ALJ/KOT/sid * DRAFT Agenda ID #5021

Quasi-legislative

11/18/2005 Item 44

Decision DRAFT DECISION OF ALJ KOTZ (Mailed 10/18/2005)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Rulemaking to Set Hourly Rates for Purposes of Calculating Intervenor Compensation Awards, Pursuant to Public Utilities Code Section 1801 and Following, for Work Performed in Calendar Year 2005.

Rulemaking 04-10-010 (Filed October 7, 2004)

FINAL DECISION ON 2005 RATES FOR

INTERVENORS' REPRESENTATIVES

TABLE OF CONTENTS

Title Page

FINAL DECISION ON 2005 RATES FOR

INTERVENORS' REPRESENTATIVES.....................................................2

1. Introduction 2

2. Background 2

3. Development of the Record 3

4. Conceptual Issues 3

4.1. An Evolving Process 3

4.2. In-House Versus Outside Representatives 3

4.3. Productive Hours 3

5. Currently Authorized Hourly Rates 3

5.1. Rates for Attorneys: 2003-2004 3

5.2. Rates for Experts: 2003-2004 3

6. Intervenors' Proposed Rates for 2005 3

7. Authorized Hourly Rates for Work Performed in 2005 3

8. Future Hourly Rate Updates 3

9. Confidentiality of Compensation Data 3

10. Intervenor Status in this Rulemaking 3

11. Comments on Draft Decision 3

11.1. Utility Comments 3

11.2. Intervenor Comments 3

12. Assignment of Proceeding 3

Findings of Fact................................................................................. 3

Conclusions of Law............................................................................ 3

ORDER............................................................................................ 3

ATTACHMENT A - Intervenors' Proposed Rates for Attorneys: 2005

Intervenors' Proposed Rates for Experts: 2005

FINAL DECISION ON 2005 RATES FOR

INTERVENORS' REPRESENTATIVES

1. Introduction

In today's decision, we approve principles to govern hourly rates for intervenors' representatives.¹ We base these rates on (1) compensation data provided by utilities regarding the in-house and outside representatives who appear on their behalf before this Commission, and (2) the information provided by intervenors regarding the training and experience of their representatives. These rates are presumptively reasonable for calculating awards to intervenors for qualifying hours worked in calendar year 2005.

¹ "Representatives" for purposes of today's decision includes anyone with expertise that might be useful in presenting evidence or argument at the Commission. Thus, the term is not limited to lawyers but includes engineers, accountants, and economists, among others.