Rachelle B. Chong is the assigned Commissioner and David Fukutome is the assigned ALJ in this proceeding.
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.
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.
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.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
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)