ML031820652
| ML031820652 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/23/2003 |
| 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: ML031820652 (2) | |
Text
LECO, LLC 2000 Powell Street, Suite 600 Emeryville, CA 94608 Telephone. (510)653-9800 Facsimile: (510) 653-9898 Consultant for the Debtor UNITED STATES BANKRUPTCYCOURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISIOr Case No. 01-30?23 DM
-EITRIC -
In re PACIFIC GAS AND I COMPANY, a California corporation, Debtor.
Federal I.D. No. 94-0742640 Chapter II Case
[No Heating Scheduled]
LECO, LLC COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTER M COMPENSATION ANI) REIMBURSEMENT OF EXPENSES F R THE PERIOD MAY 1. 2003 TO MAY 3 1.21Q LECG, LLC (tie "Company") submits its Cover Set Application (the 'Application")
for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period May 1, 2003 tQ May 31, 2003 (the "Application Perio'. In support of the Application, the Company respectfully represents as follows:
- 1.
The Company is consultant to Pacific Gas atd 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 daled September 20, 2002. The Company hereby applies to the Court for allowance and payment of interim compensation for services rendered and reimbursement of expenses incutted during the 4plcation Period-
- 2.
Excluding administrative time for which the Company is not seeking to be compensated, the Company billed a total of $IS,338.50 in fees and expenses during the Application Period. The total fees represent 131.10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> expended during the Application Period. These fees and expenses break down as follows:
Period Fees Expenses Total Environmental:
04/01/03 - 04/30/03 S12,572.00 0.00
$12,572.00 Trades Payable:
I 04/01/03 -04/30/03
$5,766.60
$5 766.60 Total S18.338.50 S0o.
$18,338.50
- 3.
According, the Company seeks allowance of inderin, copipensation in the total amount of $15,587.73 at this time. This total is comprised of 85'A.of the fees for services rendered.-
L
- 4.
On this retention, the Company has been paid to date as folOws:
Application Period Amount Applied For Description Amount Paid 9/20/01 -1/28/02
$722,519.52 l0OYofFees
$722,519.52 100Y of Expenses.:
Applica tiow) 5/6/02 - 9/30/02 S423,370.74 85% of Fees'
$423,370.74
- 00% ofExpens=e
- PV "
10/01/02-10/31/02
(
$34,741.20 85% of Fees 34,741.20 100%of Expenset.
11/01/02-11l/30W02 T
$~34,455.91 85%offecsi'
$34,455.91 12/01/02 - 12/27/02 S18,767.00 85% of Fees S18,767.00 100%/ofExpcnes.
5/6/02-11/30102?
S98.918.24 t 5%fhohc
$98,918.24 POY1000t of thi anoust woul4 rsult in a holdback of 52,750.77.
Ah mount ornaly apiied fior in October refuctada a eror of$.50 in the t biWed (SA3 In the anmoun appliedfi)
That ar beer cowected here.
In prkir cover 5epl
, thi5 entry was tOredat t s totil mwi (
(i,070) fahr tbsa the actual GmoutWLed
^X(1K77). t it~etht it Applc-
<Al r allo e of S625954.73 in tes nd cos, otwfilch $492567.85 had previously been paid rsi~
amt nl sover heehe application The Seccad Interim Fee Applicaiion am inclue (i) 822,02 a pro fees and $?Iit50.00 in coats fr~r i ieehe billing tht were, at Debtr's ne Withwn for aWr inclusin i he Ttirrd Interim Fee Applicaton prid nd (i)r a
t for Sl239&64 in outide e fthei Applicnt agreed to withdraw. Acdiy, the enont actally ioaght psuant to the Second Interim Fee Application was $591,416.09, of which Applicant received S492,567S85 pwuat to Its cover fheee leaving a blace of $98,913.24, which baleoce bas been paid.
2
, 0\\
0
FApplicati.. Pfid Amount Applied For S
I 4 A 1
Description 0 nAmount Paid from previous cover sheet applications allowed in the 2 Interim Fee Application 85% of Fees
$43,125.08 100%/6 of Expenses
$1,375,897.69 12/28/02 - 1/3 1/03'
$47,740.58 Total f
$1,380,513.I9j so 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 12/01/02 - 12/27/02
$3,303.00 15%fee hoidack 12/28/02 - 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 4/01/03 - 4/31/03
$11,000.50 100% of fees and expenses Total
$95,878.12
- 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 Tiuatee, 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 May 1, 2003 through May 31, 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.
on or about March 18, 2002, the Debtor is authorized to make payment requested herein without a further hearing 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 fificentill 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 June 20, 2003.
- 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 Company will seck 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 dill Northern District of California Bankruptcy Local Rules and Compensation Guidelines ;nd the Guidelines of the Office of the United States Trustee. Neither the Company nor tny tnemhcrs,Ia 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 Companty.
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 FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" Dated: June 23. 2003
- 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 fasther amended
'PG&E withheld payment of $5,430 for services deemed unbillable on the Trades Payable engagement.
Accordingly, PG&E paid 85% of the adjusted fees, as follows: ($35.980.50+ S19,799 -$5,430)
- 85% + $328 (costs) = 143,125.08. The revised holdback amount associated with this billing is $7,552.43.
LECG, LLC C
- u. nton airctor nCeo Consultant to Pacific "~ and Electric Companty 4