ML022200451
| ML022200451 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon |
| Issue date: | 07/30/2002 |
| From: | Lumsden T Official Committee of Unsecured Creditors, Pacific Gas & Electric Co, PricewaterhouseCoopers, LLP |
| To: | Office of Nuclear Reactor Regulation |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML022200451 (8) | |
Text
Thomas Lumsden PricewaterhouseCoopers LLP 199 Fremont Street San Francisco, CA 94105 Telephone:
(415) 498-5000 Facsimile:
(415) 498-6699 Accountants and Financial Advisors for Official Committee of Unsecured Creditors FILED JUL -3 0 2002 UNITED STATES BANKRUPTCY COURT SAN FRANCISCO, CA 1
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10 11 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.
Federal I.D. No. 94-0742640 Case No. 0 1-30923 DM Chapter 11 Case
[No Hearing Scheduled]
PRICEWATERHOUSECOOPERS COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR JUNE 1,2002 TO JUNE 30, 2002 PricewaterhouseCoopers LLP (the "Firm") submits its Cover Sheet Application (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period June 1, 2002 to June 30, 2002 (the "Application Period"). In support of the Application, the Firm respectfully represents as follows:
- 1.
The Firm is Accountants and Financial Advisors to the Official Committee of Unsecured Creditors. The Firm hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during the Application Period.
- 2.
The Firm billed a total of $95,841 in fees and expenses during the Application Period. The Total fees represent 306.1 hours1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> expended during the Application WD 071701/1 -t419903/42/931767/v I UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Period. These fees and expenses break down as follows:
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Application Period Amount Description Amount Paid Applied For First (April 11, 2001 -
$803,642 90% of fees and
$803,642 May 31, 2001) 100% of expenses Second (June 1, 2001 -
$870,002 90% of fees and
$870,002 July 31, 2001) 100% of expenses First Interim Fee
$2,408 10% fee holdback ($179,012) net
$2,408 Application of PricewaterhouseCoopers LLP and Court Adjustments ($176,604)
Third (August 1, 2001 -
$358,024 85% of fees and
$358,024 August 30, 2001) 100% of expenses Fourth (September 1,
$293,871 85% of fees and 1$293,871 2001 - September 30, 100% of expenses 2001)
'Payment of this amount would result in a "holdback" of $13,981 WD 071701/1-1419903/42/931767/v I Period Fees" Expenses Total June 1, 2001 - June
$93,209
$2,632
$95,841 30, 2002
_ 3.
Accordingly, the Firm seeks allowance of interim compensation in the total amount of $81,860 at this time. This total is comprised as follows:
$79,228, (85% of the fees for services rendered)' plus $2,632 (100% of the expenses incurred).
- 4.
For the post-petition period, the Firm has been paid to date as follows:
Fifth (October 1, 2001 October 31, 2001)
Sixth (November 1,2001-November 30, o~tAA h
$307,809 85% of fees and 10*0% of expenses
$215,596, "85-% of fees and 100% of expenses
$307,809
$215,596 1
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4 5
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ninth (February 1, 2002
- February 28, 2002)
Tenth (March 1, 2002 March 31, 2002)
Eleventh (April 1, 2002
- April 30, 2002)
Twelfth (May 1, 2002 May 31, 2002)
Total Paid to the
$197,888
$189,814
$185,003
$183,784
$4,197,886.
85% of fees and 100% of expenses 85% of fees and 100% of expenses 85% of fees and 100% of expenses 95% of fees-and J10 o
- 100%/ of expenses
$197,888
$189,814
$185,003
$183,784
$4,197,886 Firm to Date t
- 5.
To date, the Firmis owed as follows (excluding ai*inuntd0owed pursuant to this Application).
WD 071701/1-1419903/42/931767/vl Second Interim Fee
$145,541 15% fee holdback ($198,105) net
$145,541 Application of PricewaterhouseCoopers.LLP adjustments ($52,564)
Seventh (December 1,
$221,491 85% of fees and
$221,491 2001-December 31, 100% of expenses 2001)
Eight '(January 1, 2002-
$223,013 85% of fees and.
$223,013 January 31, 2002) 1i100%
of expenses
_ 100 % of exDenses
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Description 150/o fee holdback
($128,506) net of PiicewaterhouseCoopers LLP adjustments Eleventh (April 1, 2002 - April 30, 2002)
$31,425 15% fee holdback Twelfth (May 1, 2002 - May 31, 2002)
$28,773 15% fee holdback Total Owed to Firm to Date
$178,204
- 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 name of each professional who performed services in connection with this case during the period covered by this Application and the hourly rate for each such professional; and (b) attached as Exhibits 2-1 and 2-2 are the detailed time and expense statements 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 'ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered on or about July 26, 20Q1, 'Ihe 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 the United States Trustee and served by the fifteenth day of the 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. The Firm is informed and believes that this Cover Sheet Application was mailed by first class WD 0 7 1701/I-1 4 19903/42/931767/vlI Application Period
-Amount Third Interim Fee Application (December 1, 2001 through March 3 1, 2002) $f 18,006 4
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9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WD 071701/1-I419903/42/931767/v mail, postage prepaid, on or about July 31, 2002.
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The interim compensation and reimbursement of expenses sought in this Application~is on account and is not final.. Urpon the conclusion of this case, the 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 expenses approved by this Court and received by the Firm will be credited against such final fees and expenses as maybe allowed by this Court.
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The Firm represents and warrants that its billing practices comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee. Neither the Firm nor any mermbers of the Firm has any agreement or understanding of any kind or nature to divide, pay over or share any portion of the fees or expenses to be awarded to the Firm with any other person or attorney except as among the members and associates of the Firm.
WHEREFORE, 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 'ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."
Dated: July 30, 2002 PricewaterhouseCoopers LLP By:,-4
-Thomas E. Lumsden, Partner Accountants and Financial Advisors to the Official Committee of Unsecured Creditors PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO J 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+/- Floor, San Francisco, California.
On July 30, 2002, I served on the parties listed on the attached Service List, the foregoing document(s) described as:
PRICEWATERHOUSECOOPERS COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR*
JUNE 1, 2002 THROUGH JUNE 30, 2002 X
by placing the _ original X a true copy thereof enclosed in sealed envelopes addressed as stated on the attached service list:
(BY FEDERAL EXPRESS OVERNIGHT 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 Federal Express 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 Federal Express 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 30, 2002 San Francisco, California.
Catherine Dolan Type or Print Name Signature 07/30/02 8:56 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 941 1 1-4065
[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 Committee of Unsecured Creditors]
Office of the U.S. Trustee Attn: Stephen Johnson 250 Montgomery Street, Suite 1000
- r.
San Frandisbo, CA 94.104-3401
.4
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, 8h Floor, San Francisco, California.
On July 30, 2002, I served on the parties listed on the attached Service List, the foregoing document(s) without exhibits described as:
PRICEWATERHOUSECOOPERS COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR JUNE 1, 2002 THROUGH JUNE 30, 2002 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 firm'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 30, 2002 San Francisco, California.
Catherine Dolan Type or Print Name Signature 07/30/02 8:56 AM