VIII. Assignment of Proceeding

Susan P. Kennedy is the Assigned Commissioner and Michelle Cooke is the assigned ALJ in this proceeding.

Findings of Fact

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.

Conclusions of Law

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.

ORDER

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

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