ML022260993
| ML022260993 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/05/2002 |
| From: | Adams J 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: ML022260993 (5) | |
Text
James T. Adams Deloitte & Touche LLP 50 Fremont Street San Francisco, CA 94121 Telephone: (415) 783-4000 Facsimile: (415) 783-4708 Independent Auditor, Accountant, Tax Advisor and Consultant to Debtor and Debtor in Possession Pacific Gas and Electric Company In re PACIFIC GAS AND E COMPANY, a Californ Debtor.
Federal I.D. No.94-074 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION No. 01-30923 DM LECTRIC Chapter 11 Case Lia Corporation, AMENDMENT TO DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF
- 2640 INTERIM COMPENSATION (FOR SERVICES RENDERED FROM JUNE 1, 2002, TO JUNE 30,2002) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT TO DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED FROM JUNE 1, 2002, TO JUNE 30, 2002) 1 1
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8 S
[No Hearing Scheduled]
Deloitte & Touche LLP (the "Firm") hereby amends its Cover Sheet Application for Allowance and Payment of Interim Compensation ("Application") for services provided during the period from June 1, 2002, to June 30, 2002 ("Application Period"). The purpose of this amendment is to reduce the fees requested by the Application by $20,311, so that the total amount requested is changed to $115,006 (from $135,317) and the total payment requested at this time (85 % of the total fee request) is changed to $97,755.10 (from $115,019.45).
The Firm is reducing its fee request because Debtor Pacific Gas and Electric Company
("Debtor") has advised the Firm that fees related to the audits of the Nuclear Facilities Non-ii
1 2
3 4
5 6
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Period Hourly Fees Total 6/l/02 to 6/30/02
$115,106
$115,1062 The Firm is not seeking any expense reimbursement for the Application Period."
- 2. Paragraph 3 (Page 2. lines 11 - 12) is modified to read:
"3. The Firm seeks payment of a total of $97,755.10 at this time. This is 85 % of the Hourly Fees for services rendered from June 1, 2002, through June 30, 2002.3
- 3. In addition, the "Nuclear Decommissioning Trust" timesheets included in the attachments to the Application should be ignored. These timesheets (showing services for which the Firm is no longer seeking fees from the estate) include 51.8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> ($13,986 in fees) logged by I During the Application Period, the Firm also provided services in connection with its audit of Debtor's consolidated financial statements and review of interim financial information for the 2002 fiscal year ("Base Fee Audit"). (The July 10, 2001, order approving the Firm's employment authorized Debtor to pay a "base fee" to Deloitte upon receipt of monthly invoices from the Firm for Base Fee Audit services.) No amounts have yet been billed or received for Base Fee Audit services for fiscal year 2002.
2 In addition to fees for auditing financial statements being prepared for four entities that would succeed to Debtor's business assets upon confirmation of Debtor's proposed reorganization plan, the amount requested includes $7,227 for time expended in preparing fee applications.
3 Payment of this amount would result in a "holdback" of $17,250.90.
AMENDMENT TO DELOITTE & TOUCHE LLP'S COVER 2
SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED FROM JUNE 1, 2002, TO JUNE 30, 2002)
Qualified CPUC Decommissioning Master Trust, Nuclear Facilities Qualified CPUC Decommissioning Master Trust, and Nuclear Facilities Qualified FERC Decommissioning Master Trusts ("Trusts") will not be paid from Debtor's estate but will instead be paid by the Trusts themselves, which (according to Debtor) are separate legal entities. Accordingly, since Debtor has represented that this $20,311 will be paid from a source other than Debtor's estate, Deloitte is reducing its fee request by a corresponding amount.
To reflect this change, the Application is revised as follows:
- 1. Paragraph 2 (page 2. lines 5 - 10) is modified to read:
"2. The Firm billed $115,106 in hourly fees ("Hourly Fees"), representing 394.4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> expended, during the Application Period.' These Hourly Fees are shown as follows:
1 Jeff Wilhelm, 3.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> ($1,120 in fees) logged by Eric Techel, 28.0 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> ($4,620 in fees) 2 logged by Bill Robinson, and 1.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> ($585 in fees) logged by Frank Balestreri. A corrected 3
fee summary (Exhibit 2 to the Application) is attached.
4 In all other respects, the Application is unchanged.
5 Dated: August 5. 2002 6
7 8
9 10 DELOITTE & TOUCHE LLP
/d'epnes T. Adams, Partner
/pendent Auditor, Accountant, Tax Advisor and Consultant to Debtor Pacific Gas and Electric Company 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AMENDMENT TO DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED 28 FROM JUNE 1, 2002, TO JUNE 30, 2002) 3
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 August 5,2002, 1 served the foregoing AMENDMENT TO DELOITTE &
4 TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED FROM 5
JUNE 1, 2002, TO JUNE 30, 2002) by (1) depositing true and correct copies thereof in the United States Mail at San Francisco, California, in sealed envelopes with first class postage 6
thereon fully prepaid, addressed to each party shown on the attached list and (2) by sending true and correct copies via United Parcel Service, for overnight delivery, with charges fully prepaid, 7
to each of the following three addressees:
8 James L. Lopes Stephen Johnson Howard, Rice, Nemerovski,Canady, Falk & Rabkin Office of the U.S. Trustee 9
Three Embarcadero Center, 7 th Floor 250 Montgomery Street, Suite 1000 San Francisco, CA 94111 San Francisco, CA 94104-3401 10
[Counsel for Pacific Gas and Electric Company]
[United States Trustee]
11 Robert J. Moore Paul S. Aronzon 12 Milbank, Tweed, Hadley & McCloy LLP 601 South Figueroa Street 13 Los Angeles, CA 90017
[Counsel for Official Committee of Unsecured Creditors]
14 I declare under penalty of perjury under the laws of the State of California and the United 15 States of America that the foregoing is true and correct.
16 Dated: August 5, 2002.
17 18 Lydia Lee 19 20 21 22 23 24 25 26 27 28 DOCSSFI:591882.1
DELOITTE & TOUCHE LLP
SUMMARY
OF FEES EXHIBIT 2 85% Subsequent Holdback Hours Rate Total to 7/31/2001 on 85%
Greg Seelagy 1.1 525 577.50 85%
490.88 Mark Edmunds 4.1 600 2,460.00 85%
2,091.00 David Haines 1.0 420 420.00 85%
357.00 David Kral 46.5 450 20,925.00 85%
17,786.25 Frank Balestreri 1.5 390 585.00 85%
497.25 Eric Techel 103.2 320 33,024.00 85%
28,070.40 David Coffman 40.0 220 8,800.00 85%
7,480.00 Robert Heller Jr.
3.5 270 945.00 85%
803.25 Miriam Chiappetta 116.4 260 30,264.00 85%
25,724.40 Jeff Wilhelm 40.8 270 11,016.00 85%
9,363.60 Bill Robinson 36.3 165 5,989.50 85%
5,091.08 Total hours and fees 394.4 115,006.00 97,755.10 97,755.10 Holdback 17,250.90 17,250.90