ML030380232
| ML030380232 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon |
| Issue date: | 01/30/2002 |
| From: | Colton J LECG, 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: ML030380232 (2) | |
Text
LECG, LLC 2000 Powell Street, Suite 600 Emeryville, CA 94608 Telephone: (510) 653-9800 Facsimile: (510) 653-9898 Consultant for the Debtor UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Inre PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Federal I.D. No. 94-0742640 Case No. 01-30923 DM Chapter 1 Case
[No Hearing Scheduled]
LECO, LLC COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD DECEMBER 1. 2002 TO DECEMBER 27.2002 LECG, LLC (the "Company") submits its Cover Sheet Application (the "Application")
for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period December 1, 2002 to December 27, 2002 (the "Application Period"). In support of the Application, the Company respectfully represents as follows:
I.
The Company is consultant to Pacific Gas and Electric Company, debtor and debtor-in-possession in the above referenced bankruptcy case (the "Debtor"). The Company provides claims analysis for environmental and trades payable claims.
The Company was engaged by the Debtor to provide those services pursuant to a contract dated May 30, 2002, which engagement was approved by the Court Order dated September 20, 2002. The Company hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during the Application Period.
-,Pl 9 Ak
- 2.
Excluding administrative time for which the Company is not seeking to be compensated, the Company billed a total of $22,070.00 in fees and expenses during the Application Period.
The total fees represent 150.2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period Fees Expenses Total Environmental:
12/01/02-12/27/02
$15,610.50
$0.00
$15,610.50 Trades Payable:
12/01/02-12/27/02
$4,344.50
$0.00
$4,344.50 Insurance':
12/01/02-12/27/02
$2,065.00
$50.00
$2,115.00 Total
$22,020.00
$50.00
$22,070.00
- 3.
Accordingly, the Company seeks allowance of interim compensation in the total amount of $18,767 at this time. This total is comprised of 85% of the fees for services rendered, and 100% of expenses.2
- 4.
On this retention, the Company has been paid to.date as follows:
Application Period Amount Applied For Description Amount Paid 9/20/01 - 1/28/02
$722,519.52 100% of Fees
$722,519.52 100% of Expenses (Ist Interim Fee Application) 5/6/02 - 9/30/02
$423,370.74 85% of Fees
$423,307.74
' During the Application Period, PG&E asked LECOG to prepare certain schedules of Enviromental bankruptcy claims data to support an MSA/ATAA schedule for dte Insurance Department, and to support settlement negotiations with a liability insurance carrier for environmental claims. That work was performed under the same contract as other Bankruptcy-related claims processing work, with a separate LECO engagement number and billing for cost tracking and accounting purposes.
' Payment of this amount would result in a "holdback" of S3,303.00.
100% of Expenses 10/01/02-10/31/02
$34,741.63 85%of Fees
$34,741.63 100% of Expenses 11/01/02 - 11/30/02
$34,455.91 85% of Fees
$34,455.91 100% of Expenses Total
$1,215,087.80
$1,215,087.80
- 5.
To date, for its services relating to Post-Petition Bankruptcy Services, the Company is owed as follows (excluding amounts owed pursuant to this application):
Application Period Amount Description 5/6/02 - 9/30/02
$74,654.47 15% fee holdback 10/1/02-10/31/02
$6,130.87 15% fee holdback 11/01/02 - 11/30/02
$6,072.97 15% fee holdback Total
$86,858.31
- 6.
With regard to 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. Attached as Exhibit 2 (Environmental), Exhibit 3 (Trades Payable) and Exhibit 4 (Insurance) are the detailed time and expense statements for the period December 1, 2002 through December 27, 2002 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 Company 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. 2001, and as amended on or about November 8, 2001, and as further amended an or about March 18, 2002, the Debtor is authorized to make payment requested herein without a further herinsg 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 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 Company is informed and believes that this Cover Sheet Application was mailed by first class mail, postage prepaid, on or about January 30,2002.
- 9.
The interim compensation and reimbursement of expenses sought in this Application ison account and is not final. Upon conclusion of this case, the Company 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 Company will be credited against such final fees and expenses as may be allowed by this Court
- 10.
The Company represents and warrants that its billing practices comply with all Northern District of Califocunia Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee. Neither the Company nor any members of the Company has any agreement or understanding of any kind or nature to divide, pay over or share any portion of the fees and expenses to be awarded to the Company with any other person or attorney except as among the members and associates of the Company.
WHEREFORE, the Company respectfully requests that the Debtor pay compensation to the Company as requested herein pursuant to and in accordance with the terns of the "ORDER ESTABLISHING INTERIM FIE APPLICATION AND EXPENSE REIMBURSEMENT
'PROCEDURE*
Dated' January 30,2002 LE5~/
Cto Wultant to Paciffic Gas and Electric Company