ALJ/MLC/hkr DRAFT

8/8/2002

Agenda ID #863

Decision DRAFT DECISION OF ALJ COOKE (Mailed 7/9/2002)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking on the Commission's Own Motion to Consider Modifications to the Universal Lifeline Telephone Service Program and General Order 153.

Rulemaking 98-09-005 (Filed September 3, 1998)

OPINION AWARDING COMPENSATION

This decision modifies Decision (D.) 02-02-024, which awarded Greenlining Institute and Latino Issues Forum $27,720.00 in compensation for their contribution to D.00-10-028. Consistent with D.02-05-011, we modify the hourly rates adopted for attorneys Susan Brown and Robert Gnaizda. This change results in a total award of compensation of $29,254.00. The incremental difference ($1,534.00) shall be paid to Greenlining Institute and Latino Issues Forum, with interest commencing March 3, 2001, from the intervenor compensation program fund, as described in D.00-01-020.

Background

In D.02-02-024, we awarded Greenlining Institute and Latino Issues Forum $27,720.00 in compensation for their substantial contribution to D.00-10-028. Their work was performed in 1998, 1999, and 2000. To set rates, we relied on the rates adopted in D.00-04-003 and D.01-09-045 for Brown and Gnaizda. Greenlining Institute and Latino Issues Forum had requested rates be set at $275/hour for Brown and $375/hour for Gnaizda for all hours worked.

D.01-09-045 relied in part on rates adopted in D.00-04-003. Greenlining Institute and Latino Issues Forum filed a timely application for rehearing of D.00-04-003, which was resolved in D.02-05-011. Greenlining Institute and Latino Issues Forum also filed a petition to modify D.00-04-003, which was resolved in the order disposing of the application for rehearing. Although D.02-05-011 denied the application for rehearing, the Commission took the opportunity presented by the request to reevaluate the rates awarded to several attorneys and experts for Greenlining Institute and Latino Issues Forum.

In D.02-05-011, we set new 1998 rates for Brown and Gnaizda at $260/hour and $290/hour, respectively. We have subsequently modified D.00-04-011 and D.01-09-011, consistent with the Commission's directive that we revisit the rates adopted in orders that followed D.00-04-003, in light of its modification. Today's decision also responds to that requirement.