ML030930633
| ML030930633 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/27/2003 |
| 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: ML030930633 (7) | |
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mark A. Edmunds Deloitte & Touche LLP 50 Fremont Street San Francisco, CA 94121 Telephone: (415) 783 4000 Facsimile: (415) 7834708 Independent Auditor, Accountant, Tax Advisor and Consultant to Debtor and Debtor in Possession Pacific Gas and Electric Company UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION In re PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation, Debtor.
Federal I.D. No. 94-0742640 Case No. 01-30923 DM Chapter 11 DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES (FEBRUARY 1, 2003, TO FEBRUARY 28, 2003)
[No Hearing Scheduled]
Deloitte & Touche LLP (the "Firm") submits this Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses ("Application") for February 1, 2003, to February 28, 2003 ("Application Period"). In support of the Application, the Firm respectfully represents as follows:
- 1. The Firm is Independent Auditor, Accountant, Tax Advisor, and Consultant to Debtor Pacific Gas & Electric Company ("Debtor"). On July 10, 2001, the Firm's retention in this capacity was approved nunc pro tunc, effective April 6,2001. On April 11, 2002, the Firm's employment to audit financial statements being prepared for four entities that would succeed to Debtor's business assets upon confirmation of Debtor's proposed reorganization plan
("Supplemental Services") was approved nunc pro tunc, effective October 1, 2001. By this DELOITI'E & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES (FEBRUARY 1, 2003, TO FEBRUARY 28, 2003) 1 4 elt°ofI
1 Application, the Firm is applying to the Court for allowance 2
compensation for services rendered during the Application P 3
certain services provided in August and September 2002 but 4
Firm's previous compensation applications, and (c) reimburs 5
the Application Period.
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- 2. The Firm (a) logged $98,324.50 in hourly fees rep 7
during the Application Period, (b) logged $5,117.50 in hourli 8
previous applications, representing 11.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> expended duri 9
(c) incurred $340.58 in expenses ("Expenses") during the Ai 10 and Expenses are shown as follows:
11 12 Period Fees Exp 13 2/1/03 to 2/28/03
$98,324.50
$34 14 8/2002 & 9/2002
$5,117.50 15 Totals for this 103,442.001
$34 Application__
16 The Firm seeks payment of a total of $88,266.28 at ti 17 of the hourly fees for services rendered from February 1, 20C 18 85 % of the hourly fees for services rendered during August a 19 previously requested, and (ii) 100 % of the Expenses incurred 20 February 28, 2003.
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- 4. For the post-petition period, the Firm has been pai 22 23 Application Period I Amount Applied For l Des 24 1 In addition to fees for Supplemental Services, the amount req.
25 expended in preparing fee applications and $5,117.50 for time exp 2002, relating to consultations about the San Francisco Utility Use 26 2 Payment of this amount would result in a fees "holdback" of S 27 28 DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES (FEBRUARY 1, 2003, TO FEBRUARY 28, 2003) and payment of (a) interim eriod, (b) interim compensation for inadvertently omitted from the ement of expenses incurred during presenting 328.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> expended, y fees, not requested in the Firm's ng August and September 2002, and pplication Period. These hourly fees enses Totals 0.58
$98,665.08 5,117.50 40.58
$103,782.58 his time.2 This is the sum of (i) 85%
13, through February 28, 2003, (ii) and September 2002 but not d from February 1, 2003, through d to date as follows:
cription I Amount Paid iested includes $10,811.00 for time ended during August and September ers Tax.
.15,516.30.
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1 First (4/7/01 to
$62,263.50 in hourly fees
$39,987.404 2
2128/02)
$62,333.903 and $70.40 in expenses, less $22,346.50, which 3
was withdrawn from the Firm's request in its June 4
25, 2002, reply to the United State's Trustee's 5
objection to the Firm's First Interim Application 6
Second (10/1/01 to
$1,643,315.50 in hourly 3/31/02)5 1,643,315.50 fees, less $4,500
$1,638,815.50 7
disallowed by the court at the July 2, 2002, hearing 8
on the Firm's First 9__Interim Application Third (4/1/02 to
$232,523 in hourly fees 10 4/30/02)
$232,523.00
$232,523.00 Fourth (5/1/02 to
$147,016.50 in hourly
$147,016.50 11 5/31/02)
$147,016.50 fees 12 Fifth (6/1/02 to
$115,006 in hourly fees
$115,006.00 6/30/02)
$115,006.00 13 Sixth (7/1/02 to
$128,834.50 in hourly
$125,770.00 14 7/31/02)
$128,834.50 fees less $3,064.50, which was withdrawn 15 from the Firm's request in its November 22, 2002 16 Memorandum re Supplemental Time Diaries Supporting 17 Second Interim Application for 18 Compensation by 19 Deloitte & Touche LLP Seventh (8/1/02 to
$156,475 in hourly fees
$156,475.00 20 8/31/02)
$156,475.00 Eighth (9/3/02
$ 127,836.006
$127,836 in hourly fees
$127,836.00 219/30/02)
$12,3.o 22 3 The relevant cover sheet application requested a total of $62,573.90 in fees and costs, but the Firm 23 later reduced the amount requested to $62,333.90 due to a $240 error in the initial billing.
4 Debtor initially paid the Firm $54,331.45 on account of its first cover sheet application, but the $240 24 and $22,346.50 reductions, discussed above, were later netted against other amounts owing to the Firm, reducing the amount paid for the first application period to $39,987.40.
25 5 The Application Periods for the Firm's first two "cover sheet" applications overlapped because the 26 Firm did not seek compensation for any of the Supplemental Services until after the court's April 11, 2002, "nunc pro tunc" order specifically authorizing that work.
27 28 DELOIITE & TOUCHE LLPS COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES (FEBRUARY 1, 2003, TO FEBRUARY 28,2003) 3
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ninth (10/1/02 to
$426,408.75
$426,408.75 in hourly
$426,408.75 10/3 1/ 2
_ fees Tenth (11/1/02 to
$183,805.19
$170,783.25 in hourly
$183,805.19 11/30/02) fees and 100 % of
$13,021.94 in expenses requested by the Firm's tenth "cover sheet" application filed on December 20, 2002 Eleventh (12/1/02 to
$91,393.03 85% of $91,221.00 in
$77,709.88 12/31/02) hourly fees and 100 % of
$172.03 in expenses requested by the Firm's eleventh "cover sheet" application filed on January 24, 2003 Twelfth (1/1/03 to
$344,214.80 85% of $343,873.50 in
$292,633.78 1/31/03) hourly fees and 100% of
$341.30 in expenses requested by the Firm's twelfth "cover sheet" application filed on February 28, 2003 The Firm has also received (1) $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 and (2) $1,040,000 of the base fee for auditing and reporting on Debtor's consolidated financial statements and reviewing interim financial information for the 2002 fiscal year. (The July 10, 2001, order approving the Firm's employment, together with the November 5, 2002, order approving the 2002 base audit fee, authorized Debtor to pay these fees upon receipt of invoices from the Firm.) Including the 2001 Base Audit Fee and the paid portion of the 2002 Base Audit Fee, the total paid to the Firm to date is $5,458,987.00.
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(Footnote Continuedfrom Previous Page.)
6The relevant cover sheet application requested a total of $130,353.50 in fees, but the Firm and Debtor later agreed that the amount would be reduced by $2,517.50.
DELOITrE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES (FEBRUARY 1, 2003, TO FEBRUARY 28,2003) 4
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- 5. To date, the Firm is owed as follows (excluding amounts owed pursuant to this Application):
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Application Period Amount 5
Eleventh (12/1/02 to
$13,683.15 15e 7
200 8
Twelfth (1/1/03 to
$51,581.02
- 150, 1/31/03) exp 10 app 10 2
Total Owed to the
$65,264.177 11 Firm to Date 12
- 6. Attached as Exhibits 1 and 2, respectively, to the c 13 counsel for the Official Committee of Unsecured Creditors, c 14 the United States Trustee are (1) a list of the names and hourl, 15 who performed services for which compensation is sought b3 16 time and expense statements for the Application Period that c 17 California Bankruptcy Local Rules and Compensation Guide 18 Office of the United States Trustee.
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- 7. The Firm has served a copy of this Application on 20 Notice List for this case. (Only the parties referred to in para 21 the copies served on other parties did not include the exhibits 22
- 8. Pursuant to this Court's Second Amended Order E 23 and Expense Reimbursement Procedure, filed on March 18, 2 24 to make the payment requested herein without furither hearini 25 Application is filed with the court by the Debtor, the Commil 26 1 7 The $65,264.17 does not include any fees incurred but not yet 27 Debtor's consolidated financial statements and review of interim f DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR 28 ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES (FEBRUARY 1, 2003, TO FEBRUARY 28,2003)
Description D8holdback of fees and lenses requested by the n's eleventh "cover sheet" lication filed on January 24,
'o holdback of fees and enses requested by the n's twelfth "cover sheet" lication filed on February 2003 opies of this Application served on counsel for Debtor, and the Office of y billing rates of each professional
( this Application and (ii) detailed comply with all Northern District of lines and the Guidelines of the each person shown on the Special graph 6 received Exhibits 1 and 2; I.)
Establishing Interim Fee Application 2002, the Debtor will be authorized g or order unless an objection to this ttee, or the United States Trustee paid for the Firm's 2002 audit of inancial information.
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9 10 11 12 13 14 15 16 17 18 19 20 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 objection. The Firm is informed and believes that this Application was mailed to all persons shown on the Special Notice List by first class mail, postage prepaid, on March XX, 2003.
- 9. The interim compensation and reimbursement sought by this Application is on account and not final. At the conclusion of this case, the Firm will seek fees and reimbursement of expenses incurred for the totality of its employment in this case. Any interim fees or reimbursement of expenses approved by the court and received by the Firm (along with any retainer paid to the Firm) will be credited against such final fees and expenses as may be allowed by the court.
- 10. The Firm represents and warrants that its billing practices comply with all Northern District of California Bankruptcy Local Rules and Compensation Guidelines and the Guidelines of the Office of the United States Trustee. Neither the Firm nor any member of the Firm has any agreement or understanding of any kind or nature to divide, pay over or share any portion of the fees or expenses awarded to the Firm with any other person or entity other than members and/or associates of the Firm.
WHEREFORE, the Firm respectfully requests that Debtor pay compensation to the Firm as requested herein pursuant to and in accordance with the terms of the Second Amended Order Establishing Interim Fee Application and Expense Reimbursement Procedure.
Dated. March 27, 2003 21 DjI 22-By i
23 Mar Independeni 24 Advisor and Co and 25 26 27 28 DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES (FEBRUARY 1, 2003, TO FEBRUARY 28,2003) fLTTE & T UCHE LLP A. Edmunds, Paner t Auditor, Accountant, Tax insultant to Debtor Pacific Gas Electric Company 6
PROOF OF SERVICE 2
I am over the age of 18, and I am employed at the offices of Deloitte & Touche LLP, 3
located at 50 Fremont Street, San Francisco, California.
4 On March 27,2003, I served the foregoing DELOITTE & TOUCHE LLP'S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM 5
COMPENSATION AND REIMBURSEMENT OF EXPENSES (FOR SERVICES RENDERED FROM FEBRUARY 1, 2003, TO FEBRUARY 28, 2003) by (1) depositing true 6
and correct copies thereof in the United States Mail at San Francisco, California, in sealed envelopes with first class postage thereon fully prepaid, addressed to each party shown on the 7
attached list and (2) by sending true and correct copies via United Parcel Service, for overnight 8
delivery, with charges fully prepaid, to each of the following three addressees8:
James L. Lopes Stephen Johnson 9
Howard, Rice, Nemerovski,Canady, Falk & Rabkin Office of the U.S. Trustee Three Embarcadero Center, 7h Floor 250 Montgomery Street, Suite 1000 10 San Francisco, CA 94111 San Francisco, CA 94104-3401 11
[Counsel for Pacific Gas and Electric Company]
[United States Trustee]
Robert J. Moore 12 Paul S. Aronzon Milbank, Tweed, Hadley & McCloy LLP 13 601 South Figueroa Street Los Angeles, CA 90017 14
[Counsel for Official Committee of Unsecured Creditors]
15 I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct.
16 Dated: March 27, 2003.
17 18 Lydia Lee 19 20 21 22 8 Only the copies served on the Office of the United States Trustee, counsel for debtor Pacific Gas and 23 Electric Company, and counsel for the official committee of unsecured creditors included Exhibits I and 2; the copies served on other parties did not include the exhibits.
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