ML022800022
| ML022800022 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/27/2002 |
| From: | Edmunds M 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: ML022800022 (6) | |
Text
Mark A. Edmunds 1
Deloitte & Touche LLP 50 Fremont Street 2
San Francisco, CA 94121 Telephone: (415) 783-4000 3
Facsimile: (415) 783-4708 4
Independent Auditor, Accountant, Tax Advisor and Consultant to 5
Debtor and Debtor in Possession Pacific Gas and Electric Company 6
7 8
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re 114 PACIFIC GAS AND ELECTRIC 13 COMPANY, a California Corporation, 14 Debtor.
15 Federal I.D. No. 94-0742640 16 17 18 No. 01-30923 DM Chapter 11 Case DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED FROM AUGUST 1, 2002, TO AUGUST 31,2002)
[No Hearing Scheduled]
Deloitte & Touche LLP (the "Firm") submits this Cover Sheet Application for Allowance 20 and Payment of Interim Compensation ("Application") for services provided during the period 21 from August 1, 2002, to August 31, 2002 ("Application Period"). In support of the Application, 22 the Firm respectfully represents as follows:
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- 1. The Firm is Independent Auditor, Accountant, Tax Advisor, and Consultant to Debtor 24 Pacific Gas & Electric Company ("Debtor"). On July 10, 2001, the Firm's retention in this 25 capacity was approved nunc pro tunc, effective April 6, 2001. On April 11, 2002, the Firm's 26 employment to audit financial statements being prepared for four entities that would succeed to 1
27 DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED FROM 28 AUGUST 1, 2002, TO AUGUST 31, 2002)
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1 Debtor's business assets upon confirmation of Debtor's proposed reorganization plan 2
("Supplemental Services") was approved nuncpro tunc, effective October 1, 2001. By this 3
Application, the Firm is applying to the Court for allowance and payment of interim 4
compensation for services rendered during the Application Period.
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- 2. The Firm billed $156,475 in hourly fees ("Hourly Fees"), representing 536.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> 6
expended, during the Application Period.' These Hourly Fees are shown as follows:
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9 10 11 12 13 14 15 16 17 18 19 20 Period Hourly Fees Total 8/1/02 to 8/31/02
$156,475.00
$156,475.002 The Firm is not seeking any expense reimbursement for the Application Period.
- 3. The Firm seeks payment of a total of $133,003.75 at this time. This is 85 % of the Hourly Fees for services rendered from August 1, 2002, through August 31, 2002.3
- 4. For the post-petition period, the Firm has been paid to date as follows:
Application Period Amount Applied For Description Amount Paid First (4/7/01 to
$62,263.50 in hourly fees
$39,987.40s 2/28/02)
$62,333.904 and $70.40 in expenses, less $22,346.50, which was withdrawn from the Firm's request in its June 25, 2002, reply to the United State's Trustee's objection to the Firm's First Interim Application 21 1 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 22 year ("Base Fee Audit"). (The July 10, 2001, order approving the Firm's employment authorized Debtor 23 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.
24 2 In addition to fees for Supplemental Services, the amount requested includes $16,831.00 for time expended in preparing fee applications.
25 3 Payment of this amount would result in a "holdback" of $23,471.25.
4 The relevant cover sheet application requested a total of $62,573.90 in fees and costs, but the Firm 26 (Footnote Continued on Next Page.)
27 DELOIYIE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED FROM 28 AUGUST 1, 2002, TO AUGUST 31, 2002) 2
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9 22 (Footnote Continuedfrom Previous Page) later reduced the amount requested to $62,333.90 due to a $240 error in the initial billing.
23 5 Debtor initially paid the Firm $54,331.45 on account of its first cover sheet application, but the $240 and $22,346.50 reductions, discussed above, were later netted against other amounts owing to the Firm, 24 reducing the amount paid for the first application period to $39,987.40.
6 The Application Periods for the Firm's first two "cover sheet" applications overlapped because the 25 Firm did not seek compensation for any of the Supplemental Services until after the court's April 11, 26 2002, "nunc pro tunc" order specifically authorizing that work.
27 DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED FROM 28 AUGUST 1, 2002, TO AUGUST 31, 2002) 3 Second (10/1/01 to
$1,643,315.50 in hourly 3/31/02)6 1,643,315.50 fees, less $4,500
$1,638,815.50 disallowed by the court at the July 2, 2002, hearing on the Firm's First
-__Interim Application Third (4/1/02 to 85% of $232,523 in 4/30/02)
$232,523 hourly fees
$197,644.55 Fourth (5/1/02 to 85% of $147,016.50 in
$124,964.03 5/31/02)
$147,016.50 hourly fees Fifth (6/1/02 to 85% of $115,006 in
$97,755.10 6/30/02)
$115,006 hourly fees Sixth (7/1/02 to 85% of $128,834.50 in
$109,509.33 7/31/02)
$128,834.50 hourly fees The Firm has also received $855,000 as the Firm's base fee for auditing and reporting on Debtor's consolidated financial statements and reviewing interim financial information for the 2001 fiscal year ("Base Audit Fee"). Including the 2001 Base Audit Fee, the total paid to the Firm to date is $3,063,675.91.
- 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
10 11 12 13 14 15 16 17 18 19 20 21 Application Period Amount Description Third (4/1/02 to
$34,878.45 15% holdback of fees requested 4/30/02) by the Firm's third "cover sheet" application filed May 29, 12002 Fourth (5/1/02 to
$22,052.47 15% holdback of fees requested C: P) 1 MI N+
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5/31/02) by the Firm's fourth "cover sheet" application filed June 27, 2002 Fifth (6/1/02 to
$17,250.90 15% holdback of fees requested 6/30/02) by the Firm's fifth "cover sheet" application filed July 23, 2002 and amended on August 5, 2002 Sixth (7/1/02 to
$19,325.17 15% holdback of fees requested 7/31/02) by the Firm's sixth "cover sheet" application filed August 122,2002 Total Owed to the
$93,506.997 Firm to Date I
- 6. Attached as Exhibits 1 and 2, respectively, to the copies of this Application served on counsel for the Official Committee of Unsecured Creditors, counsel for Debtor, and the Office of the United States Trustee are (i) a list of the names and hourly billing rates of each professional who performed services for which compensation is sought by this Application and (ii) detailed time 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 on each person shown on the Special Notice List for this case. (Only the parties referred to in paragraph 6 received Exhibits 1 and 2; the copies served on other parties did not include the exhibits.)
- 8. Pursuant to this Court's Second Amended Order Establishing Interim Fee Application and Expense Reimbursement Procedure, filed on March 18, 2002, the Debtor will be authorized to make the payment requested herein without further hearing or order 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 will be authorized to pay the amounts, if any, not subject to the 7 The $93,506.99 does not include any fees for the Firm's 2002 audit of Debtor's consolidated financial statements and review of interim financial information. No fees have as yet been billed for these services.
DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION 4
FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED FROM AUGUST 1, 2002, TO AUGUST 31, 2002)
1 objection. The Firm is informed and believes that this 2
shown on the Special Notice List by first class mail, po 3
- 9. The interim compensation sought by this AI 4
the conclusion of this case, the Firm will seek fees and 5
the totality of its employment in this case. Any interinr 6
approved by the court and received by the Firm (along 7
credited against such final fees and expenses as may bc 8
- 10. The Firm represents and warrants that its b 9
District of California Bankruptcy Local Rules and Con 10 of the Office of the United States Trustee. Neither the 11 agreement or understanding of any kind or nature to di 12 fees or expenses awarded to the Firm with any other p 13 associates of the Firm.
14 WHEREFORE, the Firm respectfully request, 15 as requested herein pursuant to and in accordance with 16 Establishing Interim Fee Application and Expense Rei 17 Dated: September 27, 2002 18 19 B'
20 21 22 23 24 25 26 27 DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED FROM 28 AUGUST 1, 2002, TO AUGUST 31, 2002)
Application was mailed to all persons stage prepaid, on September 27, 2002.
- plication is on account and not final. At reimbursement of expenses incurred for fees or reimbursement of expenses with any retainer paid to the Firm) will be
- allowed by the court.
illing practices comply with all Northern apensation Guidelines and the Guidelines Firm nor any member of the Firm has any vide, pay over or share any portion of the erson or entity other than members and/or s that Debtor pay compensation to the Firm the terms of the Second Amended Order imbursement Procedure.
DEL1Il-f & "lUUUCt LLU Mark A. Edmunds, Partner Independent Auditor, Accountant, Tax Advisor and Consultant to Debtor Pacific Gas and Electric Company 5
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 September 27, 2002, 1 served the foregoing DELOITTE & TOUCHE LLP'S 4
COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION (FOR SERVICES RENDERED FROM AUGUST 1, 2002, TO 5
AUGUST 31, 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 thereon fully prepaid, 6
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, to each of the following 7
three addressees 6:
8 James L. Lopes Howard, Rice, Nemerovski,Canady, Falk & Rabkin 9
Three Embarcadero Center, 7th Floor San Francisco, CA 94111 10
[Counsel for Pacific Gas and Electric Company]
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 Stephen Johnson Office of the U.S. Trustee 250 Montgomery Street, Suite 1000 San Francisco, CA 94104-3401
[United States Trustee]
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: September 27, 2002.
17 18 71Zz-7 Lydia Lee 19 6 Only the copies served on the Office of the United States Trustee, counsel for debtor Pacific Gas and Electric Company, and counsel for the official committee of unsecured creditors included Exhibits 1 and 2; the copies served on other parties did not include the exhibits.
21 22 23 24 25 26 27 28 DOCSSFI 591882.1