ML022190442
| ML022190442 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/07/2002 |
| 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 | |
| 94-0742640, Case No. 01-30923 DM | |
| Download: ML022190442 (4) | |
Text
1 The Brattle Group, Inc.
44 Brattle Street 2
Cambridge, MA 02138 Telephone: (617) 864-7900 Facsimile: (617) 864-1576 Consultants for the Debtor 5
6 UNITED STATES BANKRUPTCY COURT 7
NORTHERN DISTRICT OF CALIFORNIA 8
SAN FRANCISCO DIVISION 9
10 In re:
Case No.: 01-30923 DM I 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 JUNE 1, 2002 THROUGH JUNE 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 June 1, 2002 through June 30, 2002 (the "Application Period"). In 21 'support of the Application, the Firm respectfully represents as follows:
22 23
- 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
1 2
3 4
5 6
1The 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 $ 1,781.85.
3 By Order dated July 22, 2002, the Court approved the First Interim Fee Application, subject to the reduction requested by the U.S. Trustee, in the amount of $5,202.00. The Firm awaits payment of the difference between the amount the Court approved and the amount the Firm has been paid by the Debtor pursuant to the cover sheet applications for this period, and may indeed be paid as of the date this is being filed.
-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
$7,427.46 in fees (representing 33.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> expended) and expenses. These fees and expenses break down as follows:
Period Fees Expenses Total June 2002
$7,304.50
$122.96
$7,427.46
- 3.
Accordingly the Firm seeks allowance of interim compensation in the total amount of $6,331.79 at this time. -This. total is comprised as follows: $6,208.83 (85% of the fees for services rendered)2 plus $122.96 (100% of the expenses incurred).
- 4.
On this retention, the Firm has been paid to date:
Application Period Amount Applied For Description Amount Paid September 2001 -
100% of fees and 100%.
$633,708473 March 2002 of expenses for period April 2002
$7,716.36 85% of fees and 100% of
$7,716.36 expenses May 2002
$10,166.08 85% of fees and 100% of
$10,166.08 expenses Total
$651,590.91 7
8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
2
- 5.
To date the Firm is owed as follows (excluding amounts owed pursuant to this 3
Application).
4 Application Period Amount Invoiced Amount Owed Description Per July 22, 2002 Order 2001 - March 2002
$793,027.13
$118,735.89 approving Interim Fee 2001___-__March 2Application April
$9,050.76 1,334.40 15% fee holdback 2002 May
$11,947.93
$1,781.85 15% fee holdback 2002 Total
$814,025.82 F
$121,852.14 5
6 7
8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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- 6.
With regard to the copies of this Application served on counsel for the 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 Application and which lists the name and the hourly rate for each professional who performed services in connection with this case during the application period; and attached as Exhibit 2 are the detailed time records for the Application Period that comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee.
- 7.
The Firm has served a copy of this Application (without Exhibits) on the Special Notice List in this case.
- 8.
Pursuant to this Court's 'SECOND AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" dated March 18, 2002, the Debtor is authorized to make the payment requested herein without a further hearing or order of this Court unless an objection to this Application is filed with the court by the Debtor, the Committee, or this United States Trustee and served by the fifteenth day of the month following the service of this Application. If such an objection is filed, I
I Debtor is authorized to pay the amounts, if any, not subject to the objection.
2 The Firm is informed and believes that this Cover Sheet application was mailed 3
by first class mail, postage prepaid, on or about July 31, 2002.
- 9.
The interim compensation and reimbursement of expenses sought in this Application is on account and is not final. Upon conclusion of this case, the 5
Firm will seek fees and reimbursement of the expenses incurred for the totality 6
of the services rendered in the case. Any interim fees or reimbursement of 7
expenses approved by this Court and received by the Firm will be credited against such final fees and expenses as may be allowed by this Court.
8
- 10.
The Firm represents and warrants that its billing practices comply with all 9
Northern District of California Bankruptcy Local Rules and Compensation 10 Guidelines and the Guidelines of the Office of the United States Trustee.
11 Neither the Firm nor any members of the Firm has any agreement or understanding of any kind or nature to divide, pay over, or share any portion of 12 the fees or expenses to be awarded to the Firm with any other person or attorney 13 except as among the members and associates of the Firm.
14 15 WHIEREFORE, the Firm respectfully requests that the Debtor pay compensation to the Firm as requested herein pursuant to and in accordance with the terms of the 'SECOND 16 AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE 17 REIMBURSEMENT PROCEDURE."
18 19 Dated:
The Brattle Group, Inc.
20 By:
21 Barbara J.
ne, General Counsel 22 Consultants to Pacific Gas & Electric Co.
23 24 25
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