8. Waiver of Comment Period
This is a decision on a request for compensation pursuant to § 1801 et seq.; accordingly under Section 311(g)(3) and Rule 77.7(f)(6) of the Commission's Rules of Practice and Procedure, the otherwise applicable 30-day period for public review and comment is being waived.
1. Sawaya has made a timely request for compensation for his contribution to D.01-11-017.
2. Although D.01-11-017 dismissed Sawaya's complaint and declined to impose penalties on MCI, Sawaya contributed substantially to D.01-11-017 because the decision admonished MCI to avoid late payments of intervenor compensation and misleading statement in pleadings.
3. In order to find that Sawaya's participation was productive, we must reduce Sawaya's compensable hours.
4. Sawaya has requested an hourly advocate's rate of $114 that has already been approved by the Commission.
5. Based on the nature of Sawaya's contribution to D.01-11-017 and the imbalance between the number of hours claimed and the future benefit to ratepayers, we adjust Sawaya's compensable hours so that he may receive compensation for 20 percent of his time, or 29 hours.
6. The miscellaneous costs incurred by Sawaya are reasonable.
1. Sawaya has fulfilled the requirements of §§ 1801-1812, which govern awards of intervenor compensation.
2. Sawaya should be awarded $3,148.29 for his contribution to D.01-11-017.
3. Pursuant to Rule 77.7(f)(6) of the Commission's Rules of Practice and Procedure, the comment period for this compensation decision may be waived.
4. This order should be effective today so that Sawaya may be compensated without unnecessary delay.
IT IS ORDERED that:
1. George M. Sawaya (Sawaya) is awarded $3,148.29 in compensation for his substantial contribution to Decision 01-11-07.
2. MCI Telecommunications Corporation (MCI) shall pay Sawaya the award granted by Ordering Paragraph 1. Payment shall be made within 30 days of the effective date of this order. MCI 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 with the 75th day after December 24, 2001, the date that Sawaya's request was filed.
3. The comment period for today's decision is waived.
4. Case 00-04-029 is closed.
This order is effective today.
Dated , at San Francisco, California.
