Assignment of Proceeding
Michael R. Peevey is the Assigned Commissioner and Carol A. Brown is the assigned ALJ in this proceeding.
Findings of Fact
1. UCS has previously been found eligible for intervenor compensation for its contribution to Commission decisions, D.96-08-040, D.98-01-007, D.03-10-085 and D.04-03-033.
2. UCS attests that no monies from any source were used to fund work for which UCS is requesting intervenor compensation.
3. UCS filed a timely NOI following a PHC on April 30, 2004.
4. UCS timely filed its request for intervenor compensation on January 6, 2005, following the Commission's issuance of D.04-12-048 on December 16, 2004.
5. UCS has previously provided the Commission with all other information necessary to be eligible to claim intervenor compensation in its NOI.
6. No objection has been made to UCS' NOI or claim for compensation.
7. UCS made a substantial contribution to D.04-12-048.
8. UCS' requested hourly rates for attorneys and experts are reasonable when compared to the market rates for persons with similar training and experience.
9. The total of these reasonable fees, including reasonable costs, is $124,943.30.
1. UCS has fulfilled the requirements of Pub. Util. Code §§ 1801-1812, which govern awards of intervenor compensation, and is entitled to reasonable compensation, as set forth in the foregoing opinion, for its claimed fees and expenses incurred in making substantial contributions to D.04-12-048.
2. Today's order should be made effective immediately.
IT IS ORDERED that:
1. Union of concerned Scientists (UCS) is awarded $124, 943.30 as compensation for its substantial contributions to Decision 04-12-048.
2. Within 30 days of the effective date of this decision, Southern California Edison Company (SCE), Pacific Gas and Electric Company (PG&E and San Diego Gas & Electric Company (SDG&E) shall pay this award to UCS.
3. PG&E, SCE and SDG&E shall also pay interest on the award beginning March 22, 2005, at the rate earned on prime, three-month commercial paper as reported in Federal Reserve Statistical Release H.15, and continuing until full payment is made.
4. The payment obligation imposed by ordering paragraphs 2 and 3 shall be allocated among SCE, PG&E, and SDG&E on the basis of their respective jurisdictional electric revenues for 2004.
5. The comment period for today's decision is waived.
This order is effective today.
Dated _____________________, at San Francisco, California.
