ML021330251

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the Brattle Group, Inc.'S Amended Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period February 1, 2002 Through February 28, 2002
ML021330251
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 04/29/2002
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: ML021330251 (5)


Text

1 The Brattle Group, Inc.

2 44 Brattle Street Cambridge, MA 94105 3 Telephone: (617)864-7900 Facsimile: (617)864-1576 4

5 Consultants for the Debtor 6

7 UNITED STATES BANKRUPTCY COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 Case No. 01-30923 DM 11 In Re Chapter 11 Case 12 PACIFIC GAS AND ELECTRIC (No Hearing Scheduled) 13 COMPANY, a California corporation, 14 Debtor.

15 16 Federal I.D. No. 94-0742640 17 18 THE BRATTLE GROUP, INC.'S AMENDED COVER SHEET APPLICATION 19 FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 20 AND REIMBURSEMENT OF EXPENSES 21 FOR THE PERIOD FEBRUARY 1, 2002 THROUGH FEBRUARY 28,2002 22 23 The Brattle Group, Inc. (the "Firm") submits its Amended Cover Sheet Application (the of 24 "Application") for Allowance and Payment of Interim Compensation and Reimbursement Period").

25 Expenses for the Period February 1, 2002 through February 28, 2002 (the "Application 26 In support of the Application, the Firm respectfully represents as follows:

27 28 1. The Firm is consultant to the Pacific Gas and Electric Company, debtor and The debtor-in-possession in the above-referenced bankruptcy case ("Debtor").

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1 Firm hereby applies to the Court for allowance and payment of interim 2 compensation for services rendered and reimbursement of expenses incurred 3 during the Application Period.

4 2. The Firm was engaged by the Debtor pursuant to a Retention Agreement dated 5 September 20, 20011 to render services relating to Debtor's Plan of 6 Reorganization. During the Application Period, the Firm billed a total of 2

7 $27,864.29 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 expenses on this 8 retention. These fees and expenses break down as follows:

9 10 Period Fees Expenses Total 11 2/1/2002 - 2/28/2002 $26,981.00 $883.29 $27,864.29 12 13 3. Accordingly the Firm seeks allowance of interim compensation in the total 14 amount of $23,817.14 at this time. This total is comprised as follows:

Application Period) 3 15 $22,933.85 (85% of the fees for services rendered during the 16 plus $883.29 (100% of the expenses incurred during this period).

17 4. On this retention, the Firm has been paid to date as follows:

18 Application Period Amount Applied For Description Amount Paid 19 9/20/01 - 9/30/01 $39,719.68 85% of fees and $39,719.68 20 100% of expenses 10/1/01 - 10/31/01 $381,566.07 85% of fees and $381,566.07 21 22 100% of expenses 23 24 IThe Retention Agreement was thereafter amended by letter agreement to provide for a calendar year 2002 25 maximum budget and to add additional consultants to the engagement.

26 2A credit has been included on the invoice for this period for a "supplies" charge that had been incorrectly 27 included on the Firm's invoice for its October 2001 services.

28 3Payment of this amount would result in a "holdback" of $4,054.13.

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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 TOTAL $633,708.47 TOTAL $633,708.47 7

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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 Application Period Amount Description 11 9/20/01 - 9/30/01 $6,826.69 15% fee holdback 12 10/1/01 - 10/31/01 $62,855.06 15% fee holdback 13 11/1/01 - 11/31/01 $33,303.38 15% fee holdback 14 15% fee holdback 12/1/01 - 12/31/01 $600.94 15 $1,477.31 15% fee holdback 1/1/02 - 1/31/02 16 TOTAL $105,063.38 1 _ _ _ _ _

17 18 6. With regard to the copies of this Amended 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 Exhibit 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 Office of the United States Trustee.

26 on 27 7. The Firm has served a copy of this Amended Application (without Exhibits) 28 the Special Notice List in this case.

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1 8. Pursuant to this Court's 'SECOND AMENDED ORDER ESTABLISHING 2 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT to make the 3 PROCEDURE" dated February 24, 2002, the Debtor is authorized Court unless 4 payment requested herein without a further hearing or order of this the 5 an objection to this Application is filed with the court by the Debtor, day of the 6 Committee, or this United States Trustee and served by the fifteenth 7 month following the service of this Application. If such an objection is filed, objection. The 8 Debtor is authorized to pay the amounts, if any, not subject to the was mailed by 9 Firm is informed and believes that this Cover Sheet application 10 first class mail, postage prepaid, on or about April 30, 2002.

in this 11 9. The interim compensation and reimbursement of expenses sought of this 12 Amended Application is on account and is not final. Upon conclusion incurred for the 13 case, the Firm will seek fees and reimbursement of the expenses or reimbursement of 14 totality of the services rendered in the case. Any interim fees credited against 15 expenses approved by this Court and received by the Firm will be 16 such final fees and expenses as may be allowed by this Court.

with all 17 10. The Firm represents and warrants that its billing practices comply 18 Northern District of California Bankruptcy Local Rules and Compensation Trustee. Neither 19 Guidelines and the Guidelines of the Office of the United States of any 20 the Firm nor any members of the Firm has any agreement or understanding fees or expenses to 21 kind or nature to divide, pay over, or share any portion of the as among the 22 be awarded to the Firm with any other person or attorney except 23 members and associates of the Firm.

24 pay compensation to the 25 WHEREFORE, the Firm respectfully requests that the Debtor of the "AMENDED 26 Firm as requested herein pursuant to and in accordance with the terms AND EXPENSE 27 ORDER ESTABLISHING INTERIM FEE APPLICATION 28 REIMBURSEMENT PROCEDURE."

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. April 2002 The Brattle Group, Inc.

1 Dated:

2 3 By:

4 Barbara J. Leve, General Counsel Consultants to Pacific Gas & Electric Co.

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