8. Award
As set forth in the table below, we approve an award to TURN in the total amount of $127,952.79.
February 2009 Request11 (Fees and Costs associated with obtaining the fee award issued in D.05-04-049 and associated judicial review) | ||||
Attorney/Staff |
Year |
Hours |
Hourly Rate |
Total |
Michael Strumwasser |
2004 |
28.80 |
$550.00 |
$15,840.00 |
Michael Strumwasser |
2005 |
32.50 |
$575.00 |
$18,687.50 |
Michael Strumwasser |
2006 |
2.50 |
$575.00 |
$1,437.50 |
Michael Strumwasser |
2007 |
99.40 |
$625.00 |
$62,125.00 |
Michael Strumwasser |
2008 |
62.80 |
$625.00 |
$39,250.00 |
Frederic Woocher |
2005 |
2.00 |
$575.00 |
$1,150.00 |
Frederic Woocher |
2008 |
8.90 |
$625.00 |
$5,562.50 |
Beverly Grossman-Palmer |
2005 |
71.60 |
$375.00 |
$26,850.00 |
Beverly Grossman-Palmer |
2006 |
66.30 |
$375.00 |
$24,862.50 |
Beverly Grossman-Palmer |
2007 |
95.20 |
$410.00 |
$39,032.00 |
Aparna Sridhar |
2008 |
18.90 |
$410.00 |
$7,749.00 |
Becky Monroe |
2004 |
.60 |
$225.00 |
$135.00 |
Zahirah Washington |
2008 |
21.40 |
$410.00 |
$8,774.00 |
Peter Foley |
2007 |
1.40 |
$145.00 |
$203.00 |
Peter Foley |
2008 |
1.20 |
$145.00 |
$174.00 |
Robert Finkelstein |
2005 |
47.50 |
$395.00 |
$18,762.50 |
Robert Finkelstein |
2007 |
17.50 |
$435.00 |
$7,612.50 |
Robert Finkelstein |
2008 |
19.50 |
$470.00 |
$9,165.00 |
Michel Florio |
2005 |
.75 |
$470.00 |
$352.50 |
Total of Professional Hours: |
$287,724.50 | |||
Preparation of NOI and Compensation Request | ||||
Attorney/Staff |
Year |
Hours |
Hourly Rate |
Total |
Michael Strumwasser |
2004 |
9.80 |
$275.00 |
$2,695.00 |
Michael Strumwasser |
2009 |
6.10 |
$312.50 |
$1,906.25 |
Robert Finkelstein |
2009 |
13.50 |
$235.00 |
$3,172.50 |
NOI and Compensation Request Total: |
$7,773.75 | |||
CALCULATION OF FINAL AWARD | ||||
Total Compensation for Professional Hours |
$287,724.50 | |||
NOI and Compensation Request Preparation Total |
$7,773.75 | |||
Expense Total |
$5,183.00 | |||
Total Requested Award |
$300,681.25 | |||
Disallowances and Adjustments |
−$172,728.4612 | |||
TOTAL AWARD |
$127,952.79 | |||
The award in today's decision pertains to TURN's February 2009 compensation request and is not affected by the settlement of TURN's June 2004 request. Accordingly, consistent with our prior decisions, we order that interest be paid on this award. However, the date of filing used for the interest calculation should not be from February 9, 2009 (when TURN submitted its request) but July 6, 2009 (when TURN submitted its allocation of hours by issue, as required by Rule 17.4(b)(3)). The interest is to be computed at the rate paid on prime, three-month commercial paper (as reported in Federal Reserve Statistical Release H.15), commencing on September 19, 2009 (the 75th day after TURN filed its allocation of hours by issue) and continuing until full payment of today's award is made. The awards are to be paid by SCE as the regulated utility directly involved in the judicial litigation from which the award derives.
We remind all intervenors that Commission staff may audit their records related to an award, and that intervenors must make and retain adequate accounting and other documentation to support their claims. Records pertaining to an award of compensation must be retained for at least three years from the date of the final decision making the award.
11 We adjust TURN's calculations slightly to correct minor errors acknowledged by TURN and use these corrected amounts for consideration in this award.
12 The calculation of these disallowances are detailed in Appendix B.
