ALJ/GEW/avs DRAFT CA-9

4/4/2002

Agenda ID #367

Decision

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking on the Commission's Own Motion to Establish Consumer Rights and Consumer Protection Rules Applicable to All Telecommunications Utilities.

Rulemaking 00-02-004 (Filed February 3, 2000)

OPINION

This decision awards $17,609.85 to The Utility Reform Network (TURN) in compensation for contributions to Decision (D.) 01-07-030. That decision adopted interim rules governing the inclusion of non-communications charges in telephone bills.

1. Background

The Commission's adoption of the interim rules was done within the broader rulemaking devoted to developing comprehensive new telephone consumer protection rules. In a future final decision, the Commission is expected to issue rules that will incorporate and possibly modify the interim rules adopted in D.01-07-030.

While TURN could have deferred seeking compensation for its contribution until a final decision issues, it has opted to submit an interim request for its contribution to D.01-07-030. TURN states that the issues addressed in the interim decision are sufficiently distinct from the issues to be addressed in the final decision that it is relatively easy to identify the resources TURN devoted to the interim decision. The Commission has said previously that intervenors may file for compensation for their contribution to interim Commission decisions rather than wait for the last decision in a particular proceeding. (See D.97-10-026.)

Administrative Law Judge McVicar on October 6, 2001, found TURN eligible to seek intervenor compensation in this proceeding.