President Michael R. Peevey is the assigned Commissioner and Carol Brown is the assigned Administrative Law Judge in this proceeding.
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.
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.
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.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
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)