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In re Enron Corp.

United States Bankruptcy Court, S.D. New York
Feb 22, 2002
Case No. 01-16034 (AJG), Jointly Administered, Chapter 11 (Bankr. S.D.N.Y. Feb. 22, 2002)

Opinion

Case No. 01-16034 (AJG), Jointly Administered, Chapter 11

February 22, 2002


ORDER PURSUANT TO SECTION 327 OF THE BANKRUPTCY CODE AUTHORIZING NUNC PRO TUNC EMPLOYMENT OF PROFESSIONALS UTILIZED IN THE ORDINARY COURSE OF BUSINESS


Upon the motion, dated January 24, 2002 (the "Motion"), of Enron Corp. and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively, the "Debtors"), for an order, pursuant to section 327 of title 11 of the United States Code (the "Bankruptcy Code"), approving the employment, effective as of the December 2, 2001, of certain professionals utilized by the Debtors in the ordinary course of their business (expressly excluding professionals for whom one or more of the Debtors have filed separate retention applications with this Court) (collectively, the "Ordinary Course Professionals"), as more fully described in the Motion; and it appearing that the Court has jurisdiction to consider the Motion in accordance with 28 U.S.C. § 157 and 1334; and it appearing that the relief requested in the Motion is in the best interest of the Debtors, their estates and creditors; and it appearing that due and proper notice of the Motion has been given and no further notice need be given; and upon the proceedings before the Court; and good and sufficient cause appearing;

IT IS HEREBY ORDERED THAT:

1. The Motion, as amended hereby, is granted.

2. Pursuant to section 327 of the Bankruptcy Code, to the extent deemed necessary or appropriate by the Debtors, the Debtors are authorized to employ the Ordinary Course Professionals listed on Exhibit "A" hereto in the ordinary course of their business, effective as of the date of the commencement of the Debtors' chapter 11 cases.

3. The Debtors are authorized to supplement the list of Ordinary Course Professionals from time to time during these cases, as the need arises, and file such supplemental lists with the Court and serve same on the United States Trustee, attorneys for the Debtors' postpetition lenders and the statutory committee of unsecured creditors, and if no objections to any such supplemental list are filed within twenty (20) days after service thereof, the retention of such Ordinary Course Professionals shall be deemed approved by the Court pursuant to section 327 of the Bankruptcy Code without the need for a hearing.

4. The Debtors are authorized and empowered but not required to pay compensation and reimburse expenses to each of the Ordinary Course Professionals retained pursuant to this Order in the customary manner billed by each such professional upon receipt of reasonably detailed invoices indicating the nature of the services rendered and calculated in accordance with such professional's standard billing practices (without prejudice to the Debtors' right to dispute any such invoices) up to $50,000 per month per such professional on average over a rolling six-month period, with the exception of URS Greiner Woodward Clyde, which shall bill up to $50,000 per month on average over a rolling twelve-monthperiod, provided, however, that, subject to the provisions in decretal paragraph 5 hereof, no Ordinary Course Professional shall receive in excess of $500,000 in the aggregate in these chapter 11 cases.

5. In order for an Ordinary Course Professional to receive compensation in excess of the $50,000 per month cap or the $500,000 aggregate cap during the pendency of these chapter 11 cases, such Ordinary Course Professional shall file a fee application for the full amount of their fees and disbursements in accordance with sections 330 and 331 of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the Local Rules of the Bankruptcy Court for the Southern District of New York, the Fee Guidelines promulgated by the Executive Office of the United States Trustee and any applicable orders of the Court.

6. Each professional retained as an Ordinary Course Professional shall file with the Court, within fifteen (15) days following the later of: (i) entry of this Order and (ii) the date of the professional's engagement by the Debtors in these chapter 11 cases, an affidavit, in substantially the form annexed hereto as Exhibit "B," pursuant to section 327 of the Bankruptcy Code setting forth that such professional does not represent or hold any interest adverse to the Debtors or to their respective estates. The affidavit shall be filed with the Court in accordance with General Order M-242, which can be found at www.nysb.uscourts.gov.

7. The Debtors shall (i) file with the Court a quarterly statement (a "Statement") setting forth (a) the name of the Professional; (b) the aggregate amount paid to such Professional during the previous 90 days and (c) a general description of the services rendered by each Professional and (ii) serve such Statements on the Office of the United States Trustee and counsel for the statutory committee of unsecured creditors appointed in these cases (the "Creditors' Committee") on January 31, April 30, July 31 and October 31 of every year that these cases are pending. The Office of the United States Trustee and the Creditors' Committee shall have thirty (30) days following the filing of a Statement to file objections to payments to a particular Ordinary Course Professional reflected on the Statement. In the event an objection to the amounts paid to an Ordinary Course Professional is filed, the Court shall determine the reasonableness and necessity of such fees and expenses.

8. This Order shall not apply to any professional retained by the Debtors pursuant to a separate order of this Court.

ORDINARY COURSE PROFESSIONALS MOTION EXHIBIT A

EEOS Name of Firm Contact Address Phone Number Estimated Description of Information Monthly Services Fees A.F. R. Shehadeh Law Office Avukat Yilmaz Oz Crawford Bayley Co Gibbs Bruns, LLP King Spalding Ritch, Heather y Mueller, S.C Speechly Bircham Torres Plaz Araujo ENRON ENERGY SERVICES. INC. ENRON POWER MARKETING. INC. Name of Firm Contact Address Phone Number Estimated Description of Information Monthly Services Fees Carroll Gross L.L.P PALM BEACH DEVELOPMENT COMPANY, L.L.C. Name of Firm Contact Address Phone Number Estimated Description of Information Monthly Services Fees Greenberg, Traurig ENRON NORTH AMERICA CORP. Name of Firm Contact Address Phone Number Estimated Description of Information Monthly Services Fees Crosby, Heafey, Roach May Michael R. Woods, P.C Littler Mendelson McCutcheon, Doyle, Brown Emersen, LLP The Law Offices of Coe F. Miles, P.C Pruitt Gushee Bachtell Allan Thompson Tindall Foster Netherland, Sewell Associates, Inc Patch Inc URS Greiner Woodward Clyde AMEC EC Services, Inc ENRON Name of Firm Contact Address Phone Number Estimated Description of Information Monthly Services Fees Tonkon Torp, L.L.P Byrd, Davis, Eisenberg, Walter Furman Pat Makin, Esq

On average over a twelve-month period.

Ramallah P.O. Box (74) $2,000 Advising on OE contract for Gaza Contact: Nadeem Shehadeh Ramallah, Palestine Power Autonomous Territories Tel: 00972-2 2961111 Turan Emeksiz S.3 $5,000 Winding up wholly owned Turkish Park Apt. B/7, G.O.P. 6700 construction company Ankara, Turkey Tel: 90.312.426.1224 . State Bank Building $5,000 Advising re claims against Dabhol Contact: Suresh Talwar N.G.N. Vaidya Marg. Power Company under Power and Dadi Engineer Mumbai-400 023 LNG EPC contracts India 1100 Louisiana $5,000 US legal advice re claims against Contact: Phillip T. Bruns Suite 5300 Dabhol Power Company under Houston, TX 77002-5255 Power and LNG EPC contracts; Tel: 713-650-8805 claims and counterclaims against Bechtel Power and GE Power Systems under construction joint venture agreements 1100 Louisiana $20,000 Advice and documentation of Contact: John L. Keffer Suite 3300 settlement with counterparties to Houston, TX 77002-5219 Gulf of Mexico construction project Tel: 713-751-3200 Gulf Project (Cabyl and Cigsa). . Amberes No. 5 $5,000 Advising on Mexican law aspects Contact: Thomas Mueller-Gastell 06600 Mexico, D.F. and providing Mexican legal Tel: 5207-6533 documents needed to conclude settlement of the Gulf of Mexico Project (Cabyl and Cigsa). 6 St. Andrew Street $5,000 US legal advice re claims against Contact: Jonatthan Rosshandler London EC4A 3LX Dabhol Power Company under England Power and LNG EPC contracts, Tel: 44-0207-427-6400 claims and counterclaims against Bechtel Power and GE Power Systems under construction joint venture agreements. Paseo Colon, Urb. Los $5,000 Venezuelan legal advice re claims Contact: Juan Garanton Cabos and legal disputes arising under the Edif. Polar, piso 17 Accroven — EPCC Contract. Plaza Venezuela Caracas, Venezuela Tel: 582-709-5311 . 701 Brazos, Suite 310 $10,000 Represent Debtors before the Contact: Marianne Carroll Austin, TX Texas Public Utility Commission Tel: 512-320-5953 (PUCT) concerning Retail Electric Fax: 512-320-5920 Provider (REP) licenses, including hearing scheduled for February 2002. 515 East Las Olas Blvd., $50,000 Real estate, zoning, environmental, Contact: Debbie Orshefsky Suite 1500 administrative (permitting), Ft. Lauderdale, Florida 33301 litigation and other land use Tel: 954-765-0500 matters re: Florida development projects. Two Embarcadero Center $45,000 Real estate and permitting issues re Contact: David A. Thompson, 20th Floor Roseville Power Plant. Jane Hawkins San Francisco, CA 94111 Tel: 415-543-8700 . 465 First St. W., Ste. 200 $20,000 Local municipal law and related Contact: Michael Woods Sonoma, CA 95476-6600 issues re Roseville Power Plant. Tel: 707-996-1776 1301 McKinney, Ste. 1900 $5,000 Labor and employment matters. Contact: Kerry Notestine Houston, TX 77010 Tel: 713-652-4748 Fax: 713-951-9212 Three Embarcadero Center $40,000 Environmental, regulatory and San Francisco, CA 94111-4067 contract issues re Emissions Contacts: Barry Ogilby -and- Reductions Credits at Roseville -and- 1900 University Avenue Power Plant; analysis of potential Harlan Wendell E. Palo Alto, CA 94303-2223 grounds for challenge by a municipal entity of the validity of long-term power contracts 15150 Middlebrook Drive $20,000 Opinion for patent infringement . Houston, TX 77058 litigation; Bid/Ask, L.L.C. v. Enron Contact: Coe F. Miles Tel: 281-488-6337 Corp. and Enron Online, L.L.C. Fax: 281-488-4597 1850 Beneficial Life Tower $5,000 Crescendo Energy, LLFCD (88% Contact: William E. Ward Salt Lake City, UT 84111 owned by Trutta and JEDI II) Tel: 801-531-8446 Fax: 801-531-8468 21C Orinda Way #314 $10,000 State and local permitting re Orinda, CA 94563 Roseville Power Plant; Licensing Tel: 925-258-9962 legal advice consultation. 600 Travis St., Ste. 2800 $5-15,000 Company and employee Contact: Charles Foster Houston, TX 77002-3094 immigration matters Tel: 713-229-8733 Fax: 713-228-1303 4950 Three Allen Center $50,000 Petroleum Engineers: consulting, . 333 Clay Street preparing reserve reports on EP Contact: Danny D. Simmons Houston, Texas 77002-4103 assets. Tel: 713-854-4950 Fax: 713-654-4951 . 15832 West Hardy Road $25,000 Preliminary engineering analysis; Contact: C.J. Patch III Houston, TX 77060 response to California Energy Tel: (281) 999-4949 Commission (CEC) data requests regarding Roseville Power Plant. 130 Robin Hill Road, $50,000 Engineers; provide preliminary Contact: Tim Cohen Suite 100 environmental analysis and response Santa Barbara, CA 93117 to CEC data requests regarding Tel: (805) 964-6010 Roseville Power Plant. . 400 Executive Center Drive $20,000 Engineering Design: preparation of Contact: Tim Blackwell Suite 200 engineering drawings; Longview Greenville, SC 29615 power generating facility . 888 S.W. 5th, Ste. 1600 $50,000 Regulatory matters and related Contact: Mike Morgan Portland, OR 97202 matters before the Oregon PUC Tel: 503-802-2007 and the Washington Utilities and Fax: 503-972-3707 Transportation Commission re sale of PGE to Northwest Natural 707 W. 34th St. $30,000 Representation of individuals who Austin, TX 78705 have received notice of Contact: Robby Alden Tel: 512-454-3751 investigations by the Texas Board Fax: 512-451-5857 of Accountants relating to restatement of earnings. . 5941 Capital Forrest Drive $5,000 ERISA matters, on an as-needed S.W. basis. Olympia, WA 98512 Tel: 360-956-9768 Fax: 360-236-9878


Summaries of

In re Enron Corp.

United States Bankruptcy Court, S.D. New York
Feb 22, 2002
Case No. 01-16034 (AJG), Jointly Administered, Chapter 11 (Bankr. S.D.N.Y. Feb. 22, 2002)
Case details for

In re Enron Corp.

Case Details

Full title:In re ENRON CORP., ET AL., Debtors

Court:United States Bankruptcy Court, S.D. New York

Date published: Feb 22, 2002

Citations

Case No. 01-16034 (AJG), Jointly Administered, Chapter 11 (Bankr. S.D.N.Y. Feb. 22, 2002)