ML021620247
| ML021620247 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/23/2002 |
| 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: ML021620247 (5) | |
Text
I The Brattle Group, Inc.
44 Brattle Street 2
Cambridge, MA 02138 Telephone: (617)864-7900 3
Facsimile: (617)864-1576 Consultants for the Debtor 5
6 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 8
SAN FRANCISCO DIVISION 9
10 In re:
Case No.: 01-30923 DM I
PACIFIC GAS AND ELECTRIC, Chapter 11 Case COMPANY, a California corporation, (No Hearing Scheduled) 12 Debtor.
13 14 Federal I.D. No. 94-0742640 15 16 THE BRATTLE GROUP INC.'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION 17 AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD APRIL 1, 2002 THROUGH APRIL 30,2002 18 19 The Brattle Group, Inc. (the "Firm") submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 20 Expenses for the Period April 1, 2002 through April 30, 2002 (the "Application Period"). In 21 support of the Application, the Firm respectfully represents as follows:
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- 1.
The Firm is consultant to the Pacific Gas and Electric Company, debtor and debtor-in-possession in the above-referenced bankruptcy case ("Debtor"). The 24 Firm hereby applies to the Court for allowance and payment of interim 25
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-2 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, 20011 to render services relating to the Debtor's Plan of Reorganization.
During the Application Period, the Firm billed a total of
$9,050.76 in fees (representing 57.10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> expended) and expenses. These fees and expenses break down as follows:
Period Fees Expenses Total April 2002
$8,896.00
$154.76
$9,050.76
- 3.
Accordingly the Firm seeks allowance of interim compensation in the total amount of $7,716.36 at this time. This total is comprised as follows: $7,561.60 (85% of the fees for services rendered)2 plus $154.76 (100% of the expenses incurred).
- 4.
On this retention, the Firm has been paid to date as follows:
Application Amount per Amount Applied Description of Amount Paid Period Original Invoice For Difference September
$46,546.37
$39,719.68 85% of fees and
$39,719.68 2001 100% of expenses October
$444,421.13
$381,566.07 85% of fees and
$381,566.07 2001 100% of expenses November
$232,602.75
$199,299.38 85% of fees and
$199,299.38 2001 100% of expenses December
$4,859.40
$4,258.46 85% of fees and
$4,258.46 2001 100% of expenses January
$10,342.19
$8,864.88 85% of fees and
$8,864.88 2002 100% of expenses
$8,864.88 SThe 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.
2 Payment of this amount would result in a "holdback" of $1,334.40.
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 The amount noted is either per the original invoice / cover sheet application, or per the revised invoice, as applicable.
-3 February
$27,864.29
$23,817.15 85% of fees and
$23,817.15 2002
$2786.29$2,81.1 100% of expenses March
$29,192.50
$24,845.95 85% of fees and
$24,845.95 2002 100% of expenses TOTAL
$795,828.63
$682,371.57 TOTAL
$682,371.57
- 5.
In connection with its submission of the First Interim Fee Application, the Firm submitted revised invoices for the months of September 2001 through January 2002.
- 6.
To date the Firm is owed as follows (excluding amounts owed pursuant to this Application).
Application Period Amount Invoiced 3 Amount Owed Description 15% fee holdback from September
$46,230.51
$6,510.83 payment of prior application, less credit per revised invoice 15% fee holdback from October
$442,648.17
$61,082.10 payment of prior application, 2001 less credit per revised invoice 15% fee holdback from November
$232,023.74
$32,724.36 payment of prior application, less credit per revised invoice 15% fee holdback from December
$4,685.73
$427.27 payment of prior application, less credit per revised invoice 15% fee holdback from January
$10,382.19
$1,517.31 payment of prior application, 2002 plus additional fees per revised invoice February
$27,864.29
$4,047.14 15% fee holdback from 2002
$27,864.29 payment of prior application March
$29,192.50
$4,346.55 15% fee holdback from 2002
$29,192.50 payment of prior application TOTAL
$793,027.13
$110,655.56
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- 7.
With regard to the copies of this Application served on counsel for the 2
Committee, counsel for the Debtor and the Office of the United States Trustee, attached as Exhibit 1 hereto is the detailed invoice for the period covered by this 3
Application and which lists the name and the hourly rate for each professional 4
who performed services in connection with this case during the application 5
period; and (b) attached as Exhibit 2 are the detailed time records for the 6
Application Period that comply with all Northern District of California 7
Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee.
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- 8.
The Firm has served a copy of this Application (without Exhibits) on the 9
Special Notice List in this case.
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- 9.
Pursuant to this Court's 'SECOND AMENDED ORDER ESTABLISHING 11 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" dated March 18, 2002, the Debtor is authorized to make the 12 payment requested herein without a further hearing or order of this Court unless 13 an objection to this Application is filed with the court by the Debtor, the 14 Committee, or this United States Trustee and served by the fifteenth day of the 15 month following the service of this Application. If such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection.
16 The Firm is informed and believes that this Cover Sheet application was mailed 17 by first class mail, postage prepaid, on or about May 30, 2002.
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- 10.
The interim compensation and reimbursement of expenses sought in this 19 Application is on account and is not final. Upon conclusion of this case, the 20 Firm will seek fees and reimbursement of the expenses incurred for the totality of the services rendered in the case. Any interim fees or reimbursement of 21 expenses approved by this Court and received by the Firm will be credited 22 against such final fees and expenses as may be allowed by this Court.
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- 11.
The Firm represents and warrants that its billing practices comply with all 24 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee.
25 Neither the Firm nor any members of the Firm has any agreement or
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1 understanding of any kind or nature to divide, pay over, or share any portion of 2
the fees or expenses to be awarded to the Firm with any other person or attorney 3
except as among the members and associates of the Firm.
4 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 5
Firm as requested herein pursuant to and in accordance with the terms of the 'SECOND 6
AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE 7
REIMBURSEMENT PROCEDURE."
7 Dated:
7, C32-The Brattle Group, Inc.
9 10 B y:
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. Barbara J. Levin General Counsel Consultants to Pacific Gas & Electric Co.
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