11. Assignment of Proceeding

Henry Duque is the Assigned Commissioner and Carol Brown is the assigned ALJ in this proceeding.

Findings of Fact

1. All intervenors filed timely NOIs and made timely requests for compensation for their contribution to D.01-12-009.

2. All intervenors contributed substantially to D.01-12-009.

3. We adopted most of the positions advanced by TURN and rejected most of the positions advanced by the other intervenors.

4. The hours claimed for work and travel time performed by professionals are adequately documented.

5. All of TURN's hours were productive.

6. CAUSE spent an inordinate amount of attorney time on preparation of its NOI and compensation application and a substantial amount of professional time arguing for positions on issues whose resolution we deferred. It also billed for duplicative effort by two law firms.

7. CAUSE contributed substantially to the development of a master data request and to revision of the Undergrounding Guide, and efficiently coordinated its efforts with those of other intervenors.

8. CCAE spent a substantial amount of professional time arguing for positions on issues whose resolution we deferred.

9. CCAE contributed substantially to the development of a master data request and efficiently coordinated its efforts with those of other intervenors.

10. 19SN spent a substantial amount of professional time arguing for positions on issues whose resolution we deferred.

11. 19SN contributed substantially to our decision to modify the criteria for the use of Section 20A funds and to an understanding of the underlying conflicts among different interest groups with regard to undergrounding.

12. For the reasons set out above, we deferred or rejected compensation for some of the fees and costs claimed by the intervenors other than TURN.

13. Except as modified herein, the miscellaneous costs incurred by the intervenors are reasonable.

Conclusions of Law

1. Staff should prepare for Commission consideration a new rulemaking to address Phase 2 issues as defined in D.01-12-009.

2. Subject to the modifications made in this opinion, all intervenors have fulfilled the requirements of §§ 1801-1812, which govern awards of intervenor compensation.

3. TURN should be awarded $71,822.16 for its contribution to D.01-12-009.

4. CAUSE should be awarded $56,659.05 for its contribution to D.01-12-009.

5. CCAE should be awarded $26,764.63 for its contribution to D.01-12-009.

6. 19SN should be awarded $29,733.00 for its contribution to D.01-12-009.

7. Per Rule 77.7(f)(6) of the Commission's Rules of Practice and Procedure, the comment period for this compensation decision may be waived.

8. This order should be effective today so that the intervenors may be compensated without unnecessary delay.

ORDER

IT IS ORDERED that:

1. The Utility Reform Network is awarded $71,822.16 for its substantial contribution to Decision (D.) 01-12-009.

2. California Alliance for Utility Safety and Education is awarded $56,659.05 for its substantial contribution to D.01-12-009.

3. Citizens Concerned About EMFs is awarded $26,764.63 for its substantial contribution to D.01-12-009.

4. 19th Street Neighbors is awarded $29,733.00 for its substantial contribution to D.01-12-009.

5. The awards granted by Ordering Paragraphs 1 through 4 shall be paid from the intervenor compensation program fund, as described in D.00-01-020, within 30 days of the effective date of this order. Payments of the awards shall include interest at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release H.15, beginning with April 4, 2002, the 75th day after the filing date of the intervenors' requests for compensation and continuing until full payment is made.

6. Commission Staff shall prepare a new rulemaking to address Phase 2 issues as defined in D.01-12-009.

This order is effective today.

Dated November 7, 2002, at San Francisco, California.

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