Award

Utilizing the revised hourly rates for Brown and Gnaizda, the total award to Greenlining Institute and Latino Issues Forum is $29,254.00, as calculated below.

AWARD BASED ON REVISED RATES
Witness/Advocate	Year	Hours	Rate
Brown	1998	26	$ 260.00	$ 6,760.00
Brown	1999	13	$ 275.00	$ 3,575.00
Brown	2000	36	$ 275.00	$ 9,900.00
Brown (Compensation)	1998	2	$ 130.00	$ 260.00
Brown (Compensation)	2000	2	$ 137.50	$ 275.00
Gnaizda	1998	1.6	$ 290.00	$ 464.00
Gnaizda	1999	0.4	$ 300.00	$ 120.00
Gnaizda	2000	3	$ 310.00	$ 930.00
Gonzalez	1998	6	$ 135.00	$ 810.00
Gamboa	1998	6	$ 135.00	$ 810.00
Hernandez	1999	44	$ 75.00	$ 3,300.00
Hernandez	1999	12	$ 37.50	$ 450.00
			Subtotal	$ 27,654.00
			Other Costs	$ 1,600.00
			Total Award	$ 29,254.00

Of this amount, $27,720.00 has already been paid, resulting in an increased award of $1,534.00. Consistent with how we allocated responsibility for the award adopted in D.02-02-024, payment of the $1,534.00 increment will be made from the intervenor compensation program fund, as described in D.00-01-020.

Consistent with previous Commission decisions, we will order that interest be paid on the incremental award amount (calculated at the three-month commercial paper rate), commencing March 3, 2001 (the 75^th day after Greenlining Institute and Latino Issues Forum submitted their compensation request), and continuing until full payment is made.

As in all intervenor compensation decisions, we put Greenlining Institute and Latino Issues Forum on notice that Commission staff may audit their records related to this award. Thus, they must make and retain adequate accounting and other documentation to support all claims for intervenor compensation. Their records should identify specific issues for which compensation is requested, the actual time spent by each employee, the applicable hourly rate, fees paid to consultants, and any other costs for which compensation may be claimed.

Comments on Draft Decision

The draft decision of the ALJ in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure.

Findings of Fact

1. D.02-05-011 adopted 1998 hourly rates for Brown and Gnaizda of $260/hour and $290/hour, respectively.

2. Greenlining Institute and Latino Issues Forum requested 1998, 1999, and 2000 hourly rates for Brown of $275/hour.

3. $275/hour is at the high end of rates awarded to Brown's peer group of Commission practitioners for 1999.

4. Greenlining Institute and Latino Issues Forum requested 1998, 1999, and 2000 hourly rates for Gnaizda of $375/hour.

5. Florio of TURN was awarded $300/hour in 1999 and $310/hour in 2000.

Conclusions of Law

1. Brown should be awarded $275/hour for work in 1999 and 2000.

2. Because the adopted 2000 rate for Brown does not reflect any change from 1999 rates to account for changes in market rates for legal services, the modified 2000 rate adopted today should not limit the Commission's ability to set a different rate for 2000 in a different proceeding for Brown.

3. Gnaizda's 1999 and 2000 rates should be set consistent with the rates awarded to Florio of TURN.

4. Greenlining Institute and Latino Issues Forum should be awarded an additional $1,534.00 for their contribution to D.00-10-028.

5. This order should be effective today so that Greenlining Institute and Latino Issues Forum may be compensated without unnecessary delay.

ORDER

IT IS ORDERED that:

1. Greenlining Institute and Latino Issues Forum, collectively, are awarded an additional $1,534.00 in compensation for their substantial contribution to Decision (D.) 00-10-028.

2. The award shall be paid from the intervenor compensation program fund, as described in D.00-01-020.

3. Payment of the additional award shall include interest at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release G.13, with interest, beginning March 3, 2001, and continuing until full payment is made.

4. This proceeding is closed.

This order is effective today.

Dated , at San Francisco, California.