ML021330469
| ML021330469 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/26/2002 |
| From: | Edmunds M Deloitte & Touche, Pacific Gas & Electric Co |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML021330469 (7) | |
Text
Mark A. Edmunds 1
Deloitte & Touche LLP 50 Fremont Street 2
San Francisco, CA 94121 Telephone: (415) 783-4000 3
Facsimile: (415) 783-4708 4
Independent Auditor, Accountant, Tax Advisor and Consultant to 5
Debtor and Debtor in Possession Pacific Gas and Electric Company 6
7 8
UNITED STATES BANKRUPTCY COURT 9
NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION In re No. 01-30923 DM 12 PACIFIC GAS AND ELECTRIC Chapter 11 Case 13 COMPANY, a California Corporation, DELOITTE & TOUCHE LLP'S COVER 14 Debtor.
SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF 15 Federal I.D. No. 94-0742640 INTERIM COMPENSATION (FOR SERVICES RENDERED PURSUANT TO 16 SUPPLEMENTAL EMPLOYMENT APPLICATION FROM OCTOBER 1. 2001, 17 TO MARCH 31, 2002) 18 1 [No Hearing Scheduled]
19 20 Deloitte & Touche LLP (the "Firm") submits this Cover Sheet Application for Allowance 21 and Payment of Interim Compensation ("Application") for services provided during the period 22 from October 1, 2001, to March 31, 2002 ("Application Period"). In support of the Application, 23 the Firm respectfully represents as follows:
24
- 1. The Firm is Independent Auditor, Accountant, Tax Advisor, and Consultant to Debtor 25 Pacific Gas & Electric Company ("Debtor"). On July 10, 2001, the Firm's retention in this 26 capacity was approved nunc pro tunc, effective April 6, 2001. On April 11, 2002, the firm's 27 employment to audit financial statements being prepared for four entities that would succeed to 28 DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM
./
COMPENSATION (FOR SERVICES RENDERED PURSUANT ef ol* 0*-
"e TO SUPPLEMENTAL EMPLOYMENT APPLICATION FROM OCTOBER i. 2001, TO MARCH 31. 2002)
1 Debtor's business assets upon confirmation of Debtor's 2
("Supplemental Services") was approved nunc pro tunc 3
Application, the Firm is applying to the Court for allow 4
compensation for Supplemental Services rendered dun 5
- 2. Net of $62,503.50 in fees requested via the F 6
for interim compensation, the Firm billed $1,643,315.5' 7
hours expended) (hereinafter "Hourly Fees") during the 8
include $855,000 billed during the Application Period 9
reporting on Debtor's consolidated financial statement, 10 information for the 2001 fiscal year ["Base Audit Fee"]
11 Firm's employment authorized Debtor to pay the earne 12 receipt of monthly invoices from the Firm, and the Bas 13 the Firm in accordance with that order.) The Hourly F 14 Application are for Supplemental Services and are sho' 15 16 Period Hourly Fees 17 10/1/01 to 3/31/02
$1,643,315.50 18
- 3. The Firm seeks payment of a total of $1,39(
19 Hourly Fees billed for Supplemental Services renderec 20 2002.3 21
- 4. For the post-petition period, the Firm has b 22 23 1 A copy of the April 11, 2002, order approving the Firn 24 Services is attached as Exhibit 1.
2 As explained in the Firm's only previous cover sheet a 25 reimbursement of expenses, filed in March 2002. that appl charges related to the Supplemental Services.
26 3 Payment of this amount would result in a "holdback" (
27 28 DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED PURSUANT TO SUPPLEMENTAL EMPLOYMENT APPLICATION FROM OCTOBER 1, 2001, TO MARCH 31, 2002) proposed reorganization plan
,effective October 1, 2001.' By this ance and payment of interim ng the Application Period.2.
irm's previous "cover sheet" application 0 in hourly fees (representing 7075.7 Application Period. (These sums do not as the Firm's base fee for auditing and and reviewing interim financial
]. The July 10, 2001, order approving the d portion of the Base Audit Fee upon e Audit Fee has previously been paid to ees which are the subject of this wn as follows:
Total
$1,643,315.50
,818.18 at this time. This is 85 % of the I from October 1, 2001, through March 31, een paid to date as follows:
I's employment to provide the Supplemental pplication for interim compensation and ication did not include any of the Firm's
)f S246.497.33.
Application Period Amount Applied For Description Amount Paid 4/7/01 to 2/28/02
$62,573.90 90% (85% after July
$54,331.45
- 31) of $62,503.50 in hourly fees and 100%
of $70.40 in expenses,
- 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application).
8 9
Application Period Amount 10 10/1/01 to 2/28/02
$8,242.45 11 12 13 14 15
- 6. Attached as Exhibits 2 and 3, respectively, 16 counsel for the Official Committee of Unsecured Cred 17 the United States Trustee are (i) a list of the names an 18 who performed services for which compensation is so 19 time statements for the Application period that compl:
20 Bankruptcy Local Rules and Compensation Guideline 21 United States Trustee.
22
- 7. The Firm has served a copy of this Applicai 23 Notice List for this case. (Only the parties referred to 24 the copies served on other parties did not include thos 25
- 8. Pursuant to this Court's Amended Order Es 26 Expense Reimbursement Procedure, entered on Novei 27 to make the payment requested herein without further 28 DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM CONIPENSATION (FOR SERVICES RENDERED PURSUANT TO SUPPLEMENTAL EMPLOYMENT APPLICATION FROM OCTOBER 1. 2001. TO MARCH 31. 2002)
Description 10% (15% after July 31) holdback of fees requested by the Firm's first "cover sheet" application to the copies of this Application served on Litors, counsel for Debtor, and the Office of i hourly billing rates of each professional ught by this Application and (ii) detailed y with all Northern District of California s and the Guidelines of the Office of the tion on each person shown on the Special in paragraph 6 received Exhibits 2 and 3; e exhibits.)
- tablishing Interim Fee Application and mber 8. 2001, the Debtor will be authorized hearing or order unless an objection to this 1
2 3
4 5
6 7
1 Application is filed with the court by the Debtor, the Committee, or the United States Trustee and 2
served by the fifteenth day of the month following the service of this Application. If such an 3
objection is filed. Debtor will be authorized to pay the amounts, if any, not subject to the 4
objection. The Firm is informed and believes that this Application was mailed to all persons 5
shown on the Special Notice List by first class mail, postage prepaid, on April 25, 2002.
6
- 9. The compensation sought by this Application is on account and not final. At the 7
conclusion of this case, the Firm will seek fees and reimbursement of expenses incurred for the 8
totality of its employment in this case. Any interim fees or reimbursement of expenses approved 9
by the court and received by the Firm (along with any retainer paid to the Firm) will be credited 10 against such final fees and expenses as may be allowed by the court.
11
- 10. The Firm represents and warrants that its billing practices comply with all Northern 12 District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines 13 of the Office of the United States Trustee. Neither the Firm nor any member of the Firm has any 14 agreement or understanding of any kind or nature to divide, pay over or share any portion of the 15 fees or expenses awarded to the Firm with any other person or entity other than members and 16 associates of the Firm.
17 WHEREFORE, the Firm respectfully requests that Debtor pay compensation to the Firm 18 as requested herein pursuant to and in accordance with the terms of the Amended Order 19 Establishing Interim Fee Application and Expense Reimbursement Procedure.
20 Dated: April 26, 2002 DELOITTE & TOUCHE LLP 22 23 Mark Edmunds, Partner Independent Auditor, Accountant, Tax 24 Advisor and Consultant to Debtor Pacific Gas and Electric Company 25 26 27 28 DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION 4
FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED PURSUANT TO SUPPLEMENTAL EMPLOYMENT APPLICATION FROM OCTOBER 1, 2001, TO MARCH 31, 2002)
1 PROOF OF SERVICE 2
I am over the age of 18, and I am employed at the offices of Deloitte & Touche LLP, located at 50 Fremont Street, San Francisco, California.
3 On April 26, 2002, 1 served the foregoing DELOITTE & TOUCHE LLP'S COVER 4
SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED PURSUANT TO SUPPLEMENTAL 5
EMPLOYMENT APPLICATION FROM OCTOBER 1, 2001, TO MARCH 31, 2002) by (1) depositing true and correct copies thereof in the United States Mail at San Francisco, 6
California, in sealed envelopes with first class postage thereon fully prepaid. addressed to each party shown on the attached list and (2) by sending true and correct copies via Federal Express, 7
for overnight delivery, with charges fully prepaid, to each of the following three addressees 4:
8 James L. Lopes Howard, Rick, Nemerovski,Canady, Falk & Rabkin 9
Three Embarcadero Center, 7t" Floor San Francisco, CA 94111 10
[Counsel for Pacific Gas and Electric Company]
11 Stephen Johnson Office of the U.S. Trustee 12 250 Montgomery Street, Suite 1000 San Francisco, CA 94104-3401 13
[United States Trustee]
Robert J. Moore 14 Paul S. Aronzon Milbank, Tweed, Hadley & McCloy LLP 15 601 South Figueroa Street Los Angeles, CA 90017 16
[Counsel for Official Committee of Unsecured Creditors]
17 I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct.
18 Dated: April 26, 2002.
19 20 Lydia Lee 21 4 Only the copies served on the Office of the United States Trustee, counsel for debtor Pacific Gas and 22 Electric Company, and counsel for the official committee of unsecured creditors included Exhibits 2 and 23 3; the copies served on other parties did not include these exhibits.
24 25 26 27 28 DL()(Ss, 1:591,82. t
APR-16-02 10:30AM FRO-HOWARD.RIcEET AL (415*21T-S910 0
+14! 52! w T-104 P.-3/04 F-T35 J.-AMES L. LOPES (No. 63678)
JEFFREY L. SC ER (No. 91404)
C 2?.0 JANET A. N.XON (No. 104747)
WILLLAIM J. LAFFERTY (No. 120814)
U S.
HOWARD, RICE, NEMEROVSKI, CANADY,
, 1. '&"
FJAK & RABK1N s "'f A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 Tcelphone; 415/434-1600 Fachtaile: 415/217-5910 Counsel for Debtor =6 Debtor in Possession Pacific Gas aind Electric Company UNITED STATES BANKRUPTCY COURT NORTHER1N DISTRICT OF CALIFORNIA SAN FRA-NCISCO DIVISION 1
2 3
4 5
6
'7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 R)4PT COURT hI',
0
. OF CA.
- ,o *'SCO, CA.
No. 01-30923 DM Chapter I1 Case
[PROPOSEDJ ORDER APPROVING DEBTOR PACIFIC GAS AND ELECTRIC COMPANY'S SUPPLEMENTAL APPLICATION FOR APPROVAL OF 1MPLOYMENT OF DEL01rrE &
TOBCHE LLP No Hearing Requested The court has reviewed Deblor Pacific Gas and. Electric Company's Supplemetal Application for Approval of Employment of Deloitre & Touche LLP ("'Supplemental Application"). The court is satisfied that (a) Deloitte & Touche LLP ("Deloitte) represents no interest adverse to the estate of Pacific Gas and Electc Company ("Debtor") respecting the matters as ro which Deloitte is proposed to be engaged; (b) Deloitte and its professional personnel are disintere*d persons under Ban~kmp*-y Code 14 101(14) and 1I07(b); (c)
Deloifte's employment for the purposes and on the terms described in the Supplemental Applicarzon is in the best intermst of th. estatc; aud (d) requisite notice of the Supplemental Application has been given. Accordingly, and good cause appearing, IL iS HEREBY ORDERED that:
I In re
?ACTFIC GAS AND ELECTRIC COMPANY, a California Corporation, Debtor.
Federal I.D. No. 94-0742640 (PROPOSED) ORPDP APPROVL-NG DEBTOR FACIM!C GAS AND ELECTRtC COMPANY'S SLPPLEUMUN
",PLICATION FOR APPROVAL OF
- EMK- 'VMLT OF DELOMr* & TOUCIHE L-.
APR-I3-02 10:30AM FRO-HOWARD,RICE,T AL. 4151214
-3910
+14152175910 T-Ia4 P.4/14 F-735 1
(1) The Supplemental Application is approved nuncpro tune, effective October I, 2001; 2
(Z) Detbtor PNi.ilk Gas aadElccuti Company ("ebtor') is 6t4nzodz to retain Deloitte 3
to provide the audit services de*cn'Id in the Supplemeral ApPliecation on the terms staed in the 4
Supplmental Applicadon; (3) The engagement letter between Debtor and Deloitte, a copy of which. is incorporated 6
into the Supplemental Application, C gagemnent Lettexr) is approved; 1
(4) Deloitte will be required to submit applications for conp~emafion, in compliance with S
all applicable stamrwes, rules, and orders, for all compensation payable under the te=ms of the 9
Engagement Letter, provided that Debtor will be authrized zo pay Deloitnes monthly semes 10 before such approval to the same extent as Debtor may be auftorized frm time to time to make i
inierim payments to other profesionals employed under Bankruptcy Code § 327(a).
12 13 Dated:
14 DENNIS MOTALI 15 IN= STATES BANKRUPTCY JUDGE 16 17 The court's Gujdeines WfoE CoM MefL2ion 18 and_-Exjen0§P-RamWusMont Will -apply.
19 A copy may be orakd m the clerks 20 21 22 23 24 25 26 287
[PROPOSED] ORDER APPROVING DEBTOR PACfl1C OAS AND ELECTRIC COMPANY'S SUPPLEMENTAL APPLICATION FOR APPROVAL Or EMLOY MENT OF DBLOITTE & TOUCrE T"