9. Assignment of Proceeding

Loretta Lynch is the Assigned Commissioner and Bruce DeBerry is the assigned ALJ in this proceeding.

Findings of Fact

1. TURN has made a timely request for compensation for its contribution to D.02-01-037 and D.02-01-039.

2. TURN has made a showing of significant financial hardship by demonstrating the economic interests of its individual members would be extremely small compared to the costs of participating in this proceeding.

3. TURN contributed substantially to D.02-01-037 and D.02-01-039.

4. Except as noted in the Opinion, TURN has requested hourly rates for attorneys that are no greater than the market rates for individuals with comparable training and experience.

5. TURN has requested hourly rates for attorneys Finkelstein ($310 per hour), Wu ($350 per hour) and Florio ($350 per hour) that have already been approved by the Commission.

6. The adopted rate of $190 per hour for attorney Freedman is reasonable based on his previous adopted rate, and his experience.

7. $350 per hour is reasonable for Hempling's professional services considering his experience, background, and rates paid to other attorneys.

8. $330 per hour is reasonable for Rubin's professional services considering his experience, background, and rates paid to other attorneys.

9. $180 per hour is reasonable for Lapp's professional services considering his experience, background, and rates paid to other attorneys.

10. The other costs incurred by TURN are reasonable.

Conclusions of Law

1. TURN has fulfilled the requirements of Sections 1801-1812 which govern awards of intervenor compensation.

2. TURN should be awarded $50,233.56 for its contribution to D.02-01-037 and D.02-01-039, calculated as described in the foregoing opinion.

3. Per 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 TURN may be compensated without unnecessary delay.

ORDER

IT IS ORDERED that:

1. The Utility Reform Network (TURN) is awarded $50,233.56 in compensation for its substantial contribution to Decision (D.) 02-01-037 and D.02-01-039.

2. Pacific Gas and Electric Company (PG&E), Southern California Edison Company (Edison), and San Diego Gas and Electric Company (SDG&E) shall pay TURN the following compensation amounts: PG&E, $27,879.63; Edison, $17,280.34; and SDG&E, $5,073.59 within 30 days of the effective date of this order. PG&E, Edison, and SDG&E shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release H.15, beginning May 29, 2002, and continuing until full payment is made.

3. The comment period for today's decision is waived.

This order is effective today.

Dated , at San Francisco, California.

Compensation Decision Summary Information

Compensation Decision(s):

 

Contribution Decision(s):

D0201037 D0201039

Proceeding(s):

I0104002

Author:

ALJ DeBerry

Payer(s):

Pacific Gas and Electric, Southern California Edison Company, and San Diego Gas & Electric Company

Intervenor Information

Intervenor

Claim Date

Amount Requested

Amount Awarded

Reason Disallowance

The Utility Reform Network

3/15/02

$51,199.81

$50,233.56

Failure to justify hourly rates

Witness Information

First Name

Last Name

Type

Intervenor

Hourly Fee Requested

Year Hourly Fee Requested

Hourly Fee Adopted

Matthew

Freedman

Attorney

The Utility Reform Network

$200

2001

$190

Randy

Wu

Attorney

The Utility Reform Network

$350

2001

$350

Robert

Finkelstein

Attorney

The Utility Reform Network

$310

2001

$310

Michel

Florio

Attorney

The Utility Reform Network

$350

2001

$350

Scott

Hempling

Attorney

The Utility Reform Network

$350

2001

$350

Scott

Rubin

Attorney

The Utility Reform Network

$330

2001

$330

David

Lap

Attorney

The Utility Reform Network

$190

2001

$180

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