ALJ/GEW/hl2 Mailed 1/12/2007
Decision 07-01-007 January 11, 2007
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Joint Application of Verizon Communications, Inc. ("Verizon") and MCI Inc. ("MCI") to Transfer Control of MCI's California Utility Subsidiaries to Verizon, Which Will Occur Indirectly as a Result of Verizon's Acquisition of MCI. |
Application 05-04-020 (Filed April 21, 2005) |
OPINION DENYING THE PETITION FOR MODIFICATION
OF THE GREENLINING INSTITUTE OF DECISION 06-09-008
The petition for modification of Decision (D.) 06-09-008, filed October 27, 2006, by the Greenlining Institute (Greenlining), is denied. D.06-09-008 awarded Greenlining an intervenor compensation award of $92,241.46 for its substantial contributions to D.06-09-008, which granted the merger application of Verizon Communication, Inc. (Verizon) and MCI Inc. Greenlining had requested $116,623.46. In its petition, Greenlining seeks compensation of an additional $22,688.25 to the amount already awarded. Verizon opposes Greenlining's petition. No application for rehearing of D.06-09-008 was filed.
Petition
In assessing the reasonableness of Greenlining's contribution, the Commission in D.06-09-008 disallowed 70.8 hours claimed by four individuals for post-decision work. The bulk of this time and expense was associated with a meeting with Verizon's chief executive officer after the Commission's decision. The Commission reasoned that these hours should be disallowed in that Pub. Util. Code § 1802(c)(i) refers to activities that contributed to the Commission "in the making of its order or decision."
Greenlining argues that its post-decision work was necessary or helpful in carrying out the terms of the settlement agreement that the Commission approved in the Verizon merger decision. Specifically, it cites San Francisco NAACP v. San Francisco Unified School Dist. (9th Cir. 2002) 284 F.3d 1163, as standing for the proposition that post-decision fees can be recovered in certain circumstances. Greenlining also objects that while it was awarded about 79% of its compensation request, The Utility Reform Network (TURN) was awarded about 88% of its request.
