ML021020026
| ML021020026 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/26/2002 |
| From: | Levine B Pacific Gas & Electric Co, The Brattle Group |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML021020026 (5) | |
Text
The Brattle Group, Inc.
44 Brattle Street Cambridge, MA 94105 Telephone: (617)864-7900 Facsimile: (617)864-1576 Consultants for the Debtor 6, !
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In Re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Federal I.D. No. 94-0742640 Case No. 01-30923 DM Chapter 11 Case (No Hearing Scheduled) 7 8
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6 THE BRATTLE GROUP, INC.'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD FEBRUARY 1, 2002 THROUGH FEBRUARY 28, 2002 The Brattle Group, Inc. (the "Firm") submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period February 1, 2002 through February 28, 2002 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
I.
The Firm is consultant to the Pacific Gas and Electric Company, debtor and debtor-in-possession in the above-referenced bankruptcy case ("Debtor"). The 171e`ýl
Firm hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during the Application Period.
- 2.
The Firm was engaged by the Debtor pursuant to a Retention Agreement dated September 20, 2001' to render services relating to Debtor's Plan of Reorganization. During the Application Period, the Firm billed a total of
$31,877.29 in fees (representing 121.4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> expended) and expenses2 on this retention. These fees and expenses break down as follows:
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'The Retention Agreement was thereafter amended by letter agreement to provide for a calendar year 2002 maximum budget and to add additional consultants to the engagement.
2A credit has been included on the invoice for this period for a "supplies" charge that had been incorrectly included on the Firm's invoice for its October 2001 services.
3Payment of this amount would result in a "holdback" of $4,054.13.
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- 3.
Accordingly the Firm seeks allowance of interim compensation in the total amount of $23,856.67 at this time. This total is comprised as follows: $22,973.38 (85% of the fees for services rendered during the Application Period)3 plus
$883.29 (100% of the expenses incurred during this period).
- 4.
On this retention, the Firm has been paid to date as follows:
Application Period Amount Applied For Description Amount Paid 9/20/01 - 9/30/01
$39,719.68 85% of fees and
$39,719.68 100% of expenses 10/1/01 - 10/31/01
$381,566.07 85% of fees and
$381,566.07 100% of expenses
0 1
11/1/01 - 11/31/01
$199,299.38 85% of fees and
$199,299.38 2
100% of expenses 3
12/1/01 - 12/31/01
$4,258.46 85% of fees and
$4,258.46 4
100% of expenses 5
1/1/02 - 1/31/02
$8,864.88 85% of fees and
$8,864.88 6
100% of expenses 7
TOTAL
$633,708.47 TOTAL
$633,708.47 8
- 5.
To date, for its services relating to Debtors Plan of Reorganization, the Firm is 9
owed as follows (excluding amounts owed pursuant to this Application).
10 11 Application Period Amount Description 9/20/01 - 9/30/01
$6,826.69 15% fee holdback 10/1/01 - 10/31/01
$62,855.06 15% fee holdback 13
$3333 11/1/01 - 11/31/01
$33,303.38 15% fee holdback 14 12/1/01 - 12/31101
$600.94 15% fee holdback 15 1/1/02 - 1/31/02
$1,477.31 15% fee holdback 16 TOTAL
$105,063.38 17 18
- 6.
With regard to the copies of this Application served on counsel for the 19 Committee, counsel for the Debtor and the Office of the United States Trustee, 20 attached as Exhibit 1 hereto is the name of each professional who performed
.21 services in connection with this case during the period covered by this 22 Application and the hourly rate for each such professional; and (b) attached as 23 Exhibits 2-1 and 2-2 are the detailed time and expense statements for the 24 Application Period that comply with all Northern District of California 25 Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the 26 Office of the United States Trustee.
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- 7.
The Firm has served a copy of this Application (without Exhibits) on the Special 28 Notice List in this case.
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- 8.
Pursuant to this Court's 'ORDER ESTABLISHING INTERIM FEE 2
APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" as 3
amended on or about November 8, 200 1, the Debtor is authorized to make the 4
payment requested herein without a further hearing or order of this Court unless 5
an objection to this Application is filed with the court by the Debtor, the 6
Committee, or this United States Trustee and served by the fifteenth day of the 7
month following the service of this Application. If such an objection is filed, 8
Debtor is authorized to pay the amounts, if any, not subject to the objection. The 9
Firm is informed and believes that this Cover Sheet application was mailed by 10 first class mail, postage prepaid, on or about March 31, 2002.
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- 9.
The interim compensation and reimbursement of expenses sought in this 12 Application is on account and is not final. Upon conclusion of this case, the Firm 13 will seek fees and reimbursement of the expenses incurred for the totality of the 14 services rendered in the case. Any interim fees or reimbursement of expenses 15 approved by this Court and received by the Firm will be credited against such 16 final fees and expenses as may be allowed by this Court.
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- 10.
The Firm represents and warrants that its billing practices comply with all 18 Northern District of California Bankruptcy Local Rules and Compensation 19 Guidelines and the Guidelines of the Office of the United States Trustee. Neither 20 the Firm nor any members of the Firm has any agreement or understanding of any 21 kind or nature to divide, pay over, or share any portion of the fees or expenses to 22 be awarded to the Firm With any other person or attorney except as among the 23 members and associates of the Firm.
24 25 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 26 Firm as requested herein pursuant to and in accordance with the terms of the 'ORDER 27 ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT 28 4
PROCEDURE."
Dated:,11*zr4 7AP, 2,Oz-The Brattle Group, Inc.
By:
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Consultants to Pacific Gas & Electric Co.