 Requested Paid Creditor Committee Member 13 Bank of America, N.A. $6,665.47 $3,773.281 Pacific Investment Management $1,862.18 $1,862.18 14 Company, LLC The Davey Tree Expert Company $6,698.83 $6,698.83 Dynegy Power Marketing Inc. $9,623.70 $7,740.10 15 $1,299.83 $0.00 Reliant Energy Services, Inc.

GWF Power Systems $0.00 $0.00 16 $2,825.70 $2,825.70 Merrill Lynch PE-Berkeley, Inc. $606.09 $606.09 17 $589.74 $589.74 City of Palo Alto State of Tennessee $8,407.79 $7,151.79 18 Morgan Guaranty $2,950.78 $2,950.78 2 $9,280.02 $9,280.02 Enron Corp. & Affiliates 19 Total $50,810.13 $43,478.51 20 Expense reimbursement requests are comprised of travel costs, including 21 airfare, hotel, meals and transportation charges, incurred by Committee Members in 22 connection with attendance at in-person meetings, typically in San Francisco, of the full 23 Committee, any subcommittee in which a Committee Member participates, the Plan 24 Working Group, or any other meeting between the Committee Member and PG&E 25 26 I Reflects payment request of $3.00 for underpayment from previous period.

27 2 Removed from the Committee by the U.S. Trustee on or about November 9, 2001.

28 LA1 :#6227641v2 1 relating to the Committee Member's duties as a member of the Committee. Committee 2 Members are required routinely to travel to San Francisco from other locations, 3 including New York, Texas, Tennessee and Los Angeles. The requested travel expenses 4 thus have been necessarily incurred by Committee Members in fulfilling the 5 Committee's statutory functions.

6 II. THE COURT SHOULD APPROVE THE REQUESTED EXPENSES 7 11 U.S.C. §503(b) provides, in pertinent part:

After notice and a hearing, there shall be allowed 8 administrative expenses, other than claims allowed under 9 section 502(f) of this title, including 10 (3) the actual, necessary expenses, other than 11 compensation and reimbursement specified in paragraph (4) of this subsection, incurred by 12 13 (F) a member of a committee appointed under section 1102 of this title, if such expenses are 14 incurred in the performance of the duties of such committee.

15 Copies of the monthly "Submission of Expense Requests by Official 16 Unsecured Creditors Committee" ("Submissions") were previously filed with this Court 17 3 on September 28, 2001, November 2, 2001, November 29, 2001 and January 2, 2002.

18 Attached to the Submissions were Expense Reimbursement Request forms signed by 19 each Committee Member under penalty of perjury confirming the accuracy of the 20 expenses set forth therein and a brief description of the meetings for which the expenses 21 were incurred. Copies of additional Expense Reimbursement Request forms not 22 previously filed with the Court, but included in this Application, are attached to the 23 Declaration of Robert Jay Moore.

24 The expenses consist of travel costs incurred by Committee members in 25 26 3 The Committee's counsel sent the November 2, 2001 Submission and January 2, 2002 Submission by overnight mail to the Court to arrive by October 31, 2001 and December 31, 2001 27 respectively. However, the Court did not date stamp these documents until two days later in 28 each case. These documents were timely served.

LAI :#6227641v2 I connection with their attendance at numerous meetings of the Committee and meetings 2 between the Committee and the Debtor, as set forth in each Expense Reimbursement 3 Request form. Moreover, litigation, legislative and financial subcommittees, as well as 4 a plan working group, were formed. These smaller groups met on a more frequent basis.

5 Often, meetings were conducted by telephone, when appropriate, in order to save travel 6 expenses.

7 The agenda items at these meetings consisted of issues that are central to 8 this bankruptcy case and, accordingly, central to the fulfillment of the Committee's 9 statutory functions, including, among many others, discussions and analysis of 10 (1) PG&E's operations and its assets and liabilities; (2) Qualified Facilities issues; 1 (3) numerous contested matters and relief from stay issues; (4) adversary proceedings 12 filed in the case; (5) CPUC and FERC proceedings; (6) legislative developments; 13 (7) financing issues; and (8) plan of reorganization and disclosure statement issues.

14 Accordingly, the expenses incurred by Committee Members in connection 15 with attendance at the above-described meetings were necessary to enable the 16 Committee to fulfill its functions.

17 18 19 20 21 22 23 24 25 26 27 28 LAI :#622764Iv2 1 III. CONCLUSION 2 In accordance with 11 U.S.C. §503(b)(3)(F) and the procedures set forth in 3 paragraph 5 of the Order, the Committee respectfully requests that the Court approve the 4 expense reimbursements requested by the Committee members in the amounts set forth 5 in the chart above under the column "Cumulative Amount Requested" on a final basis.

6 DATED: January &, 2002 7

MILBANK, TWEED, HADLEY & McCLOY 8 LLP 9

By:

10 Paul S. Aronzon Robert Jay Moore 11 Michael I. Sorochinsky 12 Attorneys for the Official Committee of Unsecured Creditors 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LA1 :#6227641v2 1

DECLARATION OF ROBERT JAY MOORE 2

3 I, Robert Jay Moore, declare as follows:

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1. I am a partner at Milbank, Tweed, Hadley & McCloy LLP, counsel to 5

the Official Committee of Unsecured Creditors ("Committee") in the Pacific Gas and 6

Electric Company ("PG&E") bankruptcy case. Except as otherwise stated, I have 7

personal knowledge of the facts set forth below, and if called upon, I could and would 8

testify based upon such personal knowledge to the facts set forth herein. I make this 9

declaration in support of the Application for Final Allowance of Expense Requests by 10 Official Unsecured Creditors Committee Members for the Period of August 1, 2001 11 through November 30, 2001. All capitalized terms herein have the same meaning as in 12 the Application.

13 14 2. Attached hereto as Exhibit "A" are true and complete copies of the 15 Expense Reimbursement Request forms for individual Committee Members for the 16 period of August 1, 2001 through August 31, 2001 that were not included in the 17 Submissions filed with this Court on September 28, 2001.

18 19 20 21 22 23 24 25 26 27 28 LA1 :#6227641v2 1 3. I attended numerous meetings of the Committee, the formed 2 Subcommittees established with respect to litigation, financial and regulatory and 3 legislative matters, the Plan Working Group, and other meetings involving the 4 Committee and PG&E. The topics discussed at the meetings that I attended were too 5 numerous to list here in their entirety, but generally included discussions and analysis of 6 (1) PG&E's operations and its assets and liabilities; (2) Qualified Facilities issues; 7 (3) numerous contested matters and relief from stay motions; (4) adversary proceedings 8 filed in the case; (5) CPUC and FERC proceedings; (6) legislative developments; 9 (7) financing issues; and (8) plan of reorganization and disclosure statement issues.

10 When appropriate, meetings have been conducted by telephone in order to avoid travel 11 expenses.

12 I declare under penalty of perjury under the laws of the United States of 13 America that the foregoing is true and correct.

14 15 Executed this //tay of January 2002 at Los Angeles, California.

16 /9V7ý Rober(Jay Moore 17 18 19 20 21 22 23 24 25 26 27 28 LA1 :#6227641v2 EXHIBIT A JAN 08 2002 11:14 FR SAG-LA m 213 228 6004 TO 96295063 P. 02/03 SEP 19 2001. 14:i5U ri< HHNK U?- HI-Itr!A'..r1 wun'%. ...nat j n -- --- --

Pacific Gas and Diectrip Company, Case No. 01309M2 Creditor Committee Expense Rehnbursement Request Committee Member E.J. (Pats) Joost MD For Month Ending: August 31. 2001 Amomnt Air bansport8tlo $ 2.080.50 Hotels $ 307.21 Meals.Travel S S9.80 Meals-worcng Ol¢trtansporlation S 70,18 parFjng S 40,00 Long ltAnee tlephome Pttobcotes Faxes Outgoin Incoming Postage Delivery servi Other Total Reimbursement Request S ZST-69 PhiefSummine f Tfael- kMncgna Qwofemnws (By tip, Indude datuI Of tr'vl and purpose. If more than one person is traveling, Idenlf the pecan by name and poition.]

Amtd a sumrnasy If additonal apaoe is needed.

Cerfiication of Arnonti(s) Received from Pacific Gas and Electric Company I declare under aPnltyof Peiury I have revlewed the above summary and after making renonable Inquiry believe ofis documont is acwrate.

Date Submitted 01912001 Member's Signalure Membent Name:

Members Posit=y. Back.up to larg Strand, Co-Chair Memnber's Company. Bank of America

• • TOTAL PROE.-0 *$

ACCOUNT: PACIFIC GAS & ELECTRIC zm r)

TRAVELER TRIP MEETING GROUND AIRFARE LODGING MEALS MISC. OTHER ru NAME DATE LOCATION PARKING TRAVEL TRAVEL EXPENSES Subtotals Joost, Pete* 818-9/01 San Francisco $ 40.00 $ 70.18 $2,080.50 $ 307.21 $ 59.80 $ 2,55769 I-n "11 co

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Nj Mk 0o TOTALS $ 40.00 $ 70.18 $2,080.50 $ 307.21 $ 59.80 $ $T'otal Due 2,557.69I Expenses were incurredfor meetings with attorneys and PG&E representatives; sessions in bankruptcy court; Creditors Committee Meetings

• Back-up to Committee Co-Chair, Clara Strand

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