We award Greenlining/LIF $73,670.22, calculated accordingly:
Brown 145.41 hours @ $275/ hour = $39,987.75
Witteman 39 hours @ $265/ hour = 10,335.00
Consultant's Fees
Gonzales 13.25 hours @ $160/ hour = 2,120.00
Gamboa 41.9 hours @ $160 / hour = 6,704.00
Interns
Flores 118.55 hours @ $70 / hour = 8,298.50
Hartigan 36.25 hours @ $70 / hour = 2,537.50
Subtotal = $69,982.75
Other Costs
Postage and photocopying = 2,632.83
Task Force Meetings = 1,948.14
Subtotal = 4,580.97
Total =$ 74,563.72
We will assess responsibility for payment among PG&E, Edison, SDG&E and SoCalGas according to their respective share of the California jurisdictional revenues filed with the Commission for each utility for 2001. These revenues include combining the gas and electric revenues for PG&E and SDG&E. We adopt this methodology to reflect the nature of the combined gas and electric issues in these proceedings. This methodology results in the following allocation of award payment responsibility:
PG&E 47.6%
SDG&E 8.7
Edison 29.4
SoCalGas 14.3
100.0%
Consistent with previous Commission decisions, we will order that interest be paid on the award amount (calculated at the three-month commercial paper rate) commencing September 18, 2001 (the 75th day after Greenlining/LIF filed its compensation request) and continuing until the utility makes its full payment of award.
As in all intervenor compensation decisions, we put Greenlining/LIF on notice that the Commission Staff may audit Greenlining/LIF's records related to this award. Thus, Greenlining/LIF must make and retain adequate accounting and other documentation to support all claims for intervenor compensation. Greenlining/LIF's records should identify specific issues for which it requests compensation, the actual time spent by each employee, the applicable hourly rate, fees paid to consultants, and any other costs for which compensation may be claimed.
1. Greenlining/LIF has made a timely request for compensation for its contributions to D.01-05-033 and D.01-06-010.
2. Greenlining/LIF 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. Greenlining/LIF contributed substantially to D.01-05-033 and D.01-06-010.
4. Except as noted in the Opinion, Greenlining/LIF has requested hourly rates for attorneys and experts that are no greater than the market rates for individuals with comparable training and experience.
5. The adopted hourly rate for attorney Brown is based on a rate previously approved by the Commission.
6. The adopted rate of $265 per hour for Witteman is reasonable based on our comparison of market rates and the hourly rates for intervenors with similar experience.
7. The adopted rate of $160 per hour is a reasonable rate for Gonzales and Gamboa's professional services considering their experience and work in these proceedings.
8. The adopted rate of $70 per hour is reasonable for Flores and Hartigan considering their experience and work in these proceedings.
9. The miscellaneous costs incurred by Greenlining/LIF are reasonable.
1. Greenlining/LIF has substantially fulfilled the requirements of Sections 1801-1812, which govern awards of intervenor compensation.
2. Greenlining/LIF should be awarded $74,563.72 for its contributions to D.01-05-033 and D.01-06-010.
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 Greenlining/LIF may be compensated without unnecessary delay.
IT IS ORDERED that:
1. Greenlining Institute and Latino Issues Forum is awarded $74,563.72 in compensation for substantial contributions to Decision (D.) 01-05-033 and D.01-06-010.
2. Pacific Gas and Electric Company (PG&E), Southern California Edison Company (Edison), San Diego Gas and Electric Company (SDG&E), and Southern California Gas Company (SoCalGas) shall pay Greenlining/LIF the following compensation amounts: PG&E, $35,492.34; Edison, $21,921.73; SDG&E, $6,487.04; and SoCalGas, $10,662.61. Payment shall be made within 30 days of the effective date of this order. PG&E, Edison, SDG&E and SoCalGas 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 September 18, 2001, and continuing until full payment is made.
3. The comment period for today's decision is waived.
4. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
Compensation Decision(s): |
|
Contribution Decision(s): |
D0105033/D0106010 |
Proceeding(s): |
A0011009/A0011011/A0011012/A0011020 |
Author: |
ALJ DeBerry |
Payer(s): |
Pacific Gas & Electric Company/Southern California Edison/San Diego Gas & Electric Company/Southern California Gas Company |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Reason Disallowance |
Greenlining Institute/Latino Issues Forum |
7/15/01 |
$95,203.91 |
$74,563.72 |
Failure to justify hourly rates; failure to justify multiplier. |
Witness Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
Susan |
Brown |
Attorney |
Greenlining Institute/Latino Issues Forum |
$275 |
2001 |
$275 |
Chris |
Witteman |
Attorney |
Greenlining Institute/Latino Issues Forum |
$265 |
2001 |
$265 |
Viola |
Gonzales |
Policy Expert |
Greenlining Institute/Latino Issues Forum |
$250 |
2001 |
$160 |
John |
Gamboa |
Policy Expert |
Greenlining Institute/Latino Issues Forum |
$250 |
2001 |
$160 |
Jenny |
Flores |
Intern |
Greenlining Institute/Latino Issues Forum |
$90 |
2001 |
$70 |
Erin |
Hartigan |
Intern |
Greenlining Institute/Latino Issues Forum |
$90 |
2001 |
$70 |