ML022540577
| ML022540577 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/30/2002 |
| From: | Lumsden T Official Committee of Unsecured Creditors, PricewaterhouseCoopers, LLP |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM | |
| Download: ML022540577 (6) | |
Text
I Thomas Lumsden PricewaterhouseCoopers LLP 2
199 Fremont Street FILED 3
San Francisco, CA 94105 SEP - 3 29*Z Telephone:
(415) 498-5000 4
Facsimile:
(415) 498-6699 uNa(D qTTt, OfflUFTEY HOT 5
Accountants and Financial Advisors for Official Committee of Unsecured Creditors 6
7 50-25 83A 9
UNITED STATES BANKRUPTCY COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 In re Case No. SF 01-30923 DM 14 15 PACIFIC GAS AND ELECTRIC Chapter 11 COMPANY, a California corporation, 16 EIGHTH SUPPLEMENTAL 17 Debtor.
DECLARATION OF THOMAS E.
LUMSDEN IN SUPPORT OF "REVISED 18 APPLICATION OF OFFICIAL 19 COMMITTEE OF UNSECURED CREDITORS FOR ORDER UNDER 11 20 U.S.C. §§ 1103 AND 328 AND F.R.B.P. 2014 AND 2016 AUTHORIZING 21 RETENTION AND EMPLOYMENT 22 OF PRICEWATERHOUSECOOPERS LLP AS ACCOUNTANTS AND 23 FINANCIAL ADVISORS" 24 25 o
26 27 0
28 EIGHTH SUPPL. LUMSDEN DECLARATION
DECLARATION OF THOMAS E. LUMSDEN 2
I, Thomas E. Lumsden, declare as follows:
3
- 1.
I am a Partner in PricewaterhouseCoopers LLP ("PwC"), an accounting 4
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 Eighth Supplemental 7
Declaration on behalf of PwC (the "Declaration") pursuant to Federal Rule of Bankruptcy 8
Procedure 2014(a) in connection with PwC's retention as accountants and financial advisors to the Official Committee of Unsecured Creditors in the above-captioned 10 Chapter 11 case under the terms and conditions set forth in the Revised Application and 11 the Order Appointing PricewaterhouseCoopers LLP as Accountants and Financial 12 13 Advisors for the Official Committee of Unsecured Creditors entered July 2, 2001. Those 14 services have been and continue to be provided by PwC's Business Recovery Services 15 practice ("BRS Practice") which specializes in providing services to various parties in 16 distressed corporate situations.
17
- 2.
Except as otherwise noted', I have personal knowledge of the matters set 18 forth herein.
19 20
- 3.
As disclosed in the Seventh Supplemental Declaration of PwC, sworn to 21 on July 25, 2002, PwC has entered into a definitive agreement to sell its BRS Practice to 22 FTI Consulting, Inc. ("FTI"). It is currently anticipated that this transaction will close on 23 or about August 31, 2002. After the closing, FTI, as successor to the BRS Practice will be 24 responsible for filing appropriate fee applications regarding the services to be provided.
25
- 4.
As of the closing date, the BRS professionals who have been providing 26 services to the Committee (the"BRS Team") will become FTI employees. We understand 27 28 EIGHTH SUPPL. LUMSDEN DECLARATION
1 that the Committee intends to file an application for retention of FTI as accountants and 2
financial advisors to the Committee shortly. In order to avoid any interruption in the 3
services being provided by the BRS Team to the Committee, and with the Committee's 4
understanding and approval, it is PwC's understanding that the BRS Team will continue 5
to perform services for the Committee following the closing, and will have access to the 6
7 information obtained by PwC in connection with its pre-closing services for that purpose, 8
subject to the following limitations: (i) until such time as FTI is appointed to serve as 9
accountants and financial advisors to the Committee, the BRS Team will not disclose any 10 confidential information relating to this case to any pre-closing FTI personnel; and (ii)
I I during the same period, no pre-closing FTI personnel will be assigned to perform services 12 for the Committee.
13 14 15 I am over the age of eighteen. Pursuant to U.S.C. § 1746, 1 declare under penalty of 16 perjury under the laws of the United States of America that the foregoing is true and 17 correct.
18 Executed this 30th day of August, 2002, at San Francisco, California.
19 20 21 Thomas E. Lumsden, 23 Partner 24 PricewaterhouseCoopers LLP 25 26 27 28 Certain of the disclosures herein relate to matters within the personal knowledge of other professionals at
'ricewaterlaouseuoopers and are basedi on ntormation provided by them.
EIGHTH 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, 8th Floor, San Francisco, California.
On September 3, 2002, I served on the parties listed on the attached Service List, the foregoing document(s) described as:
EIGHTH 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 UPS 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 September 3, 2002 San Francisco, California.
Catherine Dolan 6*$/ )-)'
7,2 Type or Print Name Signature--
09/3/02 1.4 OPM
Proof of Service by UPS Next Day Air James L. Lopes, Esq.
Howard, Rice, Nemerovski, Canady, Falk & Rabkin Three Embarcadero Center, 7 th 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 Committee of Unsecured Creditors]
Offic6 bf the U.S. Trustee Attn: Stephen Johnson 250 Montgomery Street, Suite 1000 San Francisco, CA 94104-3401
-; r1, -:-11 ";
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,h Floor, San Francisco, California.
On September 3, 2002, I served on the parties listed on the attached Service List, the foregoing document(s) without exhibits described as:
EIGHTH 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 finr'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 September 3, 2002 San Francisco, California.
Catherine Dolan 7/Ab* -
4-7f :Žz-),&4 Type or Print Name Signature 09/3/02 1:41 PM