IX. Assignment of Proceeding

Geoffrey F. Brown is the Assigned Commissioner, and John S. Wong is the assigned ALJ in the subject proceedings.

Findings of Fact

1. On October 30, 2001, UCAN was ruled eligible to file for an award of compensation in this proceeding by the assigned ALJ.

2. The applications for rehearing of D.02-12-064 were denied in D.03-08-072.

3. UCAN's writ of review of D.02-12-064 and D.03-08-072 was granted by the Court of Appeal, which led to the decision in UCAN v. PUC.

4. The Supreme Court denied UCAN's petition for review of UCAN v. PUC on November 10, 2004.

5. UCAN's January 7, 2005 request for compensation was filed within the 60 days as required by § 1804(c).

6. UCAN made a substantial contribution to D.02-12-064 and D.03-08-072, and the cost of obtaining judicial review in the Court of Appeal is compensable because that decision clarified the decisional law in a manner consonant with UCAN's substantial contribution.

7. As discussed and modifications adopted herein, UCAN's hourly rates and related expenses for its attorneys for work performed in 2003 and 2004 are reasonable.

8. The total of the reasonable compensation is $78,191.31.

9. The Appendix to the opinion summarizes today's award.

Conclusions of Law

1. UCAN has fulfilled the requirements of §§ 1801-1812, which govern awards of intervenor compensation, and is entitled to intervenor compensation for its claimed compensation incurred in making substantial contributions to D.02-12-064 and D.03-08-072.

2. UCAN should be awarded $78,191.31 for its contribution to D.02-12-064 and D.03-08-072 including the subsequent application for rehearing and judicial review of these decisions.

3. The award should be paid by SDG&E.

4. Per Rule 77.7(f)(6), the comment period for this compensation decision should be waived.

5. This order should be effective today so that UCAN may be compensated without further delay.

ORDER

IT IS ORDERED that:

1. The Utility Consumers Action Network (UCAN) is awarded $78,191.31 as compensation for its substantial contributions to Decision (D.) 02-12-064, D.03-08-072, and the subsequent judicial review in the California Court of Appeal.

2. Within 30 days of the effective date of this decision, San Diego Gas & Electric Company shall pay UCAN the amount of $78,191.31.

3. Payment of the award shall include interest at the rate earned on prime, three-month commercial paper as reported in Federal Reserve Statistical Release H.15, beginning March 23, 2005, the 75^th day after the filing date of UCAN's request for compensation, and continuing until full payment is made.

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

5. Application (A.) 00-10-045 and A.01-01-044 are closed.

This order is effective today.

Dated , at San Francisco, California.

Compensation Decision Summary Information

Compensation Decision:		Modifies Decision? No
Contribution Decision(s):	D0212064 and D0308072
Proceeding(s):	A0010045 and A0101044
Author:	ALJ Wong
Payer(s):	San Diego Gas & Electric Company

Intervenor Information

Intervenor	Claim Date	Amount Requested	Amount Awarded	Multiplier?	Reason Change/Disallowance
Utility Consumers Action Network	01/07/05	$86,073.81	$78,191.31	No

Advocate Information

First Name	Last Name	Type	Intervenor	Hourly Fee Requested	Year Hourly Fee Requested	Hourly Fee Adopted
Michael	Shames	Attorney	Utility Consumers Action Network	$250	2003/2004	$250
Lee	Biddle	Attorney	Utility Consumers Action Network	$185	2003/2004	$185
Alan	Mansfield	Attorney	Utility Consumers Action Network	$430	2003	$375
Alan	Mansfield	Attorney	Utility Consumers Action Network	$450	2004	$375
Edward	Silverman	Attorney	Utility Consumers Action Network	$375	2003/2004	$375