ML031560729
| ML031560729 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/30/2003 |
| 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: ML031560729 (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 In re Case No. 01-30923 DM PACIFIC GAS AND ELECTRIC COMPANY, a Califonia corporation, Chapter 11 Case Debtor.
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[No Hearing Scheduled LECG, LLC COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPEISATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD APRIL 1.2003 TO APRIL 30.2003 LECO, LLC (the."Company") submits its Cover Sheet Applicationl (the "Application") for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period April 1, 2003 to April 30, 2003 (the "Application Period"). In support of the Application, the Company respectfully represents as follows: '
- 1.
The Company is consultant to Pacific Gas and Electric Compajy, debtor and debtor-in-possession in the above referenced bankruptcy case (the Debtor"). The Cimpany provides claims analysis for enviromnental and trades payable claims. The Company was ergaged 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 the5Court for allowance and payment of interim compensation for services rendered and reimbursement of expenses icurred during the Application Period.
- 2.
Excluding administrative time for which the Company is not seen to be compensated, the Company bilied a total of $ 1,000.50 in fees and expenses during the Application Period. The total fees represent 79.50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period Fees Expenses Total Environmental:
04101/03 -04/30/03 S7,554.00
$0.00
$7,5,54.00 Trades Payable:
04/01/03 - 04/30103
$3,446.50
$0.00
$3,446.50 Total I 1,000.50
$0.00
$1 1,000.50
- 3.
Accordingly, the Company seeks allowance of interin compensation in the total amount of$9,350.43 at this time. This total is comprised of 85% of the fees for services rendeed.J';
- 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
{t l00% of Expenses (I st nterinm Fee.
Applicatioq)
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5/6/02 - 9/30/02
$423,370.74 85% of Fecs
$423,370.74 00% of Expenses 10/01102-10/31/02
$34,741.20 85% of Fees
- t;..$34i741.20 100% ofExpenses 11/01/02 11/30102.
34,455.91 85% of Fees,
$34,455.9 1' 100% of Expenses 12.01/02-12/27/02'
$18,767.00 85%ofF.
,.$i 00% of Expenses 5/6/02-11/30/02
$98,918.24 15% fee holdback 98,918.24
'Payment ofthis amount would result In a "holdback" of$1,6$0.07.
'Theanount originally applied for in October reflected an enor of S.50 in the total billed (S.43 in the amount applied for). That error has been corfected here.
In prior Cover Sheet applications, this entry was reported at its total amount (22,010) rather than the actual amount applied for ($18,767). It is corrected In this Application.
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- 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):
- 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 I 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) and Exhibit 3 (Trades Payable) are the detailed time and expense statements for the period April 1, 2003--
through April 30, 2003 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.
The Second Interim Fee Application sought allowance of $625,954.73 in fees and costs, of which $492,567.85 had-previously been paid pursuant to Interim cover sheet fee applications. Thc Second Interim Fee Application also Included (i) $22,020 in professional fees and $50.00 in costs for December billings that were, at Debtor's request, withdrawn for later inclusion inthe Third Interim Fee Application period, and (ii) a requestforS12,398.64 In outside counsel fees that Applicant agreed to withdraw. Accordingly, the amount actually sought pursuant to the, Second Interim Fee Applicationwas $591,416.09, of which Applicant received $492,567.85 pursuant to its cover sheet fee applicadons, leaving a balance of $98,918.24, which balance has been paid, PG&E withheld payment of $5,430 for services deemed unbillable on the Trades Payable engagement.
Accordingly, PG&E paid 85% ofthe adjusted fees, as follows: (35,980.50+ $19,799- $5,430)
- 85% + $328 (costs) -
43,125.0S. The revised holdback amount associated with thEs billing is $7,552.43.
- 7.
The Company has served a copy of this AppltcatIon (without exhibits) on the Special wu1c ULm Iu U-5a ca. s
- 8.
Pursuant to this Court's ORDER ESTABLISHING INTERrM FEE APPLICATION AND EXPENSE REIMIURSEMENT PROCEDURE" which was etered on or about July26. 20)I. uanId as amended on or about'November B, 2001. and as further amended on or about March 1, 2002. the Debtor is authorized to make piyment requtested herein without a further hearing or order of this Coirt unless an objection to this Application is filed with the Court by the Debtor, the Committee or the Unitctd States Trustee and served by the fifteenth day of the month following servIce of this Application. If such, an objecdon 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 May 30,2003.
- 9.
..The interim compensation and reissburszment of expenses sought in this Application is on account and is not final. Upon conclusIon of this case, the Company will seek fees end reimbursemcnt of the expenses incurred for the totality of the services rendered in the case.
Any interim rees ir reimbursement of experses approved by this Court and received by the Company will be credited agnainsl such inal feesandexpensesas maybeallowedbythisCoturt...*
- 10.
The Company represents and warrants that its billing practices comply with all Norhern District of California Bankrupitcy Local Rules and Compensadon Guidelines and the Guidelines of thc Office of the United States Trustee. Neither the Companynorany 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 withany other person or attomey 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 tems of the 'ORDER ESTABLISH[NO INTERIM FEE APPLICATION AND EXPENSE itEIMBURSEMENT PROCEDURE' Dated: May 30,2003 LEcG.
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X. Getlf In, Director of Finance Co it ific Gas and EtectrkCompany
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from previous cover sheet applications allowed in the 2nd Interim Fee Application 12/28/02 -1/31/03'
$47,740.58 85%ofFees
$43,125.08 100% of Expenses Total 1
Sl,380,513.19
$1,375,897.69 Application Period Amount I
Description 12/01/02 - 1227/02:
$3,303.00 15% fee holdback 12128/02 - 01/31/03,
$7,552.43 15% fees holdback 2/01/03 - 2/28/03
$50,311.19 1 00% of fees and expenses 3/01/03 - 3/31/03
$23,711.00 100% of fees and expenses Total i$84,877.62 o; :1- -
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