Susan P. Kennedy is the Assigned Commissioner and Michelle Cooke is the assigned ALJ in this proceeding.
1. SSRC has made a timely request for compensation for its contribution to D.03-05-038 and D.03-06-030.
2. SSRC 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. SSRC's requested attorneys' hours are excessive.
4. SSRC has requested hourly rates for attorneys that are no greater than the market rates for individuals with comparable training and experience.
5. The hourly rates SSRC seeks for law clerks/law students are consistent with Commission precedent and lower than Shute, Mihaly's market rates.
6. The costs incurred by SSRC are reasonable.
1. SSRC has fulfilled the requirements of §§ 1801-12 which govern awards of intervenor compensation.
2. The fact that SSRC raised funds from private donors does not render it ineligible for compensation or undermine a finding that it meets the financial hardship test.
3. SSRC should not recover compensation for time spent communicating with the press, because such time does not relate directly to its participation in this proceeding.
4. We should increase the hourly rates for Attorneys Mihaly, Armi, and Schue by $10.00 each for 2003, to $325, $230, and $175 per hour, respectively.
5. We should award SSRC $60 per hour for work by its law clerks in 2003.
6. SSRC should receive compensation for its reasonable costs.
7. SSRC should not receive compensation for excessive attorneys' fees, based on excessive hours, as such fees are not reasonable pursuant to Pub. Util. Code § 1801. With the adjustment shown in Table 4 of the foregoing decision, SSRC's fees are reasonable.
8. SSRC should be awarded $43,867.65 for its substantial contribution to
D.03-05-038 and D.03-06-030.
9. This order should be effective today so that SSRC may be compensated without unnecessary delay.
IT IS ORDERED that:
1. Save Southwest Riverside County (SSRC) is awarded $43,867.65 in compensation for its substantial contribution to Decisions 03-05-038 and
03-06-030.
2. San Diego Gas and Electric Company (SDG&E) shall pay SSRC $43,867.65 within 30 days of the effective date of this order. 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, with interest, beginning on September 16, 2003, and continuing until full payment is made.
3. This proceeding is closed.
This order is effective today.
Dated _____________________, at San Francisco, California.
Compensation Decision Summary Information | |
Compensation Decision(s): |
D |
Contribution Decision(s): |
D0305038, D0306030 |
Proceeding(s): |
A0103036 |
Author: |
ALJ Cooke |
Payer(s): |
San Diego Gas & Electric Company |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Reason Change/Disallowance |
Save Southwest Riverside County |
July 3, 2003 |
$62,251.75 |
$43,867.65 |
Excessive hours; communicating with press not compensable |
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
Marc |
Mihaly |
Attorney |
Save Southwest Riverside County |
$325 |
2003 |
$325 |
Osa |
Armi |
Attorney |
Save Southwest Riverside County |
$230 |
2003 |
$230 |
Janette |
Schue |
Attorney |
Save Southwest Riverside County |
$175 |
2003 |
$175 |
Law Clerks |
Save Southwest Riverside County |
$60 |
2003 |
$60 |