ML041070399

FTI Consulting Inc. Cover Sheet Applications for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for February 1, 2004 to February 29, 2004

ML041070399
Person / Time
Site:	Diablo Canyon
Issue date:	03/31/2004
From:	Lumsden T FTI Consulting
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM, 94-0742640
Download: ML041070399 (8)

Text

1 7

Thomas E. Lumsden FTI Consulting Inc.  ;

2 353 Sacramento'Street, 18t1 Floor San Francisco, CA 94111 FILE' 3 Telephone: (415) 283.4200 MAR 3 1 2004:

Facsimile:-, (415) 283.4266 VNMT STATES EANKRUPTCY COURT 4 SAN FRAM CISCO, C

Accountants and Financial Advisors for Official 5 Committee of Unsecured Creditors 6

7 8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 In re Case No. 01-30923 DM 12 PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a California corporation, 13 Debtor.[No Hearing Scheduled]

Debtor.l 14 15 Federal I.D. No. 94-0742640 * , .-- - -.

16 FTI CONSULTING INC.'COVER SHEET;APPLICATION.FOR ALLOWANCE AiND PAYMENT OF INTERIM'COMPENSATION AND REIMBURSEMENT OF 17 EXPENSES FOR -

'EBRUARY1. 2004 TO FEBRUARY 29. 2004 18 FTI Consulting, (the "Firm'"), submits its Cover Sheet Application (the "Application")

.19 for All6wance and Payment 'of Interim Compensation and Reimbursement of Expenses for 20 the Period February 1, 2004 to February 29, 2004 (the "Application Period"). In support of 21 the Applicationthe Firm-irspetfuillyrepresents as follows 22 1. The Firm serves as-Accountants and Financial Advisors to'the Official 23 Committee of Unsecured Creditors.- The Firm !ubmitted an Application for appointment as 24 Accountants and Financial Advisors to'1lie Official Committee of Unsecured Creditors on 25 September-27,2002: An Orde for pf the Firm sc'ntantsan Financial 26 lAdvisors to the Official Committee of Unsecured Creditors was entered on October 31, 27 2002, nunc pro tunc to September 1, 2002. The'Firm hereby applies to the Court for 28 WD071701/1-1419903/421931767/v1 . - ( a

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f.' 4 allowance and payment of interim compensation for services rendered and reimbursement of 2 expenses incurred during'the Application Period.

3 2. The Firm billed a total'of $118,462 in fees and expenses during the 4 Application Period. The Total fees represent 216.8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> expended during the Application 5 Period. These fees and expenses break down as follows:

6 I7 Period Fees Expenses Total I

8 February 1, 2004 - $117,157' $1,305 $118,462

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-February 29,-2004--

10 3. Accordingly, the Firm seeks allowance of interim compensation in the total 11 amount of $100,888 at this time. This total is comprised as follows:

12 $99,583 (85% of the fees for services rendered)' plus $1,305 (100% of the expenses 13 incurred).

I 14

,4. For the post-petition period, the Firm, as successor to the Business II 15 Recovery Services practice of PricewaterhouseCoopers,'LLP,'has been paid to date as'.

16 follows: . ,

17 . . .I'

-18 Application Period Amount., Description Amount Paid 19 i I __. __-:_  ;,__ .___ I_A pplied For,

! i.

20 - 1 7--

Ffrst (April I, 2001- $803,642 l90%offees and " l $803,642 i-21 May31,2001) . 100% ofexpenses ._._I_._I 22 Second (June 1, 2001 -7 $870,002 90% of fees and ' $870,002 23' July31,2001) - - . 100% of expenses l -

24 I. . . .. - I -I I':.

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'Payment of this amount would result in a "hold back" of $17,573 28

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1 First Interim Fee - $2,408 - 10% fee hldback ($179,012) net $2,408

.2 Application K ofPricevatehPuseCoopers LP' 3

.: ..... K' *idCourt'Adjustm'ents . ' .. .. .

($176,604) - .

5 Third (August 1, 2001 - $358,024-,. ' 85%'of fees'and ' $358,024 August 30, 2001) .. 100%ofexpenses 7

8 Fourth (September 1, 2001 $293,871: 85% of fees and, $293,871 9 - September,30, 2001)X -:.. a"* _ 100% of expenses ._._.__.____.

10 Fifth (October 1, 2001i- $307809 '. 85% of fees and  : $307,809 11 October 31, 2001) 100% of expenses ' _._-_:

12 Sixth (November 1,2001- . $215,596 85% offees and $215,596 13 November 30, 2001) . .0. 0. % ofexpenses ' . _'_'_._.

14 Second Interim Fee .. $145,541 '. 15% fee holdback ($198,105) net $145,541 15 Application *' :6f PriceivaterhouseCoopers LLP 16 . adjustments ($52,564) '.

17 Seventh (December 1, - $192,887' 85% of fees and -$192,887,.

18 2001-December 31, 2001) . .. 100%... ' of expenses:.., .________'___

19 Eight (January 1, 2002-. I$223,013 85%'of fees and $223,013.,

20 January 31, 2002) 100% of expenses 21 Ninth (February 1, 2002 - $197F,888 85% of fees and - . . .'. $197,888 .

22 February 28, 2002) .: - 1.. ; 100% ofexpenses  : .

23 Tenth (March 1, 2002 - $189,814 85% bffees and $189,814 24 March'31, 2002) 100% of expenses............:.-..

25 Third Interim Fee - $114,300 i: 15% fee holdback ($128,506)'net $114,300 26 Application of PricewaterhouseCoopers LLP

.27 write-offs ($3,705) and expense .....

28 :__._.__:'_______._.;__;_. adjustments ($10,500)

WVD 671701/111419903/42/931767/v I I .*' ;,  ; I . .

IV Eleventh (April 1, 2002 - $185,003 85% of fees and  ;$185,003 I

2 April 30, 2002) - ' -: - . . - 100% of expenses' 3 $183,784 Twelfth (May 1, 2002- $183,784 85% of fees and 4

May 31, 2002) 100% of expenses

.... , , 5% of....

fee an $8,860. ... e 5-Thirteenth (Jun e 1,'2002 - $'81;860 85% of fees and $81,860 6

June 30, 2002) - 100% of expenses 7

Fourteenth (July 1, 2002 - $204,553' 85% of fees and ' $204,553 8

July 31, 2002) .. 0_% of exp

_ enses_

9 Fifteenth (August 1, 2002 $127,849 85% of fees and 100% of $127,849 10

- August 31, 2002) expenses 11 Fourth Interim (April 1, -$106,253 15% holdback fees'($109,606) $106,253 12 2002 - July 31, 2002) . .. net voluntary write-off ($3,353) _

13 Sixteenth (September 1, .$84,985 85% fees and 100% expenses $84,985 14 2002 - September 30,- - .

15-2002) ' '

16 Seventeenth (October 1, - $113,478 85% fees and 100 % exp6nses' $13,478 17.

2002 - October 31, 2002) 18 Eighteenth (November 1, $315,139 85% fees and 100 % expenses $315,139 19 2002 - November 30,  : _ _ . i I ..

20 2002)  :- '. . . . .

21 Nineteenth (December 1, $227,074 85% fees and 100 % expenses $227,074 22 2002 - December 31, 23 2002) .. . -

24 Fifth Interim (August i, $115,270 i 15% holdback fees $115,270 25

.2002-- November 30, - . ,..

26 2002) ... ._x 27 11 28 WD 071701/1-14199031421931767/v1 I4

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Twentieth (January 1, 2003 $160,122 85%*fees and 100% expenses; $160,122 2 -January 3 1,2003)  ;:. . '. -

3 Twenty-first (February 1 $133,793 it 85%fees and 100% expenses $133 4

2003- February 28, 2003) ....

5 Twenty-second (March 1 $160,446 85% fees and 100% expenses $160,446 6

2003 - March 31, 2003) 7 Twenty-third (April 1, $163,638 85% fees and 100% expenses $163,638 8:

2003 - April 30, 2003) .

9 Twenty-fourthc(May 1, $157,479 85% fees and 100% expenses $157,479 10 2003- May 31, 2003) . ..- -... .

11 Sixth Interim (December 1, $116,680 15% holdback fees, $116,680 12 2002 - March 31, 2003) 13 Twenty-fifth (June-1, 2003 $105,311 1 85% of fees and 100% expenses. $105,311 14

-June 30, 2003) __;_-_;_._._._;__ _,

15 Twenty-sixth (July 1, 2003 $209,335 85% of fees and 100% expenses $209,335 16

-July 31, 2003) , ;_..._._. . .

17 Twenty-seventh (Augiist 1, $109,631 85% of fees and 100% expenses . $109,631 18 2003 -August 31, 2003) 19 Seventh Interim (April 1, $109,034 15% holdback fees $109,034 20 2003 - July 31, 2003)_ . ... .  ; - --

21 Twenty-eighth (September $195,459 85% of fees and 100% expenses . $195,459 22 1, 2003 - September 30,' . . .

23 2003) 24

-Twenty-ninth (October 1, $135,119 '85% of fees and 100% expenses $1357119 25 2003- October 31, 2003) . '_._._._.._-_:_-__________.  !,

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• 1,; Thirtieth (November , $118,774.. 85% of fees and 100% expenses;. $118,774 2

2003 -November 30, . .

• 3 .  : .

2003) . ..

4 Thirty-first (December 1, $162,573 85% of fees and 100% expenses. $162,573 5

2003 - December 31, 6

2003) ._._.

7 Eighth Interim (August 1, $95,996 15% holdback fees $95,996 8

2003- November 30, - .

2003) . -  :

10 Thirty-second (January 1, $89,270 85% of fees and 100% expenses $89,270 11, 2004 - January 31, 2004) . . . . . . E 12 13 14 Total Paid to the Finn to Date_'_.._.___._.

.5.

$7,882,703 I...:

To date, the Firm is owed as'follows (excluding amounts owed pursuant-to

$7,882,703 15 this Application). . .. . .... .

16 17 Application Period. ' . .; Amount, Descripti6n 18 Thirty-first (December 1, 2003 'December $28;212; 15% fee holdback

.19 lIz 31, 2003) 20 Thirty-second (Ja'nmiry 1, 2004 - January' $15,739 - 15% fee holdback 21 31, 2004) ._._.

22 Total Owed to Finn to Date $43,951 -:_;

23

6. With regard to the copies of this Application serv'ed on'counsel for the 24 Committee, counsel, f6r' the Debtor and'tlie Office of the United States Trustee, attached 'as 25 Exhibit 1 hereto is the name of each professional who perf6rmed'services in connection with 26 this case during the period covered by this Application and the hourly rate for each such.

27 professional; and (b) attached as Exhibits 2-1 and 2-2 are the detailed time and expense 28 WD 071701/1-1419903/42/931767/vl--

., -'1 " ' ':

• I statements for the Application Period that comply.with all Northern District of California

.2 Bankruptcy;Local Rules'nd Compensation Guidelines and the Guidelines of the Office of 3 the United States Trustee. - ' ' " I 4 7. The Firm has served a copy of this Application (without-Exhibits)"on the 5 Special Notice List in this case.'

6 8. Pursuant to this Court's 'ORDER ESTABLISHING INTERIM FEE 7 APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered 8 on or about July 26, 2001, the Debtor is authorized to make the payment requested herein 9 without a further hearing or order of this Court unless an objection to this Application is

• 10 filed With the Court by the Debtor, the Committee or the United States Trustee and served by 11 the fifteenth day ofthe month following the service'ofthis Application. If such an objection 12 is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection. The 13 Firm is informed and believes that this Covei Sheet Application was mailed by first class 14 mail, postage prepaid, on or about March 31, 2004.  :,

. 15 .9.: The interim comperisation~and reimbursement of expenses sought in this

• 16 Application is on account and is not final. Upon the conclusion of this case, the Firm will 'l 17 seek fees and reimbursement of the expenses incurred for the totality.of the services.

18 rendered in the case. Any interim fees or reimbursement of expenses approved by this Court 19 and received by the Firm will be credited against such final fees and expenses as may be 20 allowed by this Court.

l ire ; 1010 77- ware f i~ j es e nts nts stharrC~~

r- a ra i t~i_9T TlaTh-elliipFct cs c m ply w~ith all, 21 22 Northern District of California Bankruptcy Local Rules and Compensation Guidelines and.

. 23 the Guidelines of the Office of the United States Trustee. Neither the Firm nor any members 24 of the Firm has.any agreement or understanding of any kind or.nature to divide, pay over or

25. l share,any portion of the fees or expenses to be awarded to the Firm with any other person-or 26 attorney except as among the members and associates of the Firm. ,  ;  : K.

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'71 1 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the Firm 2 as requested herein pursuant to and in accordance with the terms of the 'ORDER 3 ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT 4 PROCEDURE."1 5

6 Dated: March 31, 2004 FTI Consulting Inc.

7 A 8 By:__

A_ - = -Thomas-E.

Liiihsden 9 Senior Managing Director 10 11 12

.13 14 15 16 17 18 19 20 21 22 23 24 .

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