9. Assignment of Proceeding

Rachelle B. Chong is the assigned Commissioner and David Fukutome is the assigned ALJ in this proceeding.

Findings of Fact

1. TURN and VSI have satisfied all the procedural requirements necessary to claim compensation in this proceeding.

2. AECA has substantive deficiencies in its request for compensation.

3. TURN and AECA made a substantial contribution to D.07-09-004 as described herein.

4. VSI made a substantial contribution to D.07-09-004 primarily in settlement negotiations, but some of its work was duplicative of other parties.

5. TURN, VSI, and AECA requested hourly rates for its representatives that, as adjusted, are reasonable when compared to the market rates for persons with similar training and experience.

6. VSI claimed 1.75 hours for Ross's time for which no description of the activity is provided.

7. AECA did not provide adequate documentation of the activities performed by its expert witnesses as required by Rule 17.4(b) for the Commission to evaluate the reasonableness of the claimed compensation for their work.

8. AECA did not provide an analysis of its allocation of costs of participation between its small and large members.

9. TURN and AECA requested related expenses that are reasonable and commensurate with the work performed.

10. The total of the reasonable compensation for TURN is $115,398.73.

11. The total of the reasonable compensation for VSI is $23,088.75.

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

Conclusions of Law

1. TURN has fulfilled the requirements of §§ 1801-1812, which govern awards of intervenor compensation, for its request for compensation for its work toward D.07-09-004 and is entitled to intervenor compensation for its claimed expenses incurred in making substantial contributions to this Decision.

2. TURN should be awarded $115,398.73 for its contribution to D.07-09-004.

3. VSI has fulfilled the requirements of §§ 1801-1812, which govern awards of intervenor compensation, for its request for compensation for its work toward D.07-09-004 and is entitled to intervenor compensation for its claimed expenses, as adjusted herein, incurred in making substantial contributions to this Decision.

4. VSI should be awarded $23,088.75 for its contribution to D.07-09-004.

5. AECA is not awarded any intervenor compensation because it failed to document the reasonableness of the compensation claimed.

6. This order should be effective today so that TURN and VSI may be compensated without further delay.

ORDER

IT IS ORDERED that:

1. The Utility Reform Network (TURN) is awarded $115,398.73 as compensation for its substantial contributions to Decision (D.) 07-09-004.

2. Vote Solar Initiative (VSI) is awarded $23,088.75 as compensation for its substantial contributions to D.07-09-004.

3. Agricultural Energy Consumers Association's request for compensation is denied.

4. Within 30 days of the effective date of this decision, Pacific Gas and Electric Company shall pay TURN and VSI the total award. 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 January 20, 2008, the 75th day after the filing date of TURN's and VSI's requests for compensation, and continuing until full payment is made.

This order is effective today.

Dated December 18, 2008, at San Francisco, California.

APPENDIX

Compensation Decision Summary Information

Compensation Decision:

D0812054

Modifies Decision? N

Contribution Decision(s):

D0709004

Proceeding(s):

A0603005

Author:

ALJ Fukutome

Payer(s):

Pacific Gas and Electric Company

Intervenor Information

Intervenor

Claim Date

Amount Requested

Amount Awarded

Multiplier?

Reason Change/Disallowance

The Utility Reform Network

11/06/07

$115,419.98

$115,398.73

 

Adjusted hourly rate

Vote Solar Initiative

11/06/07

$ 31,003.75

$ 23,088.75

 

Duplicate effort; unidentified activity

Agricultural Energy Consumers Association

11/02/07

$ 24,074.73

$ 0.00

 

Lack of documentation of experts' time and compensation factor

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

$485.00

2006

$485.00

Michel

Florio

Attorney

The Utility Reform Network

$525.00

2007

$520.00

Matthew

Freedman

Attorney

The Utility Reform Network

$280.00

2006

$280.00

Matthew

Freedman

Attorney

The Utility Reform Network

$300.00

2007

$300.00

Hayley

Goodson

Attorney

The Utility Reform Network

$195.00

2006

$195.00

Hayley

Goodson

Attorney

The Utility Reform Network

$210.00

2007

$210.00

William

Marcus

Policy Expert

The Utility Reform Network

$210.00

1/1/06 - 4/30/06

$210.00

William

Marcus

Policy Expert

The Utility Reform Network

$220.00

5/1/06 - 4/17/07

$220.00

Jeff

Nahigian

Policy Expert

The Utility Reform Network

$165.00

5/1/06 - 7/26/07

$165.00

John P.

Ross

Policy Expert

Vote Solar Initiative

$125.00

2006

$125.00

John P.

Ross

Policy Expert

Vote Solar Initiative

$130.00

2007

$130.00

Edward

Smeloff

Policy Expert

Vote Solar Initiative

$300.00

2006

$300.00

Greggory

Wheatland

Attorney

Vote Solar Initiative

$345.00

2006

$345.00

Greggory

Wheatland

Attorney

Vote Solar Initiative

$355.00

2007

$355.00

(END OF APPENDIX)

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