G. Waiver of Comment Period
Pursuant to Pub. Util. Code § 311(g)(3) and Rule 77.7(f)(6) of the Rules of Practice and Procedure, the 30-day comment period for draft decisions may be waived because this is a decision on requests for intervenor compensation. However, in view of the changes to Intervenors' requested amounts this decision orders, we will allow the parties the full 30 days for comments.
1. TURN and UCAN made a timely request for compensation for their contribution to D.01-02-040.
2. Greenlining/LIF made an untimely request for compensation.
3. TURN, UCAN, and Greenlining/LIF contributed substantially to D.01-02-040.
4. TURN, UCAN, and Greenlining/LIF previously made a showing of significant financial hardship by demonstrating the economic interests of their individual members would be extremely small compared to the costs of participating in this proceeding.
5. TURN and UCAN have requested hourly rates for their attorneys that have already been approved by the Commission.
6. The Commission has established hourly rates for Greenlining/LIF's attorneys for 2000.
7. Greenlining/LIF has not established entitlement to an increase in hourly rates for 2001.
8. The miscellaneous costs incurred by TURN and UCAN are reasonable.
9. Greenlining/LIF did not seek costs for its participation in this proceeding.
1. TURN, UCAN, and Greenlining/LIF have fulfilled the requirements of Sections 1801-12, which govern awards of intervenor compensation.
2. Work related to intervenor compensation should be compensated at 50% the approved hourly rate.
TURN's, UCAN's, and Greenlining/LIF's fees should be reduced 10% because of the difficulty in assigning a dollar value to their efforts.
3. Greenlining/LIF's fees should be reduced by 40% due to duplication, excessiveness, and attenuation from the issues in the Civil Case.
4. Greenlining/LIF's hours should be reduced by 50% for travel time and eliminated for efforts unrelated to this proceeding.
5. TURN should be compensated $84,616.04, UCAN compensated $31,362.18, and Greenlining/LIF compensated $90,647.16 for their substantial contributions to D.01-02-040.
6. A request for compensation may be filed after the 60-day deadline in certain circumstances.
7. This order should be effective today so that Intervenors may be compensated without unnecessary delay.
IT IS ORDERED that:
1. The Utility Reform Network (TURN) is awarded $84,616.04 for its contribution to Decision (D.) 01-02-040.
2. The Utility Consumers' Action Network (UCAN) is awarded $31,362.18 for its contribution to D.01-02-040.
3. The Greenlining Institute/Latino Issues Forum (Greenlining/LIF) is awarded $90,647.16 for its contribution to D.01-02-040.
4. Greenlining/LIF's Rule 1 and 1.5 Motion for sanctions is denied.
5. MCI WorldCom, Inc. (WorldCom) and Sprint Corporation (Sprint) shall each pay TURN $42,308.02, UCAN $15,681.09, and Greenlining/LIF $45,323.58, half the awarded amount, within 30 days of the effective date of this order. If for any reason WorldCom's or Sprint's payment to TURN is delayed beyond June 24, 2001, the 75th day the date TURN filed its request for compensation, the entity whose payment is delayed shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release G.13, with interest, beginning on June 24, 2001 and continuing until full payment is made. If for any reason WorldCom's or Sprint's payment to UCAN is delayed beyond August 7, 2001, the 75th day the date UCAN filed its request for compensation, the entity whose payment is delayed shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release G.13, with interest, beginning on August 7, 2001 and continuing until full payment is made. If for any reason WorldCom's or Sprint's payment to Greenlining/LIF is delayed beyond October 31, 2001, the 75th day the date Greenlining/LIF filed its request for compensation, the entity whose payment is delayed shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release G.13, with interest, beginning on October 31, 2001 and continuing until full payment is made.
6. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
