ML022200043

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Seventh Supplemental Declaration of Thomas E. Lumsden in Support of Revised Application of Offical Committee of Unsecured Creditors for Under 11 Usc ss 1103 and 328 and F.R.B.P. 2014 and 2016 Authorizing Retention and Employment of Pricewat
ML022200043
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 07/25/2002
From: Lumsden T
PricewaterhouseCoopers, LLP
To:
Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
SF 01-30923 DM
Download: ML022200043 (6)


Text

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,12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.

Thomas Lumsden PricewaterhouseCoopers LLP 199 Fremont Street San Francisco, CA 94105 Telephone:

(415) 498-5000 Facsimile:

(415) 498-6699 dtJl Accountants and Financial Advisors for Official UITDSrA Committee of Unsecured Creditors SAN UNITED'STATERSR KU CT NORTHERN DISTRICT OF CALIFORNIA SAN TRANCISCODIVISI.ON Case No. SF 01-30923 DM Chapter 11 SEVENTH SUPPLEMENTAL DECLARATION OF THOMAS E.

LUMSDEN IN SUPPORT OF "REVISED APPLICATION OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR ORDER UNDER 11 U.s*C. §§ 1103 AND 328 AND F.R.B.P. 2014 AND 2016 AUTHORIZING RETENTION AND EMPLOYMENT OF PRICEWATERHOUSECOOPERS LLP AS ACCOUNTANTS AND FINANCIAL ADVISORS" D

SEVENTH SUPPL. LUMSDEN DECLARATION, FA 'U8r00U7

'N096o, CA or

1 DECLARATION OF THOMAS E. LUMSDEN 2

1, Thomas E. Lumsden, declare as follows:

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I am a Partner in PricewaterhouseCoopers LLP ("PwC"), an accounting 5

and financial services firm with offices located at numerous locations around.the world, 6

including an office at 199 Fremont, San Francisco. I make this Seventh Supplemental 7

Declaration on behalf of PricewaterhouseCoopers (the "Declaration"). I submnit this Declaration in support of the revised application (the "Revised Application"'of the Offidial Combmittee.of Unseured Creditors (the "Committee") to employ 10 PricewaterhouseCoopers LLP-as accountants and financial advisors for the Committee in 11 the above-captioned Chapter 11 case under the terms and conditions set forth:in. the 12 13 Revised Application and the Order Appointing PricewaterhouseCoopers LLP as.

14 Accountants and Financial Advisors for the Official Committee of Unsecured Creditors 15 entered July 2, 2001. Those services have been and continue to be provided by PwC's 16 Business Recovery Services practice ("BRS Practice") which specializes in providing 17 services to various parties in distressed corporate situations. Except as otherwise noted',

18 I have personal knowledge of the matters set forth herein.

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On July 24, 2002, PwC announced that it has entered into a 22 definitive agreement to sell the BRS Practice to FTI Consulting, Inc. ('TTI"). It is 23 anticipated that this transaction will close on or about August 31, 2002.

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Between now and the anticipated closing, PwC and FTI will work together 25 26 in order to prepare all necessary additional disclosures and affidavits to effect a transition 27 28 Certain of the disclosures herein relate to matters within the personal knowledge of other professionals at PricewaterhouseCoopers and are based on information provided by them.

SEVENTH SUPPL. LUMSDEN DECLARATION 1

of this engagement to FTi so that the current engagement team may continue to provide S2 uninterrupted service to the Committee. PwC will share no confidential information relating to this case with FTI or any of its personnel until such time as the Court has 4

formally appointed FTI as accountants and financial advisors to the Committee in this 5

case.

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8 I am over the age of eighteen. Pursuant to U.S.C. § 1746, I declare under penalty of 9

perjury under the laws of the United States of America that the foregoing is true and 10 correct.

11 Executed this 25th day of July, 2002,:at San Francisco, California.

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,:,*.i"*/*

Thomas E. Lumsden, 16 1Partner 17 PricewaterhouseCoopers LLP 18 19 20 21 22 23 24 25 26 27 28 SEVENTH SUPPL. LUMSDEN DECLARATION PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is 199 Fremont Street, 8 th Floor, San Francisco, California.

On July 26, 2002, I served on the parties listed on the attached Service List, the foregoing document(s) described as:

SEVENTH SUPPLEMENTAL DECLARATION OF THOMAS E. LUMSDEN IN SUPPORT OF "REVISED APPLICATION OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR ORDER UNDER 11 U.S.C. §§ 1103 AND 328 AND F.R.B.P. 2014 A] 2016 AUTHORIZING RETENTION AND EMPLOYMENT OF PRICEWATERHOUSECOOPERS LLP AS ACCOUNTANTS AND FINANCIAL ADVISORS" X

by placing the _ original X a true copy thereof enclosed in sealed envelopes addressed as stated on the attached service list:

(BY UPS NEXT-DAY AIR DELIVERY)

X Following ordinary business practices at the San Francisco office of PricewaterhouseCoopers LLP, I placed the sealed envelope(s) for collection and mailing with UPS on that same day. I am readily familiar with the firm's practice for collection and processing of correspondence for mailing. Under that practice, such correspondence would be deposited with UPS on that same day, with postage thereon fully prepaid at San Francisco, California, in the ordinary course of business.

(FEDERAL)

I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

Executed on July 26, 2002, San Francisco, California.

Susan Carney

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Type or Print Name Signature 07/26/02 11:03 AM

Proof of Service by UPS Next Day Air James L. Lopes, Esq.

Janet A. Nexon, Esq.

Howard, Rice, Nemerovski, Canady, Falk & Rabkin Three Embarcadero Center, 7h Floor San Francisco, CA 94111-4065

[Counsel to Debtor]

Robert Jay Moore Paul S. Aronzon Milbank, Tweed, Hadley & McCloy LLP 601 South Figueroa Street Los Angeles, CA 90017.

[Counsel for Official Comiittee of Unsecured Creditors]

Office of the U.S. Trustee Attn: Stephen Johnson 250 Montgomery Street, Suite 1000 San Francisco, CA 94104-3401

PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is 199 Fremont Street, 86h Floor, San Francisco, California.

On July 26, 2002, I served on the parties listed on the attached Service List, the foregoing document(s) without exhibits described as:

SEVENTH SUPPLEMENTAL DECLARATION OF THOMAS E. LUMSDEN IN SUPPORT OF "REVISED APPLICATION OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR ORDER UNDER 11 U.S.C. §§ 1103 AND 328 AND F.R.B.P. 2014 AND 2016 AUTHORIZING RETENTION AND EMPLOYMENT OF PRICEWATERHOUSECOOPERS LLP AS ACCOUNTANTS AND FINANCIAL ADVISORS" X

by placing the _ original X a true copy thereof enclosed in sealed envelopes addressed as stated on the attached service list:

(BY MAIL)

X Following ordinary business practices at the San Francisco office of PricewaterhouseCoopers LLP, I placed the sealed envelope(s) for collection and mailing with the United States Postal Service on that same day. I am readily familiar with the firn's practice for collection and processing of correspondence for mailing. Under that practice, such correspondence would be deposited with the United States Postal Service on that same day, with postage thereon fully prepaid at San Francisco, California, in the ordinary course of business.

(FEDERAL)

I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

Executed on July 26, 2002, San Francisco, California.

Susan Carney Type or Print Name Signature 07/26/02 11:00 AM