ML022750555

the Brattle Group Inc.'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period August 1, 2002 Through August 31, 2002

ML022750555
Person / Time
Site:	Diablo Canyon
Issue date:	09/23/2002
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
01-30923 DM, 94-0742640
Download: ML022750555 (4)

Text

The Brattle Group, Inc.

44 Brattle Street Cambridge, MA 02138 Telephone: (617) 864-7900 Facsimile: (617) 864-1576 Consultants for the Debtor UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 10 In re: Case No.: 01-30923 DM 11 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 AUGUST 1, 2002 THROUGH AUGUST 31, 2002 18 The Brattle Group, Inc. (the "Firm") submits its Cover Sheet Application (the 19 "Application") for Allowance and Payment of Interim Compensation and Reimbursement of 20 Expenses for the Period August 1, 2002 through August 31, 2002 (the "Application Period").

21 In 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

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1 compensation for services rendered and reimbursement of expenses incurred 2 during the Application Period.

2. The firm was enigaged by the Debtor pursuant to a Retention Agreement dated 3

September 20, 20011 to render services relating to the Debtor's Plan of 4

Reorganization. During the Application Period, the Firm billed a total of 5 $1,318.66 in fees (representing 10.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> expended) and expenses. These fees 6 and expenses break down as follows:

7 Period Fees Expenses Total 8

August 2002 $1,230.00 $88.66 $1,318.66 9

10 3. Accordingly the Firm seeks allowance of interim compensation in the total 11 amount of $1,134.16 at this time. This total is comprised as follows: $1,045.50 (85% of the fees for services rendered) 2 plus $88.66 (100% of the expenses 12 incurred).

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4. On this retention, the Firm has been paid to date:

14 15 Application Period Amnount Applied For Description Amount Paid 16 September 2001- $793,027.13 100% of fees and 100% $787,825.03' March 2002 $of expenses for period 17 April 2002 $7,716.36 85% of fees and 100% of $7,716.36 expenses 18 May 2002 $10,166.08 85% of fees and 100% of $10,166.08 19 expenses I _I 20 21 22 23 1 The 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.

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Payment of this amount would result in a "holdback" of $251.02.

25 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.

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1 June 2002 $6,331.79 85% of fees and 100% of $6,331.79 expenses 2

July 2002 $1,463.68 85% of feeg and 100% of $1,463.68 3 expenses 4 Total $818,705.04 $813,502.94 5

6 5. On this retention, the Firm is owed as follows (excluding amounts owed pursuant to this Application).

7 8

Application Period Amount Invoiced Amount Owed Description 9 April $9,050.76 $1,334.40 15% fee holdback 2002 ____________

10 May 2002 $11,947.93 $1,781.85 15% fee holdback 11 June June 2002$7476 $7,427.46 $1,095.68 15% fee holdback 12 July 2002 $1,714.70 $251.02 15% fee holdback 13 Total $30,140.85 $4,462.95 14 15 6. With regard to the copies of this Application served on counsel for the 16 Committee, counsel for the Debtor and the Office of the United States Trustee, 17 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 18 who performed services in connection with this case during the application 19 period; and attached as Exhibit 2 are the detailed time records for the 20 Application Period that comply with all Northern District of California 21 Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee.

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7. The Firm has served a copy of this Application (without Exhibits) on the 23 Special Notice List in this case.

24 8. Pursuant to this Court's 'SECOND AMENDED ORDER ESTABLISHING 25 INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" dated March 18, 2002, the Debtor is authorized to make the

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1 payment requested herein without a further hearing or order of this Court unless 2 an objection to this Application is filed with the court by the Debtor, the Committee, or thi's United States Trustee and served by the fifteenth day of the month following the service of this Application. If such an objection is filed, 4

Debtor is authorized to pay the amounts, if any, not subject to the objection.

5 The Firm is informed and believes that this Cover Sheet application was mailed 6 by first class mail, postage prepaid, on or about August 30, 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 8

Finn will seek fees and reimbursement of the expenses incurred for the totality 9 of the services rendered in the case. Any interim fees or reimbursement of 10 expenses approved by this Court and received by the Firm will be credited 11 against such final fees and expenses as may be allowed by this Court.

10. The Firm represents and warrants that its billing practices comply with all 12 Northern District of California Bankruptcy Local Rules and Compensation 13 Guidelines and the Guidelines of the Office of the United States Trustee.

14 Neither the Firm nor any members of the Firm has any agreement or 15 understanding of any kind or nature to divide, pay over, or share any portion of 16 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.

17 18 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the 19 Firm as requested herein pursuant to and in accordance with the terms of the 'SECOND 20 AMENDED ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."

21 22 Dated: September 23, 2002 The Brattle Group, Inc.

23 24 By:

25Barbara J. Lev , General Counsel Consultants to Pacific Gas & Electric Co.

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