ML041070399
| 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) | |
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.19 20 21 22 23 24 25 26 27 28 Thomas E. Lumsden FTI Consulting Inc.
353 Sacramento'Street, 18t1 Floor San Francisco, CA 94111 Telephone:
(415) 283.4200 Facsimile:-,
(415) 283.4266 Accountants and Financial Advisors for Official Committee of Unsecured Creditors FILE' MAR 3 1 2004:
VNMT STATES EANKRUPTCY COURT SAN FRAM
- CISCO, C
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re Case No. 01-30923 DM PACIFIC GAS AND ELECTRIC Chapter 11 Case COMPANY, a California corporation, Debtor.[No Hearing Scheduled]
Debtor.l Federal I.D. No. 94-0742640
- FTI CONSULTING INC.'COVER SHEET;APPLICATION.FOR ALLOWANCE AiND PAYMENT OF INTERIM'COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR -
'EBRUARY 1. 2004 TO FEBRUARY 29. 2004 FTI Consulting, (the "Firm'"), submits its Cover Sheet Application (the "Application")
for All6wance and Payment 'of Interim Compensation and Reimbursement of Expenses for the Period February 1, 2004 to February 29, 2004 (the "Application Period"). In support of the Applicationthe Firm-i rspetfuillyrepresents as follows
- 1.
The Firm serves as-Accountants and Financial Advisors to'the Official Committee of Unsecured Creditors.- The Firm !ubmitted an Application for appointment as Accountants and Financial Advisors to'1lie Official Committee of Unsecured Creditors on September-27,2002: An Orde for pf the Firm sc'ntantsan Financial lAdvisors to the Official Committee of Unsecured Creditors was entered on October 31, 2002, nunc pro tunc to September 1, 2002. The'Firm hereby applies to the Court for WD071701/1-1419903/421931767/v1
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-18 19 20 21 22 23' 24 25' 26 27 28 allowance and payment of interim compensation for services rendered and reimbursement of expenses incurred during'the Application Period.
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The Firm billed a total'of $118,462 in fees and expenses during the 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 Period. These fees and expenses break down as follows:
I7 Period Fees Expenses Total February 1, 2004 -
-February 29,-2004--
$117,157' I
$1,305
$118,462
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Accordingly, the Firm seeks allowance of interim compensation in the total amount of $100,888 at this time. This total is comprised as follows:
$99,583 (85% of the fees for services rendered)' plus $1,305 (100% of the expenses incurred).
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For the post-petition period, the Firm, as successor to the Business Recovery Services practice of PricewaterhouseCoopers,'LLP,'has been paid to date as'.
follows:
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i-Application Period Amount.,
Description Amount Paid I
.___ I_ A pplied For, Ffrst (April I, 2001-
$803,642 l90%offees and "
l $803,642 May31,2001) 100% ofexpenses
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$870,002 90% of fees and
$870,002 July31,2001) 100% of expenses l
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'Payment of this amount would result in a "hold back" of $17,573 I..
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.27 28 First Interim Fee
$2,408 10% fee hldback ($179,012) net $2,408 Application K
ofPricevatehPuseCoopers LP' K' *id Court'Adjustm'ents
($176,604)
Third (August 1, 2001 -
$358,024-,. ' 85%'of fees'and '
$358,024 August 30, 2001) 100%ofexpenses Fourth (September 1, 2001
$293,871:
85% of fees and,
$293,871
- September,30, 2001)X -:..
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100% of expenses Fifth (October 1, 2001i-
$307809 '.
85% of fees and
$307,809 October 31, 2001) 100% of expenses Sixth (November 1,2001-. $215,596 85% offees and
$215,596 November 30, 2001).
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% of expenses Second Interim Fee..
$145,541 '.
15% fee holdback ($198,105) net $145,541 Application
- ' :6f PriceivaterhouseCoopers LLP adjustments ($52,564)
Seventh (December 1,
$192,887' 85% of fees and
-$192,887,.
2001-December 31, 2001) 100% of expenses:..,
Eight (January 1, 2002-.
January 31, 2002)
I $223,013 85%'of fees and 100% of expenses
$223,013.,
Ninth (February 1, 2002 -
$197 February 28, 2002).:
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F,888 85% of fees and -
100% ofexpenses
$197,888.
Tenth (March 1, 2002 -
$189,814 85% bffees and
$189,814 March'31, 2002) 100% of expenses............:.-..
Third Interim Fee
$114,300 i: 15% fee holdback ($128,506)'net
$114,300 Application of PricewaterhouseCoopers LLP write-offs ($3,705) and expense adjustm ents ($10,500)
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$185,003 85% of fees and
- $185,003 April 30, 2002) -
100% of expenses' Twelfth (May 1, 2002-
$183,784 85% of fees and
$183,784 May 31, 2002) 100% of expenses 5% of....
fee an
$8,860.
... e Thirteenth (Jun e 1,'2002 -
$'81;860 85% of fees and
$81,860 June 30, 2002) 100% of expenses Fourteenth (July 1, 2002 -
$204,553' 85% of fees and
$204,553 July 31, 2002)
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of exp enses_
Fifteenth (August 1, 2002
$127,849 85% of fees and 100% of
$127,849
- August 31, 2002) expenses Fourth Interim (April 1,
-$106,253 15% holdback fees'($109,606)
$106,253 2002 - July 31, 2002) net voluntary write-off ($3,353)
Sixteenth (September 1,
.$84,985 85% fees and 100% expenses
$84,985 2002 - September 30,-
2002)
Seventeenth (October 1, -
$113,478 85% fees and 100 % exp6nses'
$13,478 2002 - October 31, 2002)
Eighteenth (November 1,
$315,139 85% fees and 100 % expenses
$315,139 2002 - November 30, i
2002) :-
Nineteenth (December 1,
$227,074 85% fees and 100 % expenses
$227,074 2002 - December 31, 2002)..
Fifth Interim (August i,
$115,270 i 15% holdback fees
$115,270
.2002-- November 30, -
2002)
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Twentieth (January 1, 2003 $160,122 85%*fees and 100% expenses;
$160,122
-January 3 1, 2003)
Twenty-first (February 1
$133,793 it 85%fees and 100% expenses
$133 2003-February 28, 2003)
Twenty-second (March 1
$160,446 85% fees and 100% expenses
$160,446 2003 - March 31, 2003)
Twenty-third (April 1,
$163,638 85% fees and 100% expenses
$163,638 2003 - April 30, 2003)
Twenty-fourthc(May 1,
$157,479 85% fees and 100% expenses
$157,479 2003-May 31, 2003)
Sixth Interim (December 1, $116,680 15% holdback fees,
$116,680 2002 - March 31, 2003)
Twenty-fifth (June-1, 2003
$105,311 1 85% of fees and 100% expenses.
$105,311
-June 30, 2003)
Twenty-sixth (July 1, 2003
$209,335 85% of fees and 100% expenses
$209,335
-July 31, 2003)
Twenty-seventh (Augiist 1, $109,631 85% of fees and 100% expenses. $109,631 2003 -August 31, 2003)
Seventh Interim (April 1,
$109,034 15% holdback fees
$109,034 2003 -July 31, 2003).
Twenty-eighth (September
$195,459 85% of fees and 100% expenses. $195,459 1, 2003 - September 30,'
2003)
-Twenty-ninth (October 1,
$135,119
'85% of fees and 100% expenses
$1357119 2003-October 31, 2003)
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.19 20 21 22 23 24 25 26 27 28 Thirtieth (November,
$118,774..
85% of fees and 100% expenses;. $118,774 2003 -November 30, 2003)
Thirty-first (December 1,
$162,573 85% of fees and 100% expenses.
$162,573 2003 - December 31, 2003)
Eighth Interim (August 1,
$95,996 15% holdback fees
$95,996 2003-November 30, 2003)
Thirty-second (January 1,
$89,270 85% of fees and 100% expenses
$89,270 2004 - January 31, 2004)
E Total Paid to the
$7,882,703
$7,882,703 Finn to Date_'_.._.___._. I...:
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To date, the Firm is owed as'follows (excluding amounts owed pursuant-to this Application).
Application Period.
- Amount, Descripti6n Thirty-first (December 1, 2003 'December
$28;212; 15% fee holdback 31, 2003)
Thirty-second (Ja'nmiry 1, 2004 - January'
$15,739 15% fee holdback 31, 2004)
Total Owed to Finn to Date
$43,951 lIz
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With regard to the copies of this Application serv'ed on'counsel for the Committee, counsel, f6r' the Debtor and'tlie Office of the United States Trustee, attached 'as Exhibit 1 hereto is the name of each professional who perf6rmed'services in connection with this case during the period covered by this Application and the hourly rate for each such.
professional; and (b) attached as Exhibits 2-1 and 2-2 are the detailed time and expense WD 071701/1-1419903/42/931767/vl--
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statements for the Application Period that comply.with all Northern District of California Bankruptcy;Local Rules'nd Compensation Guidelines and the Guidelines of the Office of the United States Trustee.
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The Firm has served a copy of this Application (without-Exhibits)"on the Special Notice List in this case.'
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Pursuant to this Court's 'ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE" which was entered on or about July 26, 2001, the Debtor is authorized to make the 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 fifteenth day ofthe month following the service'ofthis Application. If such an objection is filed, Debtor is authorized to pay the amounts, if any, not subject to the objection. The Firm is informed and believes that this Covei Sheet Application was mailed by first class mail, postage prepaid, on or about March 31, 2004.
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The interim comperisation~and reimbursement of expenses sought in this Application is on account and is not final. Upon the conclusion of this case, the Firm will 'l 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 Firm will be credited against such final fees and expenses as may be allowed by this Court.
l r-ire ; 10 ware s n ts stharrC~~
t~i_9T 10 77-f i~ j e e ts n
a ra i TlaTh-elliipFct cs c m ply w~ith 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 members of the Firm has.any agreement or understanding of any kind or.nature to divide, pay over or l share,any portion of the fees or expenses to be awarded to the Firm with any other person-or attorney except as among the members and associates of the Firm.
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.13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, the Firm respectfully requests that the Debtor pay compensation to the Firm as requested herein pursuant to and in accordance with the terms of the 'ORDER ESTABLISHING INTERIM FEE APPLICATION AND EXPENSE REIMBURSEMENT PROCEDURE."1 Dated: March 31, 2004 FTI Consulting Inc.
By:__
A_
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-Thomas-E.
Liiihsden Senior Managing Director
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