9. Assignment of Proceeding

Michael R. Peevey is the assigned Commissioner, and Charlotte F. TerKeurst (assigned to Phase 2) and Jean Vieth (assigned to Phase 1) are the assigned ALJs in this proceeding.

1. UCS has satisfied all the procedural requirements necessary to claim compensation in this proceeding.

2. UCS made a substantial contribution to D.07-09-017, D.08-03-018, and D.08-10-037 as described herein.

3. UCS requested hourly rates for its representatives that, as adjusted herein, are reasonable when compared to the market rates for persons with similar training and experience.

4. The total of UCS' reasonable compensation is $48,056.65.

5. NRDC has satisfied all the procedural requirements necessary to claim compensation in this proceeding.

6. NRDC made a substantial contribution to D.07-09-017, D.08-03-018, and D.08-10-037 as described herein.

7. NRDC requested hourly rates for its representatives that are reasonable when compared to the market rates for persons with similar training and experience.

8. The total of the reasonable compensation for NRDC is $95,478.39.

9. Appendix to this decision summarizes today's awards.

1. UCS has fulfilled the requirements of §§ 1801-1812, which govern awards of intervenor compensation, and is entitled to intervenor compensation for its claimed expenses incurred in Phase 2 of this proceeding in making substantial contributions to D.07-09-017, D.08-03-018, and D.08-10-037.

2. UCS should be awarded $48,056.65 for its contributions to D.07-09-017, D.08-03-018, and D.08-10-037.

3. NRDC has fulfilled the requirements of §§ 1801-1812, which govern awards of intervenor compensation, and is entitled to intervenor compensation for its claimed expenses incurred in Phase 2 of this proceeding in making substantial contributions to D.07-09-017, D.08-03-018, and D.08-10-037.

4. NRDC should be awarded $95,478.39 for its contributions to D.07-09-017, D.08-03-018, and D.08-10-037.

5. This order should be effective today so that UCS and NRDC may be compensated without further delay.

6. This proceeding should remain open.

ORDER

IT IS ORDERED that:

1. Union of Concerned Scientists is awarded $48,056.65 and Natural Resources Defense Council $95,478.39 as compensation for their substantial contributions to Decision (D.) 07-09-017, D.08-03-018, and D.08-10-037.

2. Within 30 days of the effective date of this decision, Pacific Gas and Electric Company, Southern California Edison Company, Southern California Gas Company, and San Diego Gas & Electric Company shall pay Union of Concerned Scientists and Natural Resources Defense Council the utilities' respective shares of the award. We direct Pacific Gas and Electric Company, Southern California Edison Company, Southern California Gas Company, and San Diego Gas & Electric Company to allocate payment responsibility among themselves, based on their California-jurisdictional gas and electric revenues for the 2007 calendar year, to reflect the year in which the proceeding was primarily litigated. Payment of the award shall include interest at the rate earned on prime, three-month commercial paper as reported in Federal Reserve Statistical Release H.15, beginning March 7, 2009, the 75th day after the filing date of Union of Concerned Scientists' and Natural Resources Defense Council's requests for compensation, and continuing until full payment is made.

This order is effective today.

Dated April 8, 2010, at San Francisco, California.

APPENDIX A

Compensation Decision Summary Information

Compensation Decision:

D1004022

Modifies Decision? No

Contribution Decision(s):

D0709017, D0803018, D0810037

Proceeding(s):

R0604009

Author:

ALJ TerKeurst

Payer(s):

Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Gas Company, and Southern California Edison Company

Intervenor Information

Intervenor

Claim Date

Amount Requested

Amount Awarded

Multiplier?

Reason Change/Disallowance

Union of Concerned Scientists

12/22/08

$61,261.50

$48,056.65

 

Unproductive effort, inefficient work, excessive hours, travel time, failure to justify hourly rates

Natural Resources Defense Council

12/22/08

$124,310.00

$95,478.39

 

Miscalculation, unproductive effort, inefficient work, excessive hours, undocumented hours

Advocate Information

First Name

Last Name

Type

Intervenor

Hourly Fee Requested

Year Hourly Fee Requested

Hourly Fee Adopted

Alan

Nogee

 

Union of Concerned Scientists

$240

2006

$240

Alan

Nogee

Expert

Union of Concerned Scientists

$260

2007

$260

Alan

Nogee

Expert

Union of Concerned Scientists

$270

2008

$270

John

Galloway

Expert

Union of Concerned Scientists

$130

2006

$125

John

Galloway

Expert

Union of Concerned Scientists

$140

2007

$130

Cliff

Chen

Expert

Union of Concerned Scientists

$115

2006

$115

Cliff

Chen

Expert

Union of Concerned Scientists

$120

2007

$120

Cliff

Chen

Expert

Union of Concerned Scientists

$130

2008

$130

Chris

Busch

Expert

Union of Concerned Scientists

$175

2007

$165

Chris

Busch

Expert

Union of Concerned Scientists

$180

2008

$170

Laura

Wisland

Expert

Union of Concerned Scientists

$125

2008

$125

Audrey

Chang

Expert

Natural Resources Defense Council

$115

2006

$115

Audrey

Chang

Expert

Natural Resources Defense Council

$150

2007

$150

Audrey

Chang

Expert

Natural Resources Defense Council

$155

2008

$155

Kristin

Grenfell

Attorney

Natural Resources Defense Council

$170

2007

$170

Kristin

Grenfell

Attorney

Natural Resources Defense Council

$175

2008

$175

Peter

Miller

Expert

Natural Resources Defense Council

$100

2007

$100

Peter

Miller

Expert

Natural Resources Defense Council

$100

2008

$100

Devra

Wang

Expert

Natural Resources Defense Council

$160

2007

$160

Devra

Wang

Expert

Natural Resources Defense Council

$165

2008

$165

Noah

Long

Attorney

Natural Resources Defense Council

$150

2008

$150

(END OF APPENDIX A)

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