ALJ/AES/gd2 Date of Issuance 7/25/2011

Decision 11-07-022 July 14, 2011

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking to Develop Additional Methods to Implement the California Renewables Portfolio Standard Program.

Rulemaking 06-02-012
(Filed February 16, 2006)

DECISION GRANTING INTERVENOR COMPENSATION TO THE UNION OF CONCERNED SCIENTISTS FOR SUBSTANTIAL CONTRIBUTION TO DECISION (D.) 08-08-028, D.08-10-026, D.10-03-021, AND D.11-01-025

TABLE OF CONTENTS

Title Page

DECISION GRANTING INTERVENOR COMPENSATION TO THE UNION
OF CONCERNED SCIENTISTS FOR SUBSTANTIAL CONTRIBUTION TO DECISION (D.) 08-08-028, D.08-10-026, D.10-03-021, AND D.11-01-025 1 1

1. Background 2 2

2. Requirements for Awards of Compensation 3 3

2.1. Preliminary Procedural Issues 4 4

3. Substantial Contribution 5 5

4. Contributions of Other Parties 8 8

5. Reasonableness of Requested Compensation 8 8

5.1. Hours and Costs Related to and Necessary for Substantial Contribution 11 11

5.2. Intervenor Hourly Rates 14 14

5.3. Direct Expenses 15 15

6. Productivity 16 16

7. Award 17 17

8. Waiver of Comment Period 20 20

9. Assignment of Proceeding 20 20

Findings of Fact 20 20

Conclusions of Law 21 21

ORDER 21 21

Appendix

DECISION GRANTING INTERVENOR COMPENSATION TO THE UNION OF CONCERNED SCIENTISTS FOR SUBSTANTIAL CONTRIBUTION TO DECISION (D.) 08-08-028, D.08-10-026, D.10-03-021, AND D.11-01-025

This decision awards the Union of Concerned Scientists $98,159.39 for its substantial contributions to Decision (D.) 08-08-028, D.08-10-026, D.10-03-021, and D.11-01-025. This represents a decrease of $10,978.27 or 10.06% from the amount requested due to non-compensable costs, excessive hours and internal duplication of effort, lack of substantial contribution, and adjusted hourly rates. Today's award payment will be allocated to the affected utilities.

1. Background

The rulemaking (R.) 06-02-012 was initiated to develop rules, procedures, and policies for Renewable Portfolio Standard (RPS) implementation. The RPS program was initiated by Senate Bill 1078 (Sher), Stats, 2002, ch. 516.¹ Decision (D.) 03-06-071 set framework for implementation of the program but deferred several important issues. R.06-02-012, among other questions, addressed the issue of whether the Commission should consider inter-utility trading of renewable energy credit (REC) for RPS compliance. D.08-08-028 issued in this rulemaking specified and defined the attributes of a REC for compliance with the California RPS program. D.08-10-026 refined the methodology for the market price referent (MPR) for use in the PRS program in 2008 and later years in order to improve the accuracy, transparency, and simplicity of the modeling for the MPR proxy plant. D.10-03-021 authorized the procurement and use of tradable REC (TREC) for compliance with the California RPS program. It also delineated the structure and rules for a TREC market and for the integration of TRECs into the RPS flexible compliance system. D.10-05-018 stayed D.10-03-021 pending resolution of two petitions for modification of that decision, filed by the three investor-owned utilities (IOUs), jointly, and by Independent Energy Producers Association (IEPA). D.11-01-025 resolved the petitions by making technical corrections to D.10-03-021. In all other respects, the petitions to modify were denied.

The Union of Concerned Scientists actively participated in the proceedings leading to these decisions.

¹ RPS legislation is codified in Public Utilities Code §§ 399.11-399.20. All subsequent references to sections are to the Public Utilities Code unless otherwise specified.