10. Assignment of Proceeding

President Michael R. Peevey is the assigned Commissioner and Carol Brown is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. TURN has satisfied all the procedural requirements necessary to claim compensation for D.06-07-029, D.07-09-044, and D.07-12-052.

2. TURN failed to file its request for compensation within 60 days of the final decision for A.05-06-003 as required in § 1804(c). TURN filed its request for compensation more than eight months after the Commission issued its final decision in A.05-06-003. As a result, TURN's request for compensation in this proceeding is disallowed.

3. TURN made a substantial contribution to D.06-07-029, D.07-09-044, and D.07-12-052 as described herein.

4. TURN 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.

5. TURN requested related expenses (excluding meals), that are reasonable and commensurate with the work performed.

6. The total of the reasonable compensation is $265,111.39.

7. The appendix to this decision summarizes today's award.

Conclusions of Law

1. TURN has fulfilled the requirements of Pub. Util. Code §§ 1801-1812, which govern awards of intervenor compensation, for its requests for compensation for its work toward D.06-07-029, D.07-09-044, and D.07-12-052 in R.06-02-013 and thus is entitled to intervenor compensation for its claimed expenses, as adjusted herein, incurred in making substantial contributions to those decisions.

2. TURN has not fulfilled the requirements of Pub. Util. Code §§ 1801-1812 for its request for compensation for its work in A.05-06-003 and thus is not entitled to intervenor compensation for its claimed expenses incurred in making substantial contributions in that proceeding.

3. TURN should be awarded $265,111.39 for its contributions to D.06-07-029, D.07-09-044, and D.07-12-052.

4. This order should be effective today so that TURN may be compensated without further delay.

ORDER

IT IS ORDERED that:

1. The Utility Reform Network (TURN) is awarded $265,111.39 as compensation for its substantial contributions to Decision (D.) 06-07-029, D.07-09-044, and D.07-12-052.

2. Within 30 days of the effective date of this decision, Pacific Gas and Electric Company (PG&E), San Diego Gas & Electric Company (SDG&E), and Southern California Edison Company (SCE) shall pay TURN their respective shares of the award. The Commission directs PG&E, SDG&E, and SCE to allocate payment responsibility among themselves, based on their California-jurisdictional electric revenues for the year in which the decisions were primarily litigated. Payment of $53,608.96, associated with D.06-07-029, shall be allocated based on the 2006 calendar year. Payment of $211,502.43, associated with D.07-09-044 and D.07-12-052, shall be allocated based on the 2007 calendar year. 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 December 3, 2006, the 75th day after the filing date of TURN's September 19, 2006 request for compensation and beginning May 4, 2008, the 75th day after the filing date of TURN's February 19, 2008 request for compensation and continuing until full payment is made.

3. The comment period for today's decision is waived.

4. Rulemaking 06-02-013 remains open to address further long-term procurement issues.

This order is effective today.

Dated October 2, 2008, at San Francisco, California.

APPENDIX

Compensation Decision Summary Information

Compensation Decision:

D0810012

Modifies Decision? N

Contribution Decision(s):

D0607029, D0709044, D0712052

Proceeding(s):

R0602013

Author:

ALJ Brown

Payer(s):

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

Intervenor Information

Intervenor

Claim Date

Amount Requested

Amount Awarded

Multiplier?

Reason Change/Disallowance

The Utility Reform Network

09/19/2006; 02/19/2008

$273,720.33

$265,111.39

No

(1) Failure to file timely request for compensation; (2)  failure to justify hourly rate; and (3)  inappropriately claimed expenses

Advocate Information

First Name

Last Name

Type

Intervenor

Hourly Fee Requested

Year Hourly Fee Requested

Hourly Fee Adopted

Michel

Florio

Attorney

The Utility Reform Network

$470

2005

$470

Michel

Florio

Attorney

The Utility Reform Network

$485 / $490

2006

$485

Michel

Florio

Attorney

The Utility Reform Network

$520

2007

$520

Michel

Florio

Attorney

The Utility Reform Network

$520

2008

$520

Matthew

Freedman

Attorney

The Utility Reform Network

$270

2005

$270

Hayley

Goodson

Attorney

The Utility Reform Network

$210

2007

$210

Marcel

Hawiger

Attorney

The Utility Reform Network

$280

2006

$280

Marcel

Hawiger

Attorney

The Utility Reform Network

$300

2007

$300

Kevin

Woodruff

Policy Expert

The Utility Reform Network

$200

2005

$200

Kevin

Woodruff

Policy Expert

The Utility Reform Network

$225

2006

$225

Kevin

Woodruff

Policy Expert

The Utility Reform Network

$225

2007

$225

Cynthia

Mitchell

Policy Expert

The Utility Reform Network

$140

2007

$140

(END OF APPENDIX)

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