ALJ/TIM/hkr Date of Issuance 3/13/2009
Decision 09-03-020 March 12, 2009
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of Pacific Gas and Electric Company for Authorization to Enter into Long-Term Natural Gas Transportation Arrangements with Ruby Pipeline, for Cost Recovery in PG&E's Gas and Electric Rates and Nonbypassable Surcharges, and for Approval of Affiliate Transaction. (U39G and U39E) |
Application 07-12-021 (Filed December 21, 2007) |
DECISION GRANTING INTERVENOR COMPENSATION TO L. JAN REID FOR SUBSTANTIAL CONTRIBUTIONS TO DECISION 08-11-032
TABLE OF CONTENTS
Title Page
DECISION GRANTING INTERVENOR COMPENSATION TO L. JAN REID FOR SUBSTANTIAL CONTRIBUTIONS TO DECISION 08-11-032 22
3. Substantial Contribution 44
5. Reasonableness of Requested Compensation 1010
Appendix: Compensation Summary Information
DECISION GRANTING INTERVENOR COMPENSATION TO L. JAN REID FOR SUBSTANTIAL CONTRIBUTIONS TO DECISION 08-11-032
This decision awards $22,471.50 to L. Jan Reid (Reid) for his substantial contributions to Decision (D.) 08-11-032. The amount awarded is $89,960.98 (80%) less than Reid requested because most of his work did not result in a substantial contribution to D.08-11-032. Today's award will be paid by Pacific Gas and Electric Company. This proceeding remains open to address (1) requests for compensation submitted by other intervenors, and (2) an application to rehear D.08-11-032 filed by Gas Transmission Northwest Corporation.
1. Background
In Decision (D.) 08-11-032, the Commission granted the application filed by Pacific Gas and Electric Company (PG&E) for authority to contract for long-term capacity on the proposed Ruby Pipeline. If built, the Ruby Pipeline will transport gas from Wyoming to Malin, Oregon, where it will interconnect with PG&E's system. The Ruby Pipeline will be owned and operated by Ruby Pipeline, LLC (Ruby LLC), a subsidiary of El Paso Corporation (El Paso).
PG&E's application was opposed by Reid and Gas Transmission Northwest Corporation (GTN). Most of the arguments they raised against PG&E's application were rejected by the Commission in D.08-11-032. GTN filed an application to rehear D.08-11-032, which remains pending.
Reid requests intervenor compensation for his participation in this proceeding. The intervenor compensation program, which is set forth in Pub. Util. Code §§ 1801-1812, requires utilities subject to the Commission's jurisdiction to pay the reasonable costs that intervenors incur for their substantial contributions to Commission proceedings. Utilities may recover from their customers the amounts awarded to intervenors. All of the following requirements must be satisfied for an intervenor to receive compensation:
1. The intervenor must file a satisfactory notice of intent (NOI) to claim compensation within 30 days of the prehearing conference (PHC), pursuant to Rule 17.1 of the Commission's Rules of Practice and Procedure (Rules), or at another time specified by the Commission. (Pub. Util. Code § 1804(a).1)
2. The intervenor must be a utility customer or a participant representing utility customers. (§ 1802(b).)
3. The intervenor must file a request for compensation within 60 days of the final decision in a proceeding. (§ 1804(c).)
4. The intervenor must demonstrate significant financial hardship. (§§ 1802(g) and 1804(b)(1).)
5. The intervenor must have made a substantial contribution through the adoption, in whole or in part, of the intervenor's contentions or recommendations by a Commission decision or as otherwise found by the Commission. (§§ 1802(i) and 1803(a).)
6. The intervenor's claimed fees and costs must be reasonable (§ 1801), necessary for the substantial contribution (D.98-04-059), comparable to the market rates paid to others with similar training and experience (§ 1806), and productive (D.98-04-059).
The procedural requirements in Items 1-4 above are addressed immediately below. Items 5-6 are addressed later in today's decision.
1 All subsequent statutory references are to the Public Utilities Code unless otherwise indicated.
