3. Award
Utilizing the revised hourly rates for Brown and Gnaizda, the total award to Greenlining Institute and Latino Issues Forum is $15,302.95 as calculated below.
Of this amount, $15,030.45 has already been paid, resulting in an increased award of $272.50. Consistent with how we allocated responsibility for the award adopted in D.00-04-011, we assess responsibility for payment of the $272.50 increment in accordance with PG&E's, SDG&E's, and Edison's respective 1998 California jurisdictional revenues.
Consistent with previous Commission decisions, we will order that interest be paid on the award amount (calculated at the three-month commercial paper rate), commencing April 25, 2000 (the 75th day after Greenlining Institute and Latino Issues Forum submitted their complete compensation request), and continuing until the utilities make full payment, respectively, of the award.
As in all intervenor compensation decisions, we put Greenlining Institute and Latino Issues Forum on notice that Commission staff may audit their records related to this award. Thus, they must make and retain adequate accounting and other documentation to support all claims for intervenor compensation. Their records should identify specific issues for which compensation is requested, the actual time spent by each employee, the applicable hourly rate, fees paid to consultants, and any other costs for which compensation may be claimed.
Comments on Draft Decision
The draft decision of the ALJ in this matter was mailed to the parties in accordance with Public Utilities Code Section 311(g)(1) and Rule 77.1 of the Rules of Practice and Procedure. No comments were filed.
Findings of Fact
1. D.02-05-011 adopted a 1998 hourly rate for Susan Brown of $260/hour.
2. D.02-05-011 adopted a 1998 hourly rate for Robert Gnaizda of $290/hour.
3. Greenlining Institute and Latino Issues Forum requested 1999 hourly rates for attorneys Gnaizda and Brown of $275/hour and $260/hour respectively.
1. The 1998 rates adopted in D.02-05-011 should be utilized for 1999 rates for attorneys Gnaizda and Brown.
2. Because the adopted 1999 rate does not reflect any change from 1998 rates to account for changes in market rates for legal services, the modified 1999 rates adopted today should not limit the Commission's ability to set a different rate for 1999 in a different proceeding for attorneys Brown or Gnaizda.
3. Greenlining Institute and Latino Issues Forum jointly should be awarded an additional $272.50 for their contribution to D. 99-10-065.
4. This order should be effective today so that Greenlining Institute and Latino Issues Forum may be compensated without unnecessary delay.
IT IS ORDERED that:
1. Greenlining Institute and Latino Issues Forum are jointly awarded an additional $272.50 in compensation for their substantial contribution to Decision 99-10-065.
2. Pacific Gas and Electric Company (PG&E), Southern California Edison Company (Edison), and San Diego Gas & Electric Company (SDG&E) shall pay Greenlining Institute and Latino Issues Forum a total of $272.50 in proportion to their respective 1998 jurisdictional revenues within 30 days of the effective date of this order. PG&E, Edison, and SDG&E shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release G.13, with interest, beginning April 25, 2000, and continuing until full payment is made.
3. This proceeding is closed.
4. This order is effective today.
Dated June 27, 2002, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
CARL W. WOOD
GEOFFREY F. BROWN
MICHAEL R. PEEVEY
Commissioners
